LEGAL BASIS FOR THE ROTC PROGRAM

LEGAL BASIS FOR THE ROTC PROGRAM

GENERAL

The defense of the State is the primordial duty of the citizens. While it is true that the
Armed Forces of the Philippines is mandated as the lead agency for the defense and
protection of the State, people and its territory, it is undeniably accepted that ordinary
citizens equally share the same responsibility for the preservation of Freedom and
Independence. Lessons from our history tell that Filipinos have for several times defended
our Motherland from its enemies and foreign invaders. Our forefathers laid down the
supreme sacrifice in order for us to enjoy what we now know as FREEDOM. Freedom in
itself is not free, it requires some degree of responsibility in order for us to maintain an
atmosphere of peace and harmony. This is obligation is further emphasized in Section 4
and Section 13 of the 1987 Constitution which state respectively 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 fulfillment thereof, all
citizens may be required under conditions provided by law to render personal, military or
civil service. “
and
“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.”
The Commonwealth Act No. 1 of 1935, popularly known as National Defense Act laid
the legal basis for the establishment of the Armed Forces of the Philippines. This Act states
that the AFP shall comprise of two components, namely: the Regular and the Reserve
components. The Armed Forces shall be composed of a fully equipped and capable
Regular force backed up by an able and fully mobilizeable Reserve force. This provision
later became the foundation of the Reserve Officer Training Corps. After the enactment of
National Defense Act, ROTC Units were activated all over the Philippines and that started
the training and development of Reserve Units nationwide. During the outbreak of the
World War II, Japanese Imperial Army invaded the Philippines following the attack on Pearl
Harbor on December 8, 1941. It was then that the Reservists (graduates of ROTC) were
Called to Active Duty and fought alongside with both Filipino and American Forces. Though,
the Japanese initially gained victory over the initial firefight, the participation of the
Reservists indeed was instrumental in repelling the initial attacks of the Japanese forces and
the damage and death were dramatically reduced.
The ROTC program indeed still proves to be a potent partner in defense of the State.
It still provides a rich source of reserve officers and enlisted reservist always ready to
respond to the call of service. We can clearly appreciate the participation of the reservists in
socio- economic development efforts of the government; disaster, relief and rescue
operations; environmental protection and even in internal security operations through
Intelligence and other service support requirements of the regular troops. It is undeniable of
the contribution of the ROTC program in inculcating discipline, leadership patriotism and

MILITARY SCIENCE 1 1
-1
 LEGAL BASIS FOR THE ROTC PROGRAM
nationalism among the students. The ROTC also serves as a show window for Filipinos who
want to pursue the profession of arm/military service.

REPUBLIC ACT No. 7077

Republic Act No. 7077 of 1991 known as the " Citizen Armed Force or Armed Force
of the Philippines Reservist Act” was approved into law during the incumbency of Her
Excellency President Corazon C. Aquino. This Act provides the legal basis for the
development, administration, organization, training, maintenance and utilization of the
Citizen Armed Force of the Armed Forces of the Philippines. It states that the State shall
maintain a standing or regular military force in times of peace consonant to its adequate and
actual needs for the security of the State but which can be rapidly expanded by a well-
disciplined Citizen Armed Force in the event of war, invasion or rebellion. The State shall
also provide the Citizen maximum opportunity to participate in safeguarding the State and in
assisting in socio-economic development. The Citizen Armed Force (Reservist) shall be so
organized, trained, developed and maintained as to ensure their readiness to immediately
respond to the call to service.

MISSION OF THE CITIZEN ARMED FORCE

The mission of the Citizen Armed Force, alternately referred to as the Reserve
Force, is to provide the base for the expansion of the Armed Forces of the Philippines in the
event of war, invasion or rebellion, to assist in relief and rescue during disasters or
calamities, to assist in socio-economic development and to assist in the operation and
maintenance of essential government or private utilities in the furtherance of the overall
mission of the AFP.

The citizen soldiers alternately referred to as reservists, who compose the Reserve
Force are those reservists of the Armed Forces of the Philippines who are incorporated into
the Reserve Force, as follows:

a. Graduates of the Reserve Officers’ Training Corps (ROTC) basic courses

b. Graduates of the Reserve Officers’ Training Corps (ROTC) advance courses
c. Graduates of authorized basic citizens’ military training instructions.

RESERVE OFFICERS TRAINING CORPS

Sections 38 and 39 of RA No. 7077 provide legal basis for the conduct of military
training for students enrolled in colleges, universities and similar institutions of learning is
mandatory pursuant to the provisions of National Defense Act and the 1987 Constitution. In
the establishment of ROTC Units in schools, colleges, universities and similar institutions of
learning that request for the conduct of military training in their institutions, there shall be
established and maintained Reserve Officers Training Corps units as the Secretary of
National Defense may approve, which shall conduct military training for the students of such
institutions for the purpose of producing enlisted and officer reservists. The program of
instruction shall be prescribed by the Secretary of National Defense and may include
instruction to prepare female students for military service. Provided; That such course of
instruction shall not exceed two years academic years in the case of enlisted reservists, and

MILITARY SCIENCE 1 1
-2
 LEGAL BASIS FOR THE ROTC PROGRAM
four (4) academic years in the case of officer reservists which shall include as necessary
summer or probationary training of not more than sixty (60) consecutive days. The first two
(2) years of ROTC training, which is mandatory, shall hereafter be referred to as basic
ROTC while the second two (2) years after said basic ROTC which is voluntary, shall
hereafter be referred to as advance ROTC. The allocation of ROTC units to the various
major services of the AFP shall conform to the projected manpower needs of their
respective reserve components. (RA 9163 amended this provision)

Section 40 of RA No. 7077 states the provision for the acceptance for Advance
ROTC. Students who volunteer for advance ROTC shall be screened by an ROTC
acceptance board which is hereby created for the purpose. Composed of the commandant
of the ROTC unit, a representative of the school nominated by the school authorities, and a
military physician. The student volunteer shall be physically examined for fitness for training
and shall further be made to execute in writing a testament that he volunteered for training
of his own volition. Where the student is below eighteen (18) years of age, he shall be
required to obtain his parent’s or guardian’s consent. In the case of students volunteering for
reserve officers training, they shall further be subject to competitive examination in order to
select the best material. The students undergoing advance ROTC shall be referred to as
advance ROTC cadets.

Section 41 of RA No. 7077 refers to the organization and staffing of ROTC Units.
The Secretary of National Defense shall prescribe the organization and staffing of ROTC
Units. Reserve officers in the active service as well as qualified enlisted and officer
reservists in the inactive status shall be given priority to handle training instruction and to
assist in the administration and shall be entitled to receive honoraria and other allowances
as the Secretary of National Defense shall prescribe.

Funds for Maintenance and Operation of School ROTC Unit (Section 42). The funds
for the establishment, maintenance and operation of ROTC units shall be provided for in the
regular annual appropriations of the Armed Forces of the Philippines. Such appropriations
shall provide for the full funding support for advance ROTC only. The school of the student
may not be required to spend any amount for the establishment, operation and maintenance
of ROTC training. Provided, That the school requesting for such establishment shall provide
the training ground and office facilities free of charge.

Award of ranks and assignments to reserve units of Graduates of ROTC (Section

45). Graduates of basic ROTC shall be given a reserve enlisted rank and serial number and
assigned to reserve units and mobilization centers in their provinces. The rank to be
awarded shall be from private to sergeant or its equivalent. Provided, that the quota for
noncommissioned officers shall not exceed five percent (5%) of the authorized strength of
the unit to which the reservists shall be assigned after graduation. Provided, further, That
those to be awarded rank above private shall be chosen based on merit. Those who
continue to the advance ROTC course shall continue to carry their enlisted rank until their
successful completion of advance ROTC.

Section 46 of this Act refers to the disposition of graduates of Advance ROTC.

Those who successfully completed the advance ROTC course shall be recommended for
commission in the reserve force as second lieutenants and assigned to the reserve units

MILITARY SCIENCE 1 1
-3
 LEGAL BASIS FOR THE ROTC PROGRAM
and mobilization centers in their provinces. Those with manifest potential may be
commissioned in the regular force as second lieutenants subject to the criteria for regular
officers of this rank for that particular service. Those who fail to complete the course shall be
conferred the enlisted rank of sergeant or its equivalent and similarly assigned to reserve
units and mobilization centers. Probationary training as a requisite before commissionship
shall be determined by the major service concerned based on technical skills, experiences
or qualifications of the applicants.

NATIONAL SERVICE TRAINING PROGRAM (NSTP) R.A. 9163

Republic Act 9163, also known as the National Service Training Program (NSTP) Act
of 2001". Amended specific provisions of RA 7077 and provide new legal basis for the
establishment of the National Service Training Program for Tertiary Level Students. It is
hereby affirmed the prime duty of the government to serve and protect its citizens. In turn, it
shall be the responsibility of all citizens to defend the security of the State and in fulfillment
thereof, the government may require each citizen to render personal, military or civil service.
Recognizing the youth's vital role in nation-building, the State shall promote civic
consciousness among the youth and shall develop their physical, moral, spiritual, intellectual
and social well-being. It shall inculcate in the youth patriotism, nationalism, and advance
their involvement in public and civic affairs. In pursuit of these goals, the youth, the most
valuable resource of the nation, shall be motivated, trained, organized and mobilized in
military training, literacy, civic welfare and other similar endeavors in the service of the
nation.

Under this Act, the following are hereby defined as follows:

(a) "National Service Training Program (NSTP)" is a program aimed at

enhancing civic consciousness and defense preparedness in the youth by developing the
ethics of service and patriotism while undergoing training in any of its three (3) program
components. Its various components are specially designed to enhance the youth's active
contribution to the general welfare.

(b) "Reserve Officers' Training Corps (ROTC)" is a program

institutionalized under Sections 38 and 39 of Republic Act No. 7077 designed to provide
military training to tertiary level students in order to motivate, train, organize and mobilize
them for national defense preparedness.

(c) "Literacy Training Service" is a program designed to train students to

become teachers of literacy and numeracy skills to school children, out of school youth, and
other segments of society in need of their service.

(d) "Civic Welfare Training Service" refers to programs or activities

contributory to the general welfare and the betterment of life for the members of the
community or the enhancement of its facilities, especially those devoted to improving health,
education, environment, entrepreneurship, safety, recreation and morals of the citizenry.

Establishment of the National Service Training Program. - There is hereby

established a National Service Training Program, which shall form part of the curricula of all

MILITARY SCIENCE 1 1
-4
 LEGAL BASIS FOR THE ROTC PROGRAM
baccalaureate degree courses and of at least two (2)-year technical vocational courses and
is a requisite for graduation, consisting of the following service components:

(1) The Reserve Officers' Training Corps (ROTC), which is hereby made option
and voluntary upon the effectivity of this Act;

(2) The Literacy Training Service; and

(3) The Civic Welfare Training Service

The ROTC under the NSTP shall instill patriotism, moral virtues, respect for rights of
civilians, and adherence to the Constitution, among others. Citizenship training shall be
given emphasis in all three (3) program components.

The Commission on Higher Education (CHED) and Technical Education and Skills
Development Authority (TESDA), in consultation with the Department of National Defense
(DND), Philippine Association of State Universities and Colleges (PASUC), Coordinating
Council of Private Educational Associations of the Philippines (COCOPEA) and other
concerned government agencies, may design and implement such other program
components as may be necessary in consonance with the provisions of this Act.

Coverage - Students, male and female, of any baccalaureate degree course or at

least two (2)-year technical vocational courses in public and private educational institutions
shall be required to complete one (1) of the NSTP components as requisite for graduation.

Duration and Equivalent Course Unit - Each of the aforementioned NSTP program
components shall be undertaken for an academic period of two (2) semesters. In lieu of the
two (2) semester program for any of the components of the NSTP, a one (1)-summer
program may be designed, formulated and adopted by the DND, CHED, and TESDA.

NSTP Offering in Higher and Technical-Vocational Educational Institutions - All

higher and technical-vocational institutions, public and private, must offer at least one of the
program components; Provided, that State universities and colleges shall offer the ROTC
component and at least one other component as provided herein; Provided, further, that
private higher and technical-vocational education institutions may also offer the ROTC if
they have at least three hundred and fifty (350) cadet students.

In offering the NSTP whether during the semestral or summer periods, clustering of
affected students from different educational institutions may be done, taking into account
logistics, branch of service and geographical considerations. Schools that do not meet the
required number of students to maintain the optional ROTC and any of the NSTP
components shall allow their students to cross-enroll to other schools irrespective of whether
or not the NSTP components in said schools are being administered by the same or another
branch of service in the Armed Forces of the Philippines (AFP), CHED and TESDA to which
schools are identified.

Management of the NSTP Components - The school authorities shall exercise

academic and administrative supervision over the design, formulation, adoption and

MILITARY SCIENCE 1 1
-5
 LEGAL BASIS FOR THE ROTC PROGRAM
implementation of the different NSTP components in their respective schools; Provided,
That in case a CHED- or TESDA-accredited non government organization (NGO) has been
contracted to formulate and administer a training module for any of the NSTP components,
such academic and administrative supervision shall be exercised jointly with that accredited
NGO; Provided, further, That such training module shall be accredited by the CHED and
TESDA.
The CHED and TESDA regional offices shall oversee and monitor the
implementation of the NSTP under their jurisdiction to determine if the trainings are being
conducted in consonance with the objectives of this Act. Periodic reports shall be submitted
to the CHED, TESDA and DND in this regard.

Creation of the National Service Reserve Corps - There is hereby created a National
Service Reserve Corps, to be composed of the graduates of the non-ROTC components.
Members of this Corps may be tapped by the State for literacy and civic welfare activities
through the joint effort of the DND, CHED and TESDA. Graduates of the ROTC shall form
part of the Citizens' Armed Force, pursuant to Republic Act No. 7077.

MILITARY SCIENCE 1 1
-6