Wednesday, January 6, 2010

Philippine Laws Related to the Reserve Force

The National Defense Act of 1935, otherwise known as Commonwealth Act Number 1, provided the first legal basis for the organization of the Reserve Force. It laid down the foundation of the total force concept through the conscription of all able bodied citizens, and the national mobilization of the reserve force.

Presidential Decree 1706, meanwhile, paved the way for the promulgation of the National Service Law of 1980 which required all citizens to render civil or military service. Amending certain provisions of CA Number 1, the law widened and diversified the service required of every citizen to include civil welfare and law enforcement service programs. These programs were designed to promote and enhance the country’s cultural, economic, social, and political development, as well as national security and welfare.

Republic Act 7077, also known as the Citizen Armed Forces Act of 1991, provided for the development, administration, organization, training, maintenance, and utilization of the Citizen Armed Force by the AFP. It called for the maintenance of a standing regular force, in consonance with the actual peacetime needs of the state, but may be expanded by the Citizen Armed Force in the event of war, invasion or rebellion. The reservists or citizen soldiers can be called upon to assist in relief and rescue during disasters or calamities and, likewise, assist in socio-economic development as well as in the operation and maintenance of essential government or private utilities in the furtherance of the overall mission of the AFP.

Republic Act 7898, also known as the AFP Modernization Act promulgated on 23 February 1995, provided for the modernization of the AFP to acquire a credible defense capability attuned with the international situation and the needs of the nation. One of the major components of the law is the development of the Reserve Force relevant to the provisions of RA 7077. This required the organization and maintenance of a reserve force to perform not only in peacetime but also for wartime tasks as integral parts of the regular forces.

Title VII of Executive Order Nr 292, also known as the Administrative Code of 1987, stipulated that the “prime duty of the government is to serve and protect the people”. It is for this reason that 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 or civil service.”

AFP Circular Number 30, a Circular published in 1987 set the procurement and appointment of reservists, relatively patterned with the procedures and requirements of the regular force. Section 4 of the Circular defines the sources of reserve officers according to academic qualifications, and divided into eight groups. Of these groups, Group V specifically includes those potential officers who are degree holders requiring four or more years of study, those in the technical fields and those in the medical profession. The procurement, appointment, administration, organization and other pertinent processes concerning the Citizen Armed Force constitute the reservist System.

AFP GHQ Circular Number 11 established the policies and procedures pertaining to the active duty training (ADT) of inactive reservists. The ADT is a call to active duty of inactive reservist officers or enlisted reservists not exceeding thirty (30) days during a particular year. ADT is aimed to update the working knowledge of inactive reservists in the current military organization and on the latest military doctrines and techniques in order to maintain a desirable state of training. It also aims to qualify inactive reservists for promotion in the next higher rank and in order to satisfy the requirements as to the number of trained inactive reserve officers and enlisted reservists in various grades and ranks consistent with the peacetime procurement objectives of the Reserve Force. Technical service officers to include doctors, nurses, dentists, chaplains, lawyers, veterinarians, and other reservists who possess special capabilities and expertise may be utilized to conduct civil military operations and rural development activities for the purpose of ADT. They can likewise render services in a military office, unit or court in pursuit of their professional specialization.

3 comments:

Lenlen said...

sir can you please help us sa naging situation namin as filler officer ng navy... please sir kayo lang po makakatulong sa amin sir thank u

Lenlen said...

pati ang cad namin hindi namin alam kung bakit kami lang ang ginanito ng navy, sir nag appeal na po ako kay foic hindi pa nila inaactionan gusto ko ipadala sa dnd ang appeal ko baka naman pag initan ako ng navy sir

Chester Cabalza said...

Hi Lenlen, it seems that the case you are referring with is administrative in nature. Pag administrative cases kasi walang jurisdiction ang civil courts dyan. It will be the agency/organization concerned that will address it. Depended rin yan sa kaso. Pero if may there are threats and physical injuries sa inyo pwede nyo kasuhan ng criminal and civil cases sa korte.