Eighth Congress
REPUBLIC ACT No. 7077 June 27, 1991
AN ACT PROVIDING FOR THE DEVELOPMENT, ADMINISTRATION, ORGANIZATION, TRAINING, MAINTENANCE AND UTILIZATION OF THE CITIZEN ARMED FORCES OF THE ARMED FORCES OF THE PHILIPPINES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I TITLE
Section 1
Title.* – This Act shall be known as the "*Citizen Armed Forces of the Philippines Reservist Act.*"
ARTICLE II DECLARATION OF POLICY
Section 2
The Regular Force.* – It is the policy of the State to 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 the well-disciplined Citizen Forces in the event of war, invasion or rebellion.
Section 3
The Security and Socioeconomic Development of the State.* – The Citizen Armed Force shall be provided maximum opportunity to participate in safeguarding the security of the State and in assisting in socioeconomic development.
Section 4
The Call to Personal Military and Civil Service.* – The Citizen Armed Force shall be so organized, trained, developed and maintained as to ensure their readiness to immediately respond to the call to service.
Section 5
The Public Awareness.* – The State shall promote and develop public support to and awareness of the important role of the Citizen Armed Force as protector of the people and the State.
Section 6
The Manpower of the Citizen Armed Force.* – The manpower objective of the Citizen Armed Force shall conform to projected and actual needs. It is not envisioned by the State to have a nation under arms, unless extremely necessary.
ARTICLE III MISSION AND ORGANIZATION OF THE CITIZEN ARMED FORCE
Section 7
Mission.* – 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 disaster or calamities; to assist in socioeconomic development; and to assist in the operation and maintenance of essential government or private utilities in the furtherance of overall mission.
Section 8
Organization.* – The Reserve Force shall be organized into five (5) components, namely:
Section 10
Affiliated Reserves.* – As the President shall approved upon recommendation of the Secretary of National Defense, certain private and government entities, corporations, establishments and organizations at the national, provincial and municipal levels which provide essential public services such as water, light, transportation and communications which are necessary to support the prosecution of national defense plans or to meet an emergency shall be organized as affiliated units of the Reserve Force. These affiliated units shall be constituted by appropriate orders to be issued by the Secretary of National Defense, given unit designations and assigned to the appropriate reserve components of the Armed Forces of the Philippines (AFP). The roster of the officials and employees of these affiliated units shall be included in the orders of constituting the units. These units shall be so utilized in times of war or emergency to ensure the continuous and uninterrupted provision of the essential services they are rendering.
ARTICLE IV DEFINITION OF CITIZEN SOLDIERS
Section 11
Citizen Soldiers.* – The citizen soldiers, alternately reserved 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:
Section 12
Categorization of Citizen Soldiers.* – There shall be three (3) categories of citizen soldiers of AFP reservists: the First Category Reserve, the Second Category Reserve, and the Third Category Reserve based on age.
Any reservist or citizen soldiers belonging to the Second Category Reserve and/or the Third Category Reserve, particularly the commissioned and noncommissioned officers, who will volunteer to serve with the Ready Reserve shall be allowed, if qualified and fit for duty, to join and actively participate as part of the Ready Reserve and shall serve with an appropriate Ready Reserve unit.
Furthermore, members of the AFP Affiliated Reserved units of various government and private utilities and services considered essential for the preservation of the economic stability of the country or particular locality, such as power and electricity, water supply, transportation and communications, among others, regardless of their categorization shall be classified as Ready Reserve.
All citizens soldiers belonging to the First Category Reserve, except those exempted under this Act, shall be required to serve with Ready Reserve units and will have assignments and promotions in accordance with existing policies of the AFP until transferred to the Standby Reserve by virtue of their age.
The following citizen soldiers may be exempted from rendering service with said reserve units:
ARTICLE VI MANPOWER DEVELOPMENT
Section 14
Compulsory Military Registration and Training.* – All male citizens between the ages of eighteen (18) and twenty-five (25) years who are not reservists shall be required to register for military instruction. Registration shall take place in suitable registration places to be prescribed by the city or municipal government between the dates of April First and Seventh commencing one (1) year after the effectivity of this Act. Biennial registrations shall be held during the same period in succeeding years.
Section 15
Exemption from Compulsory Military Training.* – The following are exempted from military training:
Section 17
Persons Disqualified or Exempted from Registration.* – The following persons are disqualified by law from employment in government service:
Section 19
Board of Canvassers.* – There is hereby created a board of canvassers, one (1) for each province and chartered city, for the purpose of selecting the registrants who will undergo compulsory military training as provided for in Section 18 hereof. The board shall be composed of the following:
Section 21
Acceptance of Registrants Volunteering for Military Training.* – Registrants who are not selected for compulsory military training but who volunteer for such training may be accepted and allowed to undergo military training: provided, that said volunteers shall physically qualify for fitness after examination for training and shall be made to execute a written statement that they volunteered for training at their own will.
Section 22
Registration of Citizens Residing or Working Abroad.* – Filipino citizens residing or working abroad, when they become liable to register for reservists' training under this Act, shall register with the nearest diplomatic or consular office of the Republic of the Philippines which shall transmit the registrants' data to the Secretary of National Defense.
Section 23
Notice to Selected Registrants.* – The board of canvassers shall cause the immediate and adequate publication of the names of the registrants who have been selected in accordance with Section 18 hereof and at once notify the registrants concerned to report to the acceptance board of the city or municipality where they reside. The board of canvassers shall furnish each acceptance board with the list of the registrants whose names were drawn.
Section 24
Acceptance Board.* – There is hereby created an acceptance board in each municipality and chartered city which shall examine and classify registrants whose names have been referred to it by the board of canvassers and pass upon the registrants' fitness for training and application for deferment, if any. The decision of the board shall be by majority vote. The Secretary of National Defense shall prescribe the procedure for the operation of the acceptance board.
Section 25
Composition of the Acceptance Board.* – The board shall be composed as follows:
Section 29
Expenses of the Acceptance Board.* – The expenses incident to the operation of the acceptance board shall be borne by the Department of National Defense which shall include the funds thereforee in its annual appropriations. The nature and amount of such expenses shall be prescribed by the Secretary of National Defense. The members of the acceptance board shall not receive any salary or compensation for their services in the board. They shall be entitled to receive allowances as the Secretary of National Defense shall prescribed.
Section 30
Final Acceptance by the Board.* – The registrants who shall have been finally qualified and selected by the acceptance board shall be reported to the Secretary of National Defense. Those selected shall upon instruction report to the designated military camp of unit for training.
Section 31
Procurement of Reservist Officers and Noncommissioned Officers for Affiliated Reserve Units.* – Key officers and employees of government of private entities, corporations, establishment and organizations which have affiliated units shall be encouraged to undergo military training to qualify them as reserve officers or noncommissioned officers. As such, they shall be assigned to key positions in the affiliated units where they are employed and called to active service with these units once they are activated.
Section 32
Security of Tenure in Government or Private Employment While on Military Training.* – An employee in the Government including one in a government-owned or controlled corporation or private employment with monthly operating volume of not less then Three hundred thousand pesos (P300,000.00) and not less than twenty (20) employees who undergoes military training shall not be separated or terminated from such employment, shall not be considered as having forfeited his seniority status, if any, and shall continue to receive the salary he was receiving prior to his call to military training. In the case of private employment, payment of basic salary during such military training. In the case of private employment, payment of basic salary during such military training shall be in accordance with existing laws or with his company's policies on its employees on leave from his employment. Upon termination of his military training, he shall resume his former position or, if not practicable, he shall be assigned to a new position without diminution of his pay discharged from such training or service; otherwise, his record of dishonorable discharge from military training or service shall be taken into account as to whether or not he should be reinstated to his former employment.
Section 33
Draftee Training and Service.* – As may be ordered by the President, male citizen between the ages of eighteen (18) and thirty-five (35) shall be called to training and active service for a period not to exceed twenty-four (24) months, broken down into training period of not more than six (6) months and an active service period of not more than eighteen (18) months. Registrants will be selected for draftee training and service in accordance with Sections 14 to 26 hereof. A draftee may volunteer and be accepted for an extension of active service of not more than twelve (12) consecutive months, after which his services as draftee shall be terminated. A draftee during the period of his active duty service to include the extension of such service is entitled to receive all the pay and allowances due his grade as received by any member of the regular force: provided, that, upon termination of his draftee service, he shall receive a separation gratuity of not less than one (1) month salary for every year of his service to include the period of six (6) months shall be considered a complete year for purposes of this gratuity
Section 34
Retention for Maximum Hospitalization.* – A reservist/draftee who is injured or contracts a disease or sickness while undergoing training and service, not due to his intentional misconduct, willful failure or neglect, or vicious or immoral habits, shall be retained beyond the period of his reservist/draftee service with his consent for the necessary hospitalization and medical care until such time that he recovers, or is determined that further hospitalization will not improve his condition. During the period of hospitalization, he shall be entitled to subsistence allowances and hospitalization benefits as are available to the members of the regular force who are patients armed forces hospitals.
ARTICLE VII CITIZEN MILITARY TRAINING
Section 35
Basic Citizen Military Training.* – Registrants finally selected for military training pursuant to Section 30 shall undergo a basic military training for a period of not more than six (6) months. The Secretary of National Defense shall prescribe the course of instruction.
The course of instruction shall include, among others, subject on moral virtues, patriotism, discipline, support for and adherence to the Constitution, and respect for the right of civilians.
Section 36
Citizen Military Training.* – There shall be established in every province at least one (1) training center for the conduct of citizen military and reservist training with a minimum training capacity of one (1) infantry rifle company at a time. These training centers shall form part of the reserve component organization of the major services and shall be referred to as citizen military training centers.
Section 37
Incorporation into Training.* – Upon reporting to their assigned training centers, the selected registrants shall be physically examined and if found fit for the service shall be inducted into service. Where a change of training center is necessary to provide the requisite training, the commanding officer of the training center shall be authorized to issue the necessary orders covering his transportation and provide the funds for the purpose: provided, that no registrant shall be transferred to a training center outside his province or designated training center except in the case of Philippine Navy and Philippine Air Force registrants if there are no air or naval training centers thereat.
Section 38
Reserve Officers' Training Corps (ROTC).* – Military training for students enrolled in colleges, universities and similar institutions of learning is mandatory pursuant to the provisions of the National Defense Act and the 1987 Constitution.
Section 39
Establishment of ROTC Units in Schools.* – At such 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 (2) academic years in the case of enlisted reservists, and 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 ROTC training, which is mandatory, shall hereafter be referred to as basic ROTC while the second (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 majors services of the AFP shall conform to the projected manpower needs of their respective reserve components.
Section 40
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 student volunteering for reserve officers' training, they shall further be subject to competition examination in order to select the best material. The students undergoing advance ROTC shall be referred to as advance ROTC cadets.
Section 41
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.
Section 42
Funds for Maintenance and Operation of school ROTC Units.* – 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. The advance ROTC cadets shall each be provided free two (2) suits of fatigue uniform with headgear, belt and one (1) pair of combat boots for the duration of the training. However, those taking the basic ROTC are required to pay a reasonable ROTC fee, the amount to determined by the Secretary of National Defense in coordination with the school official concerned.
Section 43
Scholarship Incentive for Advance ROTC Training.* – Students undergoing advance ROTC who belong to the upper five percent (5%) of their academic class shall be provided a tuition subsidy of fifty percent (50%) of their annual tuition for the period of their advance ROTC. the funds for this purpose shall be carried in the annual appropriations of the AFP. The Chief of Staff, AFP shall promulgated the guidelines for the implementation of this provision.
ARTICLE VIII INCORPORATION INTO RESERVED FORCE
Section 44
Elected Officials and Presidential Appointees.* – Elected official appointees may be commissioned in the Reserve Force subject to the existing AFP rules and regulations.
Section 45
Award of Ranks and Assignments to Reserve Units of Graduates of ROTC.* – 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 ranks 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 after their successful completion of advance ROTC.
Section 46
Disposition of Graduates of Advance ROTC.* – Those who successfully completed the advance ROTC course shall be recommended for commission in the reserve as second lieutenants and assigned to the reserve units and mobilization centers in their provinces. Those with manifest potential may be commissioned in the regular force as second lieutenants subject of 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.
Section 47
Notification of reserve assignment.* – The reservists shall be notified in writing of his assignment to a reserve unit and a mobilization center. He shall be made to acknowledge receipt in writing of such notification.
Section 48
Reservists Registry.* – The Armed Forces of the Philippines shall provide all city/municipal treasurers of chartered cities and municipalities of the list of those who have successfully completed military training, indicating therein, among others, the rank, serial number, reserve unit assignment and mobilization center. It shall be the duty of the local civil registrar to maintain and update the reservists registry.
ARTICLE IX MAINTENANCE, TRAINING AND ADMINISTRATION OF RESERVE FORCE
Section 49
Accounting of Reservists.* – All reservists, particularly those belonging to the Ready and Standby Reserves, shall be accounted for, their records and status updated and present whereabouts ascertained in order to ensure their readiness to the call to duty. As far as practicable, the services of the national and local reservists and veterans organizations will be tapped to assist in the accounting of reservists.
Section 50
Organization for Maintenance and Administration of the Reserve Force.* – The major services shall be responsible for the administration, training, equipage and maintenance of their respective reserve components subject to the regulations to be prescribed by the Secretary of National Defense. In the General Headquarters, AFP and in each Major Service Headquarters, there shall be a staff division of the level of the principal coordinating staff which shall be dedicated to planning and policy formulation for the administration, development, organization, training, equipage, maintenance and utilization of their respective Reserve Force component. The Chief of Staff, AFP shall create an AFP Reserve Command within one (1) year from the effectivity of this Act. In the case of the major services, there shall further be a separate unit dedicated to the implementation of such plans and policies. In staffing the command structure of these units, preference shall be given to qualified reserve officers in the active service and integrates.
Section 51
Training of Individual Reservists and Reserve Units.* – Maximum opportunity shall be afforded the reservists to update their skills through compulsory or voluntary training. Such training shall have for its principal purpose the enhancement of the readiness of the individual reservists and reserve units to respond to the call to service. To this end, there shall be two (2) types of training:
Section 53
Active Duty Tour for Training of Reserve Officers.* – In order to improve their professional competence and leadership qualities reserve officers in the inactive status shall be called active duty for a period not exceeding two (2) years without extension: provided, that the quota for such active duty shall as far as practicable be proportionately distributed to the provinces and cities based on their reserve units, with priority to units of Ready Reserve I: provided, further, that ;the reserve officers called to active duty shall as far as practicable serve in the province of their reserve unit assignment. A reserve officer who has served his tour shall not be called again to active duty until after five (5) years, except in case of mobilization.
Section 54
Classification and Maintenance of Readiness of Reserve Units.* – Units which are composed of reservists of the Ready Reserve shall be classified as to degree of readiness to respond the call to the service, as follows:
Section 55
Mobilization Stock.* – The minimum essential individual and organizational equipment and supplies shall be procured, stored and maintained for selected Ready Reserve units to enhance rapid transition to readiness required for employment in the shortest possible time.
Section 56
Training as Requisite for Promotion.* – Successful completion of training pursuant to Sections 51 and 52 hereof shall be a requisite for promotion in rank in the inactive status.
Section 57
Classification of Reserve Officers in the Inactive Status.* – There shall be only one (1) classification of reserve officers in the inactive status regardless of their source or nature of commission. Likewise, There shall be only one (1) seniority and lineal list for all reservist officers in the inactive status regardless of their source of commission, subject to the rules and regulations to be prescribed by the Secretary of National Defense.
Section 58
Status of Reservist on Training.* – Reservist on compulsory training shall be subject to military law. They shall not receive pay but shall be entitled to allowances and burial benefits as provided by law. Reservists on voluntary training are also subject to military law but shall be entitled to allowances.
ARTICLE X UTILIZATION OF THE RESERVE FORCE
Section 59
Mobilization.* – The utilization of the Reserve Force in times of emergency to meet threats to national security shall be through mobilization:
Section 61
Mobilization Centers.* – There shall be established in each province as many mobilization centers as needs corresponding to the number and distribution of reservists in the province to which reservists will report when mobilization is ordered. The citizen military training center in the provinces established under this Act may also be used as mobilization centers. The location of these centers shall be given the widest public information by the local executives.
Section 62
Demobilization.* – When the threat or emergency for which demobilization had been ordered has passed, the President shall order the demobilization of the reserve units activated and the reservists of such deactivated units shall be reverted to inactive status.
Section 63
Auxiliary Service.* – For the purpose of helping maintain local peace and order, meeting local insurgency threat, assisting in rescue and relief operations during disasters and calamities, health welfare activities and participating in local socioeconomic development projects, the President may call upon the reservists in the affected or concerned localities to volunteer their services. Such volunteer services shall be referred to as auxiliary service and shall be two (2) types:
Section 64
Status of Reservists on Auxiliary Service.* – A reservist performing auxiliary service shall not receive payment but shall be entitled to receive allowances and burial benefits as provided by law. With this consent, a reservist may continue to render such services without receiving the allowances due him. A reservist serving military auxiliary services is subject to military law; whereas, a reservist serving civil auxiliary service is not.
Section 65
Women Reservists.* – Women shall have the right and duty to serve in AFP. The relevant standards for admission, training and commissioning of women shall be the same as those required for men, except for those essential adjustment in such standards required because of physiological differences between men and women.
ARTICLE XI FUNDING
Section 66
Funding.* – All funds previously appropriated for the administration, development and training of the reserve component of the AFP and which will subsequently and hereafter be appropriated for the purpose shall be used exclusively for the purpose shall be used exclusively for the purpose of implementing the provisions of this Act.
To sustain the efficient and effective administration, organization, training, maintenance and utilization of Ready Reserve units and keep them appropriately and adequately equipped an in a state of readiness, as well as provide for the adequate training of citizen soldiers or reservists, adequate funds for this purpose, as may be requested or recommended by the AFP, shall be appropriated and made available on a continuing basis.
The President shall utilize a portion of the Military Assistance Fund available from any source to augment the appropriation for the Reserve Force.
ARTICLE XII TRANSITORY PROVISIONS
Section 67
Retention of ROTC Units in Colleges and Universities.* – ROTC units in college and universities shall continue with ROTC training in accordance with this Act.
ARTICLE XIII PENALTIES
Section 68
Penalties.* – Failure of reservists to respond to the call to compulsory training or service shall be punishable in accordance with the Articles of War, and those convicted by a court martial shall be liable for imprisonment of not less than two (2) months to not more than twelve (12) months. Citizen who fail to register for compulsory military training or who after having selected to undergo such training or who after having selected to undergo such training and had been notified thereof fail to report for training shall, upon conviction by the civil court, be punishable and liable for imprisonment of not less than one (1) month to not more than three (3) months.
Section 69
Failure to Provide Updated List of Registrants.* – Failure of registrars and canvassers to provide an updated listing of registrants under their responsibility shall, upon conviction by civil court, be punishable and liable for imprisonment of not less than one (1) month to not more than three (3) months under Sections 16 and 19 of this Act.
ARTICLE XIV RESCISSION AND EFFECTIVITY
Section 70
Repealing Clause.* – All laws, decrees, executive orders, rules and regulations which are inconsistent or in conflict with any provision of this Act are hereby repealed or amended.
Section 71
Effectivity Clause.* – This Act shall take effect upon its approval.
Approved: June 27, 1991.
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.