Reserve Officers Training Corps (Rotc) Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 JUL -7 A11:50 First Regular Session SENATE S. No. 200 Introduced by Senator Ronald "Bato" Dela Rosa AN ACT MANDATING THE INSTITUTIONALIZATION, DEVELOPMENT, TRAINING, ORGANIZATION AND ADMINISTRATION OF RESERVE OFFICERS' TRAINING CORPS (ROTC) PROGRAM IN HIGHER EDUCATIONAL INSTITUTIONS AND TECHNICAL VOCATIONAL INSTITUTIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE Article II, Section 4 of the 1987 Constitution provides that: "The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service." In addition, Article II, Section 13 thereof, recognizes the role of the youth in nation building, to wit: "The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs." Under the proposed measure, the aforementioned constitutional provisions will be put into practice through the Reserve Officers Training Corps ("ROTC") Program. The ROTC program will consist of mandatory basic military training geared in instill

moral virtues, patriotism, discipline, support and adherence to the Constitutlon. It will also provide training to students for them to be able to lend assistance in relief and rescue during disaster or calamities. The proposed measure aims to focus on providing basic military training for students as well as: (a) enhance students' consciousness in the ethics of service, patriotism and nationalism, respect for human rights, appreciation of the role of national heroes in the historical development of the country, strengthen ethical and spiritual values, and develop personal discipline and leadership; (b) reinforce in the students the values of civic mindedness, volunteerism and genuine service to others in order to be active participants and volunteers for the development and improvement of ecology and environmental protection, human and civil awareness and law enforcement; and most importantly, (c) provide the students with practical and applicable knowledge and skills necessary, essential and ideal for survival, and providing service in times of emergencies and disasters including disaster response operations, skills for research, rescue and relief operations, and early recovery activities. In view of the foregoing, the passage of this measure is earnestly sought. RONALD "EATO DELA ROSA

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL -7 A11:50 First Regular Session SENATE S. No. 200 Introduced by Senator Ronald "Bato" Dela Rosa AN ACT MANDATING THE INSTITUTIONALIZATION, DEVELOPMENT, TRAINING, ORGANIZATION AND ADMINISTRATION OF RESERVE OFFICERS' TRAINING CORPS (ROTC) PROGRAM IN HIGHER EDUCATIONAL INSTITUTIONS AND TECHNICAL VOCATIONAL INSTITUTIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Reserve Officers'

2 Training Corps (ROTC) Act'.

Sec. 2. Declaration of Policy. - It is the policy of the State to serve and protect

the people and to inculcate in the youth patriotism, nationalism and respect for human 5 rights; and to encourage their involvement in public and civic affairs. Thus, the government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service; shall recognize the vital role of the youth in nation-building; and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. Towards this end, the State shall enhance the capacity of the nation to produce the needed workforce in times of war, calamities and disasters, and in support of the law enforcement strategy of the government against crimes and maintenance of peace and order by creating a pool of trained reservists.

Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall

be defined as follows: a) Armed Forces of the Philippines (AFP) Reservist refers to a graduate of the Basic ROTC Program or Advance ROTC Program as established under this Act and as defined under Republic Act No. 7077 otherwise known as the "Citizen Armed Forces or Armed Forces of the Philippines Reservist Act"; b) Higher Education Institution (HEI) refers to a lawfully established learning institution offering Commission on Higher Education (CHED)- recognized or permitted higher education programs including the University of the Philippines System and other universities and colleges with institutional autonomy; and c) Technical-Vocational Institution (TVI) refers to a Technical Education and Skills Development Authority (TESDA)-recognized or accredited learning institution that offers technical-vocational training.

Sec. 4. Mandatory Basic ROTC in Higher Education Institutions and Technical-

Vocational Institutions, - a) The mandatory Basic ROTC Program in HEIs and TVIs for all students enrolled in not less than two (2)-year undergraduate degree, diploma, or certificate programs in HEis and TVIs is hereby institutionalized; b) The mandatory Basic ROTC shall be undertaken by all undergraduate students for four (4) semesters: Provided, That, subject to the capabilities of the school and the AFP, in lieu of the four (4) semesters, a training-immersion program in the AFP training base may be designed, formulated and adopted by the Department of National Defense (DND), CHED, and TESDA, to complete the requirement of this Act; c) Any student who fails to undergo the mandatory Basic ROTC in accordance with this Act shall not be qualified for graduation; d) Any educational institution that fails to institute and implement the Basic ROTC pursuant to this Act shall be subject to disciplinary and administrative sanctions as the CHED or the TESDA may impose.

Sec. 5. Basic ROTC Program Curriculum. - The DND, CHED and TESDA, in

consultation with other relevant government agencies and private stakeholders including associations of schools, shall design and formulate the Program of Instruction (POI) on the Basic ROTC and be guided with the following purposes and objectives: a) To provide basic military training for students in order to motivate, train, organize, and utilize for national defense preparedness or civil military operations, and law enforcement; b) To enhance the students' consciousness in the ethics of service, patriotism and nationalism, respect for human rights, appreciation of the role of national heroes in the historical development of the country, strengthen ethical and spiritual values, and develop personal discipline and leadership; c) To reinforce in students the values of civic mindedness, volunteerism and genuine service to others in order to be active participants and volunteers for the development and improvement of ecology and environmental protection, human and civil rights awareness and law enforcement; and d) To provide the students with practical and applicable knowledge and skills that are necessary, essential and ideal for survival, and providing service in times of emergencies and disasters including disaster response operations, skills for search, rescue and relief operations, and early recovery activities.

Sec. 6. Specialized Programs for Students under Special Circumstances. - There

shall be no exemptions from the Basic ROTC Program. However, the DND, CHED and TESDA, shall prescribe a specialized program to address the special needs and circumstances of students under the following circumstances: a) Those who are classified and officially registered as persons with disabilities; b) Those whose religious beliefs prohibit the use of firearms in rendering service to the country; and

c) Those who have been convicted by final judgment of crimes involving moral turpitude. The specialized program shall include modules as the Basic ROTC Program except for physical military training: Provided, That foreign citizens enrolled in baccalaureate degree courses or technical vocational courses where the Basic ROTC is required shall likewise undergo a specialized program that would deepen their understanding and appreciation of the Philippines, its people, society, culture and government, and harness their potential as bridges to improve their respective countries with the Philippines: Provided, Further, That foreign students who will complete the course shall not be included in the AFP Reserve Force.

Sec. 7. Benefits for Undergoing Basic ROTC Program. - ROTC cadets are entitled

to the following benefits: a) Subject to existing laws and rules on the use and design of military uniform and insignias and provisions of this Act, students undergoing Basic ROTC Program shall be provided with free one (1) set of uniform including combat boots; and b) Free hospitalization including medicines and necessary medical tests and treatments in any government hospital in case of accident or injury during the training.

Sec. 8. Advance Reserve Officers' Training Corps (ROTC) Program. - The

voluntary Advance ROTC is hereby re-institutionalized. The DND, in coordination with the CHED and, where appropriate, the TESDA, shall prescribe the POI for Advance ROTC. Students who will undergo the Advance ROTC Program must complete the Basic ROTC Program prior to admission into the Advance ROTC Program: Provided, That, 26 acceptance for Advance ROTC shall be subject to the requirements of Section 40 of R.A. No. 7077. Students may undergo the Advance ROTC Program for no more than two (2) academic years.

Sec. 9. Incentives for Undergoing the Advance ROTC Program. - Advance ROTC

cadets are entitled to the following incentives:

a) For students not covered by the provisions of R.A. No. 10931, otherwise known as the "Universal Access to Quality Tertiary Education Act", full tuition subsidy of their annual tuition for the period of their advance ROTC; b) Free hospitalization including medicines and necessary medical tests and treatments in any government hospital in case of accident or injury during their training; c) Subject to other requirements prescribed by rules and regulations of the DND and other concerned government agencies, graduates of the Advance ROTC shall be eligible, upon completion of the Advance ROTC and earning a baccalaureate degree, for commission as officers in the Reserve Force of the AFP; d) Priority in recruitment in uniformed services agencies; and e) Automatic grant of first level civil service eligibility for Advance ROTC graduates.

Sec. 10. Composition of the Reserve Force. - All students who completed the

Basic ROTC Program shall be enlisted as members of the Reserve Force with ranks and assignments pursuant to Section 45 of R.A. No. 7077, as amended. However, those who completed the Advance ROTC Program shall be conferred with ranks and assignments pursuant to Section 46 of R.A. No. 7077, as amended.

Sec. 11. Organization, Operation and Maintenance of ROTC Units. - There shall

be at least one ROTC unit in every HEI and TVI: Provided, That HEIs and TVIs may be clustered for the efficient implementation of the provisions of this Act taking into consideration the ideal number of students per ROTC unit. For this purpose, the DND, CHED and TESDA, shall jointly formulate the manner by which the educational institutions shall be clustered in implementing the Basic ROTC and the Advance ROTC Program. The DND, CHED and TESDA shall prescribe the organization and operational manual of ROTC units in HEIs. They shall also designate an office solely dedicated to the supervision and administration of Basic and Advance ROTC programs.

Sec. 12. School-Based Ready Reserve Units (SBRRUS). - School-Based Ready

Reserve Units may be organized by the DND, through the AFP, in HEI campuses and

TVIs offering baccalaureate degree programs. The DND, through the AFP, shall promulgate the rules and regulations for the establishment, management and operation of SBRRUs. HEis shall provide office space, access to facilities and personnel to assist the DND and AFP in managing SBRRUs.

Sec. 13. Training Instructors' Capacity Development and Enhancement

6 Program. - There is hereby established a training program for training instructors, to ensure that they meet the highest physical and moral standards to teach and carry out the Basic ROTC Program. The Instructors' Program shall be jointly developed and administered by the DND in coordination with the CHED, TESDA, and in consultation 10 with stakeholders concerned. A comprehensive training manual shall be developed for the conduct of these trainings, incorporating among other things, gender-appropriate awareness, familiarity with relevant domestic laws and international obligations necessary and appropriate to guarantee the integrity and the highest standard of morality for the implementers of the Basic ROTC Program. Personnel implementing the National Service Training Program (NSTP) under R.A. No. 9163 otherwise known as the "National Service Training Program Act of 2001" shall have priority for employment as personnel to assist in the management of the Basic and Advance ROTC Programs in HEIs and TVIs. They may also be granted authority, subject to rules to be issued by the DND, CHED and TESDA, to be ROTC Program lecturers, instructors and impiementers.

Sec. 14. Establishment of ROTC Grievance Board - There is hereby established

an ROTC Grievance Board in every ROTC unit that shall receive complaints or motu proprio conduct investigations on any complaint or allegation of abuse, violence or corruption in any educational institution implementing this Act which shall be composed of five (5) members: (1) School President or his/her representative where the ROTC unit is located, as Chairperson of the Board; (2) A representative from the CHED Regional Office to be designated by the CHED Chairperson; (3) A representative from the TESDA Regional Office to be designated by the TESDA Director General;

(4) Commandant from the AFP to be designated by the Secretary of the National Defense; and (5) A representative from the provincial or city local government unit where the ROTC unit is located. The Grievance Board shall function as an independent investigative body, which shall formulate the recommendation to the proper disciplinary authority that has jurisdiction over the respondent, depending on whether the said respondent belongs to the military for which purpose, the Articles of War shall be employed. In case of school officials or employees of HEis and TVIs, the provisions of R.A. No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees" and other relevant laws on the matter shall be applied. This is without prejudice to administrative cases that may be filed pursuant to the Civil Service rules for public officers and employees involved in the complaint.

Sec. 15. Powers and Duties of the Grievance Board. - Every Grievance Board

shall be proactive in its duty to: a) establish a system and prescribe a process that promotes and encourages the reporting of any incident of hazing, violence, abuse and corruption in every ROTC unit; b) motu proprio or upon a complaint filed by any person, investigate, any act of hazing, violence, abuse and corruption in the ROTC unit; c) issue an order to preclude those involved in the incident complained of or being investigated from exerting undue influence over the complainant and impede the normal course of the investigation; d) recommend the appropriate action for any offense committed in the ROTC unit to the proper disciplinary authority which has jurisdiction over the respondent within fifteen (15) days upon receipt of the complaint or after initiation of the motu proprio investigation; e) monitor all complaints filed with the Board or with the concerned HEis and TVIs and maintain an updated record of the status of each case; f) provide the parties of the complaint its findings and recommendations within thirty (30) days upon receipt thereof;

g) promulgate rules and regulations necessary to carry out its objectives, functions and disciplinary procedures; and h) perform such other functions as may be provided by law.

Sec. 16. National Grievance and Monitoring Committee. - There is hereby

established a National Grievance and Monitoring Committee (NGMC) composed of the 6 Secretary of National Defense or his or her permanent authorized representative who will act as the Chairperson, the Chairperson of CHED or any permanent authorized representative, the Director General of TESDA or any permanent authorized representative, the Secretary of Justice or any permanent authorized representative, and the Secretary of Interior and Local Government or any permanent authorized representative. The NGMC shall ensure that the provisions and intent of this Act are properly implemented and adhered to, and that there shall be no abuse of any kind in both the conduct of training. In addition, the NGMC shall review the findings or recommendations of any of the Grievance Boards upon filing of the aggrieved party within fifteen (15) days after receipt of such findings or recommendations. It shall provide the parties with its decision within fifteen (15) days from the time of receipt of the petition.

Sec. 17. Free Uniform Voucher. - In order to effectively implement the provision

on free uniform and combat boots for students enrolled in Basic ROTC Program, the CHED and TESDA, in consultation with HEIs and TVIs, shall provide for a mechanism to implement a voucher system that will entitle students to purchase through accredited supplier one set of uniform and combat boots. The Department of Trade and Industry, in coordination with the DND and CHED, shall promulgate rules and regulations on the accreditation of uniform and combat boots suppliers.

Sec. 18. School Fees. - Covered HEIs and TVIs may collect a reasonable training

fee of not more than fifty percent (50%) of the tuition fee per academic unit or subject. Such funds shall be used only for the implementation of the Basic ROTC Program. The CHED, TESDA and DND shall determine the reasonable distribution of the fees among the HEI, TVI and DND to cover the cost of training and related expenses.

Public HEIS and TVIs covered by R.A. No. 10931, otherwise known as the "Universal Access to Quality Tertiary Education Act", shall not collect any fee for the Basic ROTC. The training costs shall be included in the annual appropriations of such HEIs or TVIs. In cases of students not eligible to avail of the benefits under R.A. No. 10931, public colleges, universities and similar learning institutions may collect a training fee of not more than fifty percent (50%) of the tuition fee per academic unit. HEIs and TVIs not covered by R.A. No. 10931 may collect a training fee of not more than fifty percent (50%) of the tuition fee per academic unit. Such funds shall be used only for the implementation of the Basic ROTC Program and maintenance of the ROTC Units and SBRRUs, if any.

Sec. 19. Pilot Implementation of the Mandatory Basic ROTC Program. - Upon

approval of this act, the DND, in coordination with CHED and TESDA, shall undertake a two (2) year pilot program in select public HEIs with existing ROTC units as well as private HEIs who may want to participate in the said pilot implementation of the mandatory program. The DND, in coordination with CHED and TESDA, shall ensure that there shall be ROTC units in Luzon, Visayas, and Mindanao included in the pilot implementation.

Sec. 20. Mandatory Review of the Implementation of this Act. - The DND, in

coordination with CHED and TESDA, shall conduct a review of the implementation of this Act at the end of the two (2) year pilot program and every two (2) years thereafter. The DND shall submit a report to Congress on the result of the mandatory review.

Sec. 21. Penal Provisions. - Any act of abuse, corruption, hazing, torture, data

privacy rights violation, or violation of human rights committed in direct or indirect relation to the implementation of this Act which are punished criminally or administratively by existing laws, rules or regulations, shall be prosecuted in accordance with such laws, rules or regulations. The maximum penalty imposable under existing laws shall be imposed.

Sec. 22. Prosecution Not a Bar to Civil Action. - Criminal or administrative

prosecution shall not be a bar to any civil action for damages or any appropriate relief a victim may file for any act of abuse, corruption, hazing, torture, data privacy rights

violation, or violation of human rights committed in direct or indirect relation to the implementation of this Act.

Sec. 23. Appropriations. - The amount necessary for the implementation of this

Act shall be charged against those authorized in the current appropriations of the DND, CHED and TESDA. Thereafter, the amount necessary for its continued implementation shall be included in the annual General Appropriations Act: Provided, 7 That, funding for the uniform shali be included in the appropriations of CHED and 8 TESDA.

Sec. 24. Joint Congressional Oversight Committee. - There is hereby created

a Joint Congressional Oversight Committee (JCOC) to oversee, monitor, and evaluate the implementation of this Act. The JCOC shall be composed of five (5) members each from the Senate and the House of Representatives with the Chairpersons of the Committees on Higher Educations of both houses as Co-Chairpersons. The Chairpersons of the Committees on National Defense and Security shall likewise be designated as members of the JCOC. The President of the Senate and the Speaker of the House of Representatives shall designate the other three (3) members of the JCOC, one (1) of which shali be from the minority, from the Senate and the House, respectively.

Sec. 25. Implementing Rules and Regulations. - Within ninety (90) days from

the effectivity of this Act, the DND, CHED, and TESDA, in consultation with relevant agencies and stakeholders, shall issue the rules and regulations implementing its provisions. The IRR issued pursuant to this section shall take effect thirty (30) days after its publication in a newspaper of generai circulation.

Sec. 26. Enrollment under R.A. No. 9163. - Students who are currently enrolled

and will be enrolled until the full implementation of this Act, based on the curriculum implemented by virtue of R.A. No. 9163, otherwise known as the "NSTP Act of 2001", shall be allowed to finish the curriculum and be deemed to have satisfied the requirement for graduation after completion thereof.

Sec. 27. Separability Clause. - If any provision of this Act is held invalid or

unconstitutional, the other provisions not so declared shall remain in force and effect.

Sec. 28. Repealing Clause. - R.A. No. 9163, otherwise known as the "NSTP Act

of 2001", is hereby repealed. Provisions of R.A. No. 7077, otherwise known as the

"Citizen Armed Forces of the Philippines Reservist Act", which are inconsistent with 2 the provisions of this Act are hereby amended accordingly. Ail other laws, orders, rules regulations and other issuances, or parts thereof, which are inconsistent with the relevant provisions of this Act are likewise hereby repealed, amended or modified accordingly.

Sec. 29. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved, 11|