Exhaustive Study Notes on RA 7077, RA 9163, and AFP Reservist Utilization

Presenter Profile and Background

• Presenter Identity: TSg Joseph G Cabamongan 852787 PAF

• Position: Non-Commissioned Officer in Charge (NCOIC), Academic Department

• Class Designation: Basic Military Training Class 2005 "MASILAB"

• Completed Courses, Seminars, and Special Training:

  • Pre-Deployment Training at Capas, Tarlac

  • Academic Instructors Refresher Seminar

  • Disaster Rescue and Relief Operations Training

  • Basic Non-Commission Officer Course

  • Integrated Search and Rescue Operations Trainor's Training

  • Professional Development Course

  • Medical First Responders Course

  • Advance Non-Commission Officer Course

Philippine Air Force Flight Plan Vision

• Strategic Vision: A Credible and Agile Air Force Adaptable to Modern Warfare and Responsive to National and Regional Security and Development.

• Pillars / Sequence of Presentation:

  • Republic Act 7077

  • Republic Act 9163 (NSTP)

  • Sources of Commission

  • Benefits of Reservists

  • Utilization of Reservists

Republic Act No. 7077: Citizen Armed Force or Armed Forces of the Philippines Reservist Act

Title and Declaration of Policy

• Short Title (Section 1): Citizen Armed Force or Armed Forces of the Philippines Reservist Act.

• Policy on the Regular Force (Section 2):

  • Maintain a standing or regular force in times of peace consonant to actual needs for security.

  • Rapidly expandable by the well-disciplined Citizen Armed Force during war, invasion, or rebellion.

• Security and Socioeconomic Role (Section 3): Citizen Armed Forces provided maximum opportunity to safeguard State security and assist in socioeconomic development.

• Call to Personal Military and Civil Service (Section 4): Organized, trained, developed, and maintained to ensure immediate response to service calls.

• Public Awareness (Section 5): Promote public support and awareness of the Citizen Armed Force as protector of the people and State.

• Manpower Objective (Section 6): Conforms to projected and actual needs. The State does not envision a nation under arms unless extremely necessary.

Mission and Organization of the Reserve Force

• Mission (Section 7):

  • Provide the base for expansion of the Armed Forces of the Philippines (AFP) in times of war, invasion, or rebellion.

  • Assist in relief and rescue operations during disasters or calamities.

  • Assist in socioeconomic development.

  • Assist in the operation and maintenance of essential government or private utilities.

• Five Reserve Components (Section 8):

  1. The Army Reserve Component

  2. The Air Force Reserve Component

  3. The Navy Reserve Component

  4. The AFP-Wide Technical Reserve Component

  5. The Affiliated Reserves

• Component Organization and Structure (Section 9):

  • Prescribed by the Secretary of National Defense (SND) and approved by the President of the Philippines.

  • Manning, structure, and equipment conform to the regular force.

  • Battalion-type (or equivalent) reserve units organized on a provincial basis.

  • Brigade and Division-type (or equivalent) reserve units organized on a regional basis.

  • Affiliated reserve units structure prescribed by SND, conforming closely to existing civilian organization.

• Affiliated Reserves (Section 10):

  • Approved by the President upon recommendation of SND.

  • Composed of private and government entities, corporations, establishments, and organizations providing essential public services (water, light, transportation, communications) supporting national defense plans or emergency response.

  • Constituted via SND orders, assigned unit designations, and integrated into appropriate reserve components with complete official rosters.

Definition, Categorization, and Classification of Citizen Soldiers

• Definition of Citizen Soldiers / Reservists (Section 11):

  1. Graduates of Reserve Officers' Training Corps (ROTC) basic and advance courses issued enlisted or officer reserve orders.

  2. Graduates of authorized basic military training instructions issued enlisted or officer reserve orders.

  3. Honorably discharged/retired ex-servicemen and officers of the AFP and foreign armed forces with diplomatic relations who are Filipino citizens.

  4. Recognized World War II guerrillas honorably discharged.

  5. Commissioned and non-commissioned officers under Affiliated Reserves and graduates of the National Defense College of the Philippines (NDCP).

  6. Commissioned officers, NCOs, and privates procured under Project 36-70 or other existing laws.

• Age Categorization (Section 12):

  • First Category Reserve: Able-bodied reservists aged $18$ to $35$ years, inclusive.

  • Second Category Reserve: Able-bodied reservists aged $36$ to $51$ years, inclusive.

  • Third Category Reserve: Able-bodied reservists above $51$ years of age.

• Readiness Classification of Units (Section 13):

  • Ready Reserve:

    • Mainly First Category reservists, plus volunteer officers/NCOs from Second/Third Categories and all members of Affiliated Reserve units.

    • Organized, trained, and maintained to meet war, national emergency, or local emergencies (disaster relief, rescue, peace and stability maintenance).

    • Mandatory assignment for all First Category reservists until transfer to Standby Reserve due to age.

    • Exemptions from Ready Reserve duty: Active AFP/PNP members; residents abroad during absence; physically/mentally unfit; convicted of crimes involving moral turpitude; case-by-case authorized exemptions.

  • Standby Reserve:

    • Mainly Second and Third Category reservists.

    • Maintained via annual assembly tests to update records and addresses.

    • Mobilized or ordered to active duty only in national emergency or war.

    • Ranks upgraded via voluntary participation in Ready Reserve training, unit retraining, or non-resident courses.

  • Retired Reserve:

    • Citizen soldiers retired due to length of service, disability, or reaching retirement age ($65$ years).

    • Callable to active duty in local/national emergencies if volunteering and if SND determines a deficit of required skills in Ready/Standby Reserves.

Manpower Development, Registration, Selection, and Deferment

• Compulsory Military Registration (Section 14):

  • Mandatory for all male citizens aged $18$ to $25$ years who are not reservists.

  • Registration conducted April $1$ to $7$ commencing $1$ year after Act effectivity, held biennially thereafter.

• Exemptions from Compulsory Military Training (Section 15):

  • Clergy of any religious order or sect (unless volunteering).

  • Active members of AFP and PNP.

  • Superintendents and uniformed members of the National Penitentiary, corrective institutions, and insane asylums.

  • Licensed air and maritime pilots, navigators, and merchant officers.

• Registering Officers and Disqualifications (Sections 16–17):

  • City and Municipal Treasurers serve as registering officers.

  • Disqualified/Exempted from registering: Persons disqualified from government service; physically/mentally unfit (AFP certified); incarcerated awaiting trial (must register upon release); convicted of moral turpitude; active ROTC students; active members of affiliated units.

• Selection Process and Board of Canvassers (Sections 18–20):

  • Selection via drawing of lots conducted in May by a Board of Canvassers.

  • Provincial Board Composition: Division Superintendent of Schools (Chairman), Provincial Fiscal (Member), Designated Military Commander (Member).

  • City Board Composition: City Superintendent of Schools (Chairman), City Fiscal (Member), Chief of Police (Member).

  • Quotas furnished by SND to Provincial Governors and City Mayors.

• Acceptance Board and Classification (Sections 24–26):

  • City Acceptance Board: Local Civil Registrar (Chairman), City Health Officer (Member), Chief of Police (Member), Local Civic Leader (Member).

  • Municipal Acceptance Board: Local Civil Registrar / Municipal Treasurer (Chairman), Municipal Health Officer (Member), Chief of Police (Member), Local Civic Leader (Member).

  • Physical Classifications: Class A (Fit for unlimited service), Class B (Fit for limited service only), Class C (Deferred until later date), Class D (Exempted for mental/physical reasons).

• Grounds for Deferment (Section 27):

  • Indispensable support to dependent families: max $2$ years.

  • Enrolled ROTC students: duration of basic ROTC.

  • Seminary students: duration of prescribed course.

  • Cadets of PMA, PMMA, or other military/police/merchant marine academies: max $2$ years (completing at least $1/2$ of course grants full exemption).

  • High school students in final year: max $1$ year.

  • Overseas residents/workers: duration of stay abroad.

  • Elected officials and Commission on Appointments confirmed presidential appointees: duration of incumbency.

• Appeals Process (Section 28): Written appeal to SND within $30$ days of denial; SND renders final decision within $60$ days.

Employment Security, Draftee Service, and ROTC Regulations

• Security of Tenure in Employment (Section 32):

  • Applies to government employees and private sector workers in establishments with monthly operating volume not less than $\text{PHP } 300,000.00$ and not less than $20$ employees.

  • Undergoing military training does not forfeit employment, seniority, or salary.

  • Reinstatement to former or equivalent position required upon honorable discharge.

• Draftee Training and Service (Sections 33–34):

  • Male citizens aged $18$ to $35$ called for up to $24$ months ($6$ months training + $18$ months active service).

  • Optional voluntary extension up to $12$ consecutive months.

  • Entitled to full pay, allowances, and a separation gratuity of not less than $1$ month salary per year of service (including training; $6$ months counts as a full year).

  • Retained for hospitalization beyond term if injured/diseased during service (without willful misconduct).

• Citizen Military Training Centers (Sections 35–37):

  • Basic military training maximum period: $6$ months.

  • At least $1$ training center per province with capacity for at least $1$ infantry rifle company at a time.

• Reserve Officers' Training Corps (ROTC) Structure (Sections 38–43):

  • Mandatory military training for tertiary students pursuant to National Defense Act and 1987 Constitution.

  • Basic ROTC: First $2$ academic years (mandatory).

  • Advance ROTC: Second $2$ academic years (voluntary; includes probationary training not exceeding $60$ consecutive days).

  • Advance ROTC Selection Board: ROTC Commandant, school representative, military physician (requires competitive exam, physical exam, written testament, and parental consent if under $18$ years of age).

  • ROTC Funding and Benefits: AFP annual budget provides full funding for Advance ROTC (free $2$ suits fatigue uniforms, headgear, belt, $1$ pair combat boots). Schools provide free training grounds and office facilities. Basic ROTC students pay reasonable fee. Top $5\%$ academic students in Advance ROTC receive a $50\%$ tuition subsidy.

Reserve Force Administration, Mobilization, and Penalties

• Ranks and Commissioning (Sections 45–46):

  • Basic ROTC graduates: Enlisted rank (Private to Sergeant; NCO quota capped at $5\%$ of unit strength).

  • Advance ROTC graduates: Recommended for commission as Second Lieutenants in reserve force; exceptional graduates eligible for regular force commission. Non-completers awarded rank of Sergeant.

• Administration and Active Duty Tours (Sections 50–53):

  • AFP Reserve Command created within $1$ year of Act effectivity.

  • Compulsory annual training for reservists: $30$ to $60$ days per year.

  • Non-resident instruction prepares officers up to brigade command/staff level (completion equivalent to $1$ annual active duty tour).

  • Active duty training tours for reserve officers: max $2$ years without extension, served in home province, with a mandatory $5$-year interval before re-call.

• Unit Readiness Categories (Section 54):

  • Ready Reserve I: Operational deployment ready in max $7$ days. May carry excess $20\%$ personnel strength. Insurgency-threatened areas must maintain at least $1$ infantry battalion strength Ready Reserve I unit.

  • Ready Reserve II: Operational deployment ready in max $15$ days.

• Mobilization Categories (Section 59):

  • Full Mobilization: Joint act of Congress and President. Activates all Ready and Standby units.

  • Partial Mobilization: Joint act of Congress and President. Activates specified units.

  • Selective Mobilization: Authority of the President. Activates selected Ready Reserve units for local threats.

• Auxiliary Service (Sections 63–64):

  • Civil Auxiliary Service: Law/order support, relief, non-military activities. Greater female participation. Unarmed (firearms require special permit during peace/order duty). No police powers. NOT subject to military law.

  • Military Auxiliary Service: Local insurgency defense. Armed. Restricted to home localities. Subject to military law.

  • Reservists on auxiliary service receive allowances and burial benefits (no pay).

• Penalties (Sections 68–69):

  • Failure of reservist to respond to compulsory training/service: Court-martial under Articles of War; imprisonment from $2$ months to $12$ months.

  • Failure of citizen to register or report for training after selection: Civil court conviction; imprisonment from $1$ month to $3$ months.

  • Failure of canvassers/registrants to provide updated lists: Civil court conviction; imprisonment from $1$ month to $3$ months.

• Approval & Legislative Leaders (Section 71): Signed by Jovito R. Salonga (President of the Senate) and Ramon V. Mitra (Speaker of the House of Representatives).

Republic Act No. 9163: National Service Training Program (NSTP) Act of 2001

Constitutional Mandates and Declaration of Policy

• Underlying Mandates:

  • Section 4, Article II of the 1987 Constitution

  • National Defense Act (Commonwealth Act No. 1)

  • National Service Law (Pres. Decree No. 1706)

• Policy Declarations (Section 2):

  • Prime duty of government to serve and protect citizens.

  • Responsibility of all citizens to defend state security; government may require personal, military, or civil service.

  • Promotes civic consciousness, physical, moral, spiritual, intellectual, and social well-being among youth.

NSTP Components and Definitions

• National Service Training Program (NSTP) (Section 3a): Program aimed at enhancing civic consciousness and defense preparedness in youth.

• Reserve Officers' Training Corps (ROTC) (Section 3b): Program institutionalized under Sections 38 and 39 of RA 7077 designed to provide military training to tertiary level students for national defense preparedness.

• Literacy Training Service (LTS) (Section 3c): Program designed to train students to become teachers of literacy and numeracy skills to school children, out-of-school youth, and other needy segments of society.

• Civic Welfare Training Service (CWTS) (Section 3d): Programs/activities contributory to general welfare and betterment of life (health, education, environment, entrepreneurship, safety, recreation, morals).

Program Establishment, Coverage, and Execution

• Establishment & Coverage (Sections 4–5):

  • Formed as part of curricula for all baccalaureate degree courses and at least $2$-year technical-vocational courses; mandatory requisite for graduation.

  • Applies to all male and female students in public and private educational institutions.

  • ROTC component made optional and voluntary.

• Duration and Course Units (Section 6):

  • Undertaken for an academic period of $2$ semesters.

  • A $1$-summer program may be designed in lieu of the $2$-semester program by DND, CHED, and TESDA.

• Institutional Offerings and Clustering (Section 7):

  • All HEIs and tech-voc institutions must offer at least $1$ component.

  • State Universities and Colleges (SUCs) MUST offer ROTC and at least $1$ other component.

  • Private HEIs/tech-voc institutions may offer ROTC if they have at least $350$ cadet students.

  • Clustering of affected students from different schools allowed. Cross-enrollment allowed for students where home school does not offer chosen component.

• Fees, Insurance, and Scholarships (Sections 8–9):

  • No fees allowed except basic tuition (capped at max $50\%$ of current unit rate).

  • Group health and accident insurance required for all enrolled students.

  • Special Scholarship Program created for qualified NSTP students, funded under regular CHED and TESDA annual appropriations.

• National Service Reserve Corps (NSRC) (Section 11):

  • Created to integrate graduates of Non-ROTC components (LTS and CWTS).

  • Tapped for literacy and civic welfare activities through joint DND, CHED, and TESDA efforts.

  • ROTC graduates form part of the Citizen Armed Force under RA 7077.

• Transitory and Amendatory Provisions (Sections 13–16):

  • Non-completers of Basic ROTC allowed to shift to LTS or CWTS; completed basic ROTC units credited.

  • Completion of ROTC waived as graduation requirement for students who completed all academic units prior to Act effectivity but were held from graduating.

  • Amends Section 35 of Commonwealth Act No. 1, Executive Order No. 207 (1939), Sections 2 & 3 of PD 1706, and Sections 38 & 39 of RA 7077.

• Act Approval & Signatories (Section 17):

  • Passed by House (H.B. No. 3593) and Senate (S.B. No. 1824) on December 19, 2001.

  • Approved on January 23, 2002 by President Gloria Macapagal-Arroyo.

  • Implementation commenced in School Year 2002–2003.

  • Signatories: Franklin M. Drilon (President of the Senate), Jose De Venecia Jr. (Speaker of the House), Oscar G. Yabes (Secretary of the Senate), Roberto P. Nazareno (Secretary General of the House).

Utilization and Benefits of AFP Reservists

Authority Framework for Utilization

• CSAFP Command Guideline dated 07 Jan 04

• Letter Directive from CSAFP dated 11 Mar 03 (Subject: Utilization of Reservists)

• Letter Directive from J10 dated 12 Feb 2004 (Subject: Utilization of AFP Reservist in Civil Military Operations)

Four Pillars of Civil Military Operations (CMO) Utilization

1. Community Relations:

   • Cause-Oriented Activities: Cleanliness / Beautification Projects, Anti-Drug Abuse, Anti-Illegal Activities

   • Environmental Concerns / Tree Planting

   • Youth Sports Development

   • Deputation to Election Duties

2. Military Civic Action:

   • Medical and Dental Civic Action Program (MEDCAP)

   • Transportation / Communication Assistance

   • Assisting Management / Control of Evacuees / Displaced Persons

3. Public Information:

   • Press Releases (TV, Radio, Print)

   • Community Dialogues

   • Symposiums and Seminars

4. Psychological Operations:

   • Information Gathering

   • Input to Special Operations Team (SOT)

   • Counter Organization

Benefits of Reservists (While on Active Duty Training - ADT)

• Subsistence Allowance

• Combat Clothing & Individual Equipment

• Free Medical & Dental Treatment

• Burial Expenses

• Accident Insurance