REPUBLIC OF THE PHILIPPINES

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 2399

Introduced by Kabataan Party-list Representative Sarah Jane I. Elago

EXPLANATORY NOTE

The objective of this bill is to abolish the Reserve Officers Training Corps
(ROTC) in universities and colleges, both public and private, while at the same
time provide more engaging social and civic service programs that will uplift the
Filipino students sense of nationalism and duty under the National Service
Training Program (NSTP).

From Mandatory ROTC to NSTP

The ROTC was established pursuant to RA 7077 for the purpose of

providing a strong civilian base for the expansion of the Armed Forces of the
Philippines (AFP) in the event of war, invasion and rebellion. The program made
it compulsory for male students in colleges and universities to undergo two (2)
years of military training.

Years after its implementation, ROTC was proven irrelevant in fostering

discipline, social responsibility, and patriotism in the youth. It became a hotbed
for abuses including corruption, bribery, extortion, collection of unauthorized
and excessive fees, and physical and verbal violence. It became nothing but a
burden to students.

In 2001, the brutal murder of University of Santo Tomas student Mark

Welson Chua became a catalyst for a broad movement to abolish the ROTC
program in schools. Chua's death was linked to his exposition of the corruption
in the UST Corps. The clamor to remove the ROTC program in tertiary schools
resulted in the creation of the NSTP by virtue of Republic Act 9163 promulgated
on 23 January 2002. The NSTP offered civilian programs for men and women
alongside ROTC which in turn was made optional.

The public clamor to totally abolish the ROTC grew anew amidst new
reports of hazing and violence. Last July 14, 2016, several ROTC cadets were
reportedly involved in a hazing incident at the University of Mindanao-Tagum. In
a viral video circulating on social media, several students were seen being
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physically abused one student was continually hit hard on the chest, while
another was hit in the stomach by their seniors in the Corps. It is believed that
the incident is part of the initiation rites of new cadets. The university is said to
be currently investigating the matter.

Later developments have revealed the Duterte administrations attempt to

reinstate mandatory ROTC, to supposedly instill love of country and good
citizenship. The proposal, however, is bereft of the historical opposition of the
youth and student sector against ROTC. As such, Kabataan Party-list forwards
the opposite and seeks to completely remove ROTC from the NSTP.

Military must keep out of campuses

ROTC aims to provide military training to students for national defense

under the tutelage of the Department of National Defense and taught by soldiers.
Mandatory ROTC advocates cite the impasse in the West Philippine Sea as
justification for the program's reinstatement in colleges and universities. While
the Philippine Constitution asserts that the people are duty-bound to defend the
State, providing military training, institutional or material support, should not
be the responsibility of civilian educational institutions. Using campuses for
military training and, for some campuses the provision of a barracks, is
inconsistent with Rules 22-24 of the International Humanitarian Law and other
treaties which restrict the use of schools for military purposes. It is also
inconsistent with Republic Act 7610 or the Special Protection of Children Against
Abuse, Exploitation and Discrimination Act which states public infrastructure
such as schools, hospitals, and rural health units shall not be utilized for military
purposes such as command posts, barracks, detachments, and supply depots.

The military culture propagated by the ROTC is inconsistent with academic

freedom. Schools are places for opening minds to new ideas, critical and
independent thinking. The school is a venue for interaction among people of
different background, status, beliefs, and the exchange of ideas. Military training
imposes strict obedience to authority and hierarchy; it prescribes that critical
thinking must be subordinate to the chain of command. Allowing military
training within the campus imposes the military worldview in institutions where
students are required to be intellectually engaged and politically diverse.

The ROTC fosters a militarist culture detrimental to the development of the

youth. It perpetrates corruption and political patronage, sexism and machismo,
the culture of violence and human rights violation, and ideological bigotry.

Students experience their first exposure to corrupt practices under the

ROTC where physical comforts and passing grades are given in exchange for
cash and other favors (i.e. bottles of alcohol, reams of cigarettes, car rides etc.)

Under the mandatory ROTC, reports of physical and psychological abuse

had been far too common. Officers humiliate, brutalize, and even maim cadets in
the guise of training is nothing short of the violation of basic human rights.

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These violent practices are deeply ingrained and identified with the ROTC and
the military that up until now, it is still justifiable to fear for the welfare of present
and future ROTC students.

Likewise, the Armed Forces of the Philippines (AFP) uses the ROTC
program as an extension of their counter-insurgency campaign through its red-
baiting campaign against progressive student groups. In many ROTC lectures,
soldier-instructors tagged student activist groups as affiliated with the New
People's Army, thereby justifying state-sanctioned acts of terror against
dissenters. It has also been reported that AFP uses the program to establish the
Student Intelligence Network (SIN) to monitor organizations, fraternities, student
councils and school publications critical of government policies. It has been
documented that ROTC Cadets were required to draw up a list of students
involved in political activities and create dossiers that may include contact
details, class schedules, and home addresses. This creates an atmosphere of fear
among students to participate in legitimate activities that are critical of the
government. It is worth noting that there are many documented cases of human
rights violations perpetrated against student leaders that have been linked to the
military.

The ROTC is a bastion of machismo and sexism in campuses. Homophobic

slurs and physical abuse to 'induce manliness' are common in training sessions.
Up until now, there are reports that openly gay students enrolled in ROTC are
deliberately being ostracized by being given menial tasks such as serving snacks
or cheering for other cadets. Some conservative sections of society even promote
mandatory ROTC as a cure for being gay.

Advocates of the ROTC equate the bearing of arms and marching under
the heat and being shouted at to nationalism, patriotism, and discipline. This
imposition of unnecessary and arguably undeserved reverence for the military
culture is disturbing and potentially dangerous, especially in institutions of
learning where the civilian rule is supreme.

Internationally, military conscription and ROTC are associated with

military allies of the United States of America. Ironically, ROTC is not required in
school and campuses in the US and have been shunned by many leading
American colleges and universities including Ivy League schools due to the broad
anti-war and anti-violence stance of educational institutions.

The Need for Greater Youth Participation in Socio-Civic Affairs

What we need as a nation today is not an army of young men and women
trained in the ways of the military but an army of volunteers and advocates ready
to serve and uphold the needs of their communities and the nation as a whole.
In the present state of affairs, the youth needs to defend the nation first and
foremost from threats of illiteracy, political and social apathy, and the
perpetuation of social inequities that continue to obstruct genuine national
progress.
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 There is indeed a need for educational institutions to fulfill their
constitutional mandate to inculcate patriotism and nationalism, foster love of
humanity, respect for human rights, appreciation of the role of national heroes
in the historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral character and
personal discipline, encourage critical and creative thinking, broaden scientific
and technological knowledge, and promote vocational efficiency, as stated in
Article XIV Section 3(2) of the 1987 Constitution.

In this light, Congress must mandate colleges and universities to have

programs that raise the students socio-political consciousness, and enable them
to actively participate in the urgent task of understanding and addressing the
basic ills of society. This bill also seeks to provide a wide array of programs under
NSTP which enable students to render services in a more varied manner and
increase the potential of students of finding their lifetime advocacy in the process.
In providing more avenues for civic service, the government can truly foster
among the youth patriotism, nationalism and selfless service to others as
enshrined in the Constitution.

In light of the foregoing, the passage of this bill is earnestly sought.

HON. SARAH JANE I. ELAGO

Representative, Kabataan Party-list

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 REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 2399

Introduced by Kabataan Party-list Representative Sarah Jane I. Elago

AN ACT
ABOLISHING THE RESERVE OFFICERS TRAINING CORPS AND ESTABLISHING
ADDITIONAL SOCIAL AND CIVIC SERVICE PROGRAMS AVAILABLE TO STUDENTS BY
AMENDING REPUBLIC ACT 9163 OR THE NATIONAL SERVICE TRAINING PROGRAM
(NSTP) ACT OF 2001

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
Assembled:

1 SECTION 1. Short Title. This act shall be known as the ROTC Abolition Act of
2 2016.

3 SECTION 2. Abolition of the Reserve Officers Training Corps (ROTC). The Reserve
4 Officers Training Corps created pursuant to Republic Act No. 7077 is hereby abolished.

5 SECTION 3. Section 2 of Republic Act No. 9163 is hereby amended to read as follows:

6 "Section 2. Declaration of Policy. - [Recognizing the youths virtual role in nation

7 building, then state shall promote civic consciousness among the youth and shall
8 develop their physical moral, spiritual intellectual and social well-being.]

9 It shall inculcate to the youth patriotism, nationalism and advance their involvement
10 in public and civic affairs. In pursuit of this goal the youth, the most valuable
11 resource of the national shall motivate trained organized and mobilized in military
12 training, literacy civic welfare and other similar endeavors in the service of the
13 nation."

14 SECTION 4. Section 3 of Republic Act No. 9163 is hereby amended to read as follows:

15 "Section 3. Definition of Terms. - For purposes of this Act, the following are hereby
16 defined as follows:

5
 1 (a)"National Service Training Program (NSTP)" is a CIVILIAN program aimed at
2 enhancing civic AND SOCIAL consciousness [and defense] AND DISASTER
3 preparedness in the youth by developing the ethics of service and patriotism while
4 undergoing training in any of its program components. Its various components are
5 specially designed to enhance the youth's active contribution to the general welfare;

6 (b) [Reserve Officer Training Corps (ROTC) is program institutionalized under

7 Section 38 and 39 of RA No. 7077 designed to provide military training to tertiary
8 level students in order to motivate, train, organized and mobilize them for national
9 defense preparedness.]COMPREHENSIVE COMMUNITY SERVICE PROGRAM IS A
10 CIVILIAN PROGRAM DESIGNED TO TRAIN STUDENTS IN BASIC SERVICES IN A
11 SPECIFIC COMMUNITY WHICH MAY INCLUDE PLANNED AND SYSTEMATIC TREE
12 PLANTING, STREET CLEANING, WASTE SEGREGATION, TRAFFIC MANAGEMENT,
13 AND OTHER RELATED ACTIVITIES;

14 (c) Literacy Training Service is a CIVILIAN program designed to train students TO

15 CONDUCT LITERACY TRAINING, LIVELIHOOD TRAINING AND OTHER SIMILAR
16 TRAINING WITH THE BASIC SECTORS, ESPECIALLY THE URBANPOOR,
17 WORKERS, FARMERS, INDIGENOUS PEOPLE, FISHER FOLK, WOMENAND
18 CHILDREN;

19 (d) COMMUNITY-BASED HEALTH AND NUTRITION PROGRAM IS A CIVILIAN

20 PROGRAM DESIGNED TO TRAIN STUDENTS IN HEALTH AND
21 NUTRITIONEDUCATION IN SPECIFIC COMMUNITIES;

22 (e) COMMUNITY IMMERSION PROGRAM IS A CIVILIAN PROGRAM DESIGNED TO

23 STRENGTHEN THE SOCIAL CONSCIOUSNESS OF STUDENTS THROUGH
24 EXPOSURE AND IMMERSION AMONG THE BASIC SECTORS, SUCH AS THERURAL
25 AND URBAN POOR COMMUNITIES, TRADE UNIONS, PEASANTS, FISHERFOLK,
26 INDIGENOUS PEOPLE, AMONG OTHERS;

27 (f) DISASTER PREPAREDNESS PROGRAM IS A CIVILIAN PROGRAM DESIGNED

28 TO TRAIN STUDENTS IN DISASTER PREVENTION AND PREPAREDNESS IN
29 THEEVENT OF FLOODS, EARTHQUAKES, FIRE AND OTHER NATURAL AND MAN-
30 MADE CALAMITIES, RESCUE AND RELIEF OPERATIONS, MEDICAL
31 ANDHUMANITARIAN MISSIONS, AND OTHER RELATED ACTIVITIES;

32 (g) ECOLOGICAL SERVICES PROGRAM IS A CIVILIAN PROGRAM DESIGNED TO

33 TRAIN STUDENTS IN ENVIRONMENTAL PROTECTION AND
34 AWARENESSACTIVITIES, AMONG OTHERS;

6
 1 (h) HUMAN RIGHTS EDUCATION AND ADVOCACY IS A CIVILIAN PROGRAM
2 DESIGNED TO TRAIN STUDENTS IN THE PROMOTION AND PROTECTION OF
3 HUMAN RIGHTS, INCLUDING INDIVIDUAL AND COLLECTIVE CIVIL, POLITICAL,
4 SOCIAL, ECONOMIC AND CULTURAL RIGHTS, DOCUMENTATION, FACT-FINDING
5 MISSIONS, AND OTHER RELATED ACTIVITIES;"

6 SECTION 5.Section 4 of Republic Act No. 9163 is hereby amended to read as follows:

7 "Section 4. Establishment of the National Service Training Program. There is hereby

8 established a National Service Training Program, which shall form part of the
9 curricula of all baccalaureate degree courses and of at least two (2)-year technical
10 vocational courses and is a requisite for graduation consisting of the following service
11 components:

12 (1)[The Reserve Officers Training Corps (ROTC) which is hereby made optional and
13 voluntary upon the effectivity of this Act] THE COMPREHENSIVE COMMUNITY
14 SERVICE PROGRAM

15 (2)The Literacy Training Service;

16 (3)THE COMMUNITY-BASED HEALTH AND NUTRITION PROGRAM

17 (4)THE COMMUNITY IMMERSION PROGRAM

18 (5)THE DISASTER PREPAREDNESS PROGRAM

19 (6)THE ECOLOGICAL SERVICES PROGRAM

20 (7)THE HUMAN RIGHTS EDUCATION AND ADVOCACY PROGRAM; AND

21 (8) OTHER SIMILAR PROGRAMS THAT THE SCHOOL, IN CONSULTATION WITH

22 THE SCHOOLS STUDENT COUNCILS AND STUDENT ORGANIZATIONS, AND WITH
23 THE APPROVAL OF THE COMMISSION ON HIGHER EDUCATION, MAY IMPLEMENT

24 [The ROTC under the NSTP shall instill patriotism, moral virtues, respect for rights
25 of civilians, and adherence to the Constitution, among others.] Citizenship AND
26 SOCIAL CONSCIOUSNESS training shall be given emphasis in ALL THE NSTP
27 PROGRAM COMPONENTS.

28 [The Commission on Higher Education (CHED) and Technical Education and Skills
29 Development Authority (TESDA), in consultation with the Department of National
30 Defense (DND), Philippine Association of State Universities and Colleges (PASUC),
31 Coordinating Council of Private Educational Associations of the Philippines
7
 1 (COCOPEA) and other concerned government agencies, may design and implement
2 such other program components as may be necessary in consonance with the
3 provisions of this Act.]

4 THE SCHOOL, IN CONSULTATION WITH THE SCHOOLS STUDENT COUNCILS,

5 STUDENT ORGANIZATIONS, AND OTHER CONCERNED GOVERNMENT
6 AGENCIES, WITH THE APPROVAL OF THE COMMISSION ON HIGHER EDUCATION
7 (CHED) AND TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY
8 (TESDA), MAY DESIGNAND IMPLEMENT SUCH OTHER PROGRAM COMPONENTS
9 AS MAY BE NECESSARY INCONSONANCE WITH THE PROVISIONS OF THIS ACT."

10 SECTION 6. Section 6 of Republic Act No. 9163 is hereby amended to read as follows:

11 "Section 6.x xx

12 In lieu of the two-semester program for any of the components of the NSTP a one (1)
13 summer program may be designed formulated and adopted by the [DND,] CHED and
14 TESDA."

15 SECTION 7. Section 7 of Republic Act No. 9163 is hereby amended to read as follows:

16 "Section 7. NSTP Offering in Higher and Technical Educational Institutions. All higher
17 and technical and vocational institutions, public and private, must offer at least TWO
18 of the program components[,provided that state universities and colleges shall offer
19 the ROTC components and at least one other component as education institution
20 may ROTC if they have at least three hundred and fifty (350) cadets students]
21 enumerated in this Act.

22 In offering the NSTP whether, during the semestral or summer periods, clustering of
23 affected students from different educational institutions may be done, taking into
24 account logistics, a branch of service and geographical considerations.

25 Schools that do not meet the required number of students to maintain [the optional
26 ROTC and] any of the NSTP components shall allow their students to cross-enroll to
27 other schools [irrespective of whether or not the NSTP components in said schools
28 are being administered by the same or another branch of service in the Armed Forces
29 of the Philippines (AFP), CHED and TESDA to which schools are identified].

30 A STUDENT SHALL HAVE THE SOLE POWER TO CHOOSE THE PROGRAM HE OR

31 SHE SHALL TAKE. IN NO CASE SHALL THE SCHOOL RESTRICT THE STUDENTS
32 IN THEIR CHOICE OF PROGRAMS BY REASON OF LIMITATIONS IN SLOTS.

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 1 SECTION 8. Section 8 of Republic Act No. 9163 is hereby amended to read as follows:

2 "Section 8. [Fees and Incentives] NON-COLLECTION OF FEES - Higher and technical

3 vocational institutions shall not collect any fee for any of the NSTP components.
4 [except basic tuition fees, which shall not be more than fifty percent (50%) of what
5 is currently charged by schools per unit.]

6 [In the case of ROTC, the DND shall formulate and adopt a program of assistance
7 and/or incentive to those students who will take the said component.

8 [The school authorities concerned, CHED and TESDA shall ensure that group
9 insurance for health and accident shall be provided for students enrolled in any of
10 the NSTP components.]

11 GROUP INSURANCE FOR HEALTH AND ACCIDENT, ALONG WITH OTHER NEEDS
12 OF THE VARIOUS NSTP COMPONENTS SHALL BE PROVIDED BY THE SCHOOL
13 AUTHORITIES CONCERNED, WITHOUT INCURRING ADDITIONAL CHARGES FOR
14 STUDENTS.

15 SECTION 9. Section 10 of Republic Act No. 9163 is hereby amended to read as

16 follows:

17 "Section 10. x xx

18 The CHED and TESDA regional offices shall oversee and monitor the implementation
19 of the NSTP under their jurisdiction to determine if the training is being conducted
20 in consonance with the objectives of this Act. Periodic reports shall be submitted to
21 the CHED, TESDA [and DND]in this regard."

22 SECTION 10. Section 11 of Republic Act No. 9163 is hereby amended to read as
23 follows:

24 "Section 11. Creation of the National Service Reserve Corps - There is hereby created
25 a National Service Reserve Corps, to be composed of the graduates of the [non-ROTC
26 components] NSTP. Members of this Corps may be tapped by the State for literacy
27 and civic welfare activities through the joint effort of the [DND] CHED and TESDA,
28 AND DEPARTMENT OF EDUCATION, DEPARTMENT OF HEALTH AND OTHER
29 CONCERNED AGENCIES.[Graduates of the ROTC shall form part of the Citizens'
30 Armed Force, pursuant to Republic Act No. 7077.]"

31 SECTION 11.Implementing Rules. The Commission on Higher Education shall have

32 the responsibility of revising the Implementing Rules and Regulations of Republic Act No.

9
 1 9163 in order to adapt to the amendments provided for by this Act. It shall consult with
2 other concerned government agencies, student councils and organizations, non-government
3 and other peoples organizations, and school associations in drafting the revisions.

4 SECTION 12.Personnel. ROTC personnel shall be deemed separated from the

5 service and shall receive the retirement benefits to which they may be entitled under existing
6 laws, rules and regulations.

7 SECTION 13.Appropriations. The amount necessary for the implementation of this

8 Act shall be incorporated in the Annual General Appropriations Act.

9 SECTION 14.Separability Clause. If any section or provision of this Act shall be

10 declared unconstitutional, the remaining sections or provisions shall not be affected
11 thereby.

12 SECTION 15.Repealing Clause. All laws, presidential decrees, executive orders,

13 letters of instruction, rules and regulations which are inconsistent with any of the
14 provisions of this Act are hereby repealed or modified accordingly.

15 SECTION 16.Effectivity Clause. This Act shall take effect fifteen (15) days after the
16 completion of its publication in the Official Gazette or in any newspaper of general
17 circulation and shall be implemented in schools in the semester immediately succeeding
18 the effectivity.

Approved,

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