LESSON 1

Specific Provisions of the Fundamental Law Pertinent to R. A. 9163

Sec 2. R. A 9163 hereby affirms the prime duty of the government to serve and protect its citizens. In turn, it shall
be the responsibility of all citizens to defend security of the state and in the fulfillment thereof, the government may
require each citizen to render personal, military or civil services.

Sec. 4. R. A. 9163 there is hereby established a National Training Service Training Program (NSTP), which shall
form part of the curricula of all baccalaureate degree courses and at of least two (2) year technical – vocational
courses and is a requisite for graduation, consisting of the following service components.

 The Reserve Officer’s Training Corps (ROTC), which is hereby made optional and voluntary upon the
effectivity of this Act.

 The Literacy Training Services (LTS); and

 The Civic Welfare Training Service (CWTS)

Sec. 15(4) of Batas Pambansa Bilang 323 likewise provides that it is the duty and responsibility of students to
participate actively in civic affairs and be involved in the promotion of the general welfare of the people particularly
in the social, economic and cultural development of the community and in the attainment of a just, compassionate
and orderly society

Pursuant to Section 12 Republic Act No. 9163 otherwise known as the National Service Training Program
(NSTP) Act of 2001, CHED, TESDA, and DND in consultation with concerned government agencies, the Philippine
Association of State Universities and Colleges (PASUC), Coordinating Council of Private Educational Association
of the Philippines (COCOPEA), NGOs, promulgate the following IRR to implement the provisions of this Act.

Sec 1, Rule I, IRR to R. A. 9163 (Guiding Principle). While 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 the
fulfillment thereof, the government may require each citizen to render personal military or civil service.

Sec 2. Rule I, IRR to R. A. 9163 (Role of the Youth)

All higher and technical-vocational education institutions must offer at least one (1) of the NSTP components.

a. State Universities and Colleges (SUCs), shall offer the ROTC Program and at least one (1) other NSTP
component.

1. In recognition of the vital role of the youth in nation building, the state shall promote civic consciousness
among them and shall develop their physical, moral, spiritual, intellectual and social being. It shall
inculcate the ideals of patriotism, nationalism, and advance their involvement in public and civic affairs
2. As the most valuable resources of the nation, they shall be motivated, trained, organized and involved in
military literacy, civic welfare programs and other similar endeavors in the service of the nation.

Sec. 4, Rule III, IRR to R. A. 9163 (Coverage)

1. All incoming freshmen students, male and female, starting School Year (SY) 2002 –2003, enrolled in any
baccalaureate and in at least two (2) year Technical – Vocational or associate courses, are required to
complete one (1) NSTP component of their choice as a graduation requirement.
2. All higher and technical-vocational education institutions must offer at least one (1) of the NSTP
components.
a. State Universities and Colleges (SUCs), shall offer the ROTC Program and at least one (1) other
NSTP component.
 b. The Philippine Military Academy (PMA), Philippine Merchant Marine Academy (PMMA),
Philippine national Police Academy (PNPA), and other SUCs of similar nature, in view of the
special character of these institutions, are exempted from the NSTP.
c. Private higher and technical-vocational education institutions with at least 350 students cadets,
may offer the ROTC Program and consequently establish/maintain a Department of Military
Science and Tactics (DMST), subject to the existing rules and regulations of the Armed Forces of
the Philippines (AFP).
3. A one (1) summer program in lieu of the two (2) semester program may be designed, formulated and
adopted by the DND, CHED and TESDA, subject to the capability of the school and the AFP to handle the
same.

Sec. 11, Rule V, IRR to R. A. 9163 (Organization of NSTP Graduates):

1. Graduates of the ROTC components of the NSTP shall belong to the National Service Reserve Corps
(NSRC) and could be tapped by the state for literacy and civic welfare activities, through the joint efforts of
DND, CHED and TESDA, in coordination with DILG, DSWD and other concerned agencies/ associations.
2. The CHED, TESDA and DND, in consultation with other concerned government agencies, shall issue the
necessary guidelines for the establishment, organization, maintenance and utilization of the National
Reserve Corps.
3. Graduates of the ROTC program shall form part of the Citizen Armed Force, pursuant to R. A. 7077,
subject to the requirements of DND

Sec. 13, Rule VI, IRR to R. A. 9163 (Transitory Provisions):

1. Students who are currently enrolled but have not taken any of the Military Service (MS), Civic Welfare
Service (CWS) or Law Enforcement Service (LES) programs shall be covered by the NSTP law.
2. Students who have completed two (2) semesters of the Expanded ROTC (E-ROTC. National Service
Training Program) are deemed to have complied with the NSTP law.
3. Students who are not covered by Section 13 of this Rule and have taken only one (1) semester or Basic
ROTC or E-ROTC/ NSTP, shall be take one more semester of any NSTP components to qualify for
graduation purposes.

LESSON 3

MILITARY COURTESY AND DISCIPLINE

 Many people think that discipline is nothing more than the enforcement of regulations and the
corresponding punishment when one violates them. Others associate discipline with the state of
subservience where subordinates blindly follow the orders of their superiors out of habit or fear.

Discipline is the quality of being able to behave and work in a controlled way which involves obeying particular
rules or standards.

Military Courtesy - the written, officially prescribed code of department (responsibility) for members of the
military establishments

Morale - the mental state and spirit of an individual or unit.

Military discipline - is necessary to ensure orderly and effective group action, commonly known as teamwork.

Teamwork - is particularly important in military operations where its presence or lack of it may very well spell the
difference between victory or defeat.
With discipline, a soldier learns a sense of obligation to himself and to his comrades; to his commander and the
entire organizations. The ultimate objective of military discipline, is unit efficiency in battle – to ensure that a unit
performs its role correctly; that it reaches its objectives, accomplishes its assigned mission and helps other units to
accomplish their mission.

Creating a Climate of Discipline

We find ready application of discipline in all aspects of military life. We often hear of “supply discipline”, water
discipline”.

Training - a soldier learns to work with other soldier; learn to unify their actions into a single effort in order to
accomplish the group mission and develops the habit of prompt obedience to all orders.

Judicious Use of Punishment and Reward - the best kind of discipline is that which exacts obedience by appealing
to reason and which makes use of the so called “positive incentives” – reward.

Instilling a Sense of Confidence and Responsibility - a confident and responsible soldier realizes that he has an
obligation not only to himself but to the other soldier in the organization.

MILITARY COURTESY IN THE SERVICE

Military Courtesy -the act of politeness, civility and respect that personnel in the military organization accord to
one another.

Salute – the most important and most common form of all military courtesy.

Saluting - one of the most common and basic forms of military courtesy. It is basically an exchange of greetings
between military and/or uniformed services personnel.

How to Salute?

Salute is normally given with the right hand; when right hand is encumbered, left hand could be used.

 The salute is made whether a headgear is worn or not.

 Rifle salutes are used in place of the hand salute when carrying a rifle.

Who are entitled to the salute?

 The National Flag and National Anthem.

 Commissioned Officers of the Armed Forces of the Philippines

 Civilian high officials or foreign dignitaries during military honors rendered for them.

 Officers of the Coast Guard and Geodetic Survey and the Public Service when they are serving with the
AFP.

When to salute?

 When men seated in boats in which there is no officer, the petty officer in charge of the boat, rises and
salute all officers passing near or within the boat.
Who are entitled to the salute?

 When boarding a navy ship in which the national Flag is flying, all persons in the naval service upon
reaching the upper platform of the accommodation ladder or shipboard end of the prow, face the national
flag, and salute, then salute the Officer of the Deck (OOD).

 When leaving the ship, salute first the OOD and then the national Flag.

When to salute?

 Officers seated in boats rise in rendering and returning salutes when a senior enters or leaves the boat or
when acknowledging a gun salute

 Coxswain in charge of a boat rise and salute all officers entering or leaving the boat. All members of the
crew when the boat is not underway and not carrying an officer aboard stand and salute when an officer
comes alongside, leaves the side, or passes near them.

 In Navy building, the same general rules of saluting apply as on-board navy ship. Salute all officer’s senior
to you on all occasions, salute all other officers on first meeting during the day. The salute also rendered
indoors during ceremonies, honoring the flag and in court martial.

 When in company with a senior, you always walk on his left or put him on your right. This also applies
aboard in any vehicle

 If officers and enlisted men are standing together not in formation and a senior approach, the first to
perceive him shouts “ATTENTION” and all faces him and salute.

 When in formation, the officer in charge cautions his unit to attention before executing the appropriate
salute.

 Overtake and pass a senior officer only upon his permission. When it became necessary to walk pass a
senior officer, pass on his left side, salute when you are abreast and ask, “BY YOUR LEAVE SIR?” When
the officer returns the salute, you can continue pass him.

 When reporting on deck or outdoors ashore, covered and salute accordingly. If reporting to an officer,
salute and state your business.

 An enlisted man being seated and without particular occupation rises upon the approach of an officer, faces
him and salutes. If both remain in the same vicinity, the salute need not be repeated.

 If seniority is unknown, the safest way and the best rule is to salute mutually and without say.

 Sentries at gangway salute all officers going or coming over the side and when passing or being passed by
officers close aboard in boats.

 Officers and enlisted personnel both salute a senior officers riding in a vehicle. A driver of a vehicle is
required to salute if the vehicle is at halt.

When not to render salute?

 When troops are at work.

  Indoors, except when reporting to an officer.

 When carrying articles with both hands, or being so occupied as to make saluting impracticable.

 When serving as a military prisoner.

Terminologies

 Rank – is the combined rate and rating of an individual.

 Unrated/Non-rated/Unclassified – a term used to identify an individual who has not yet been classified
for a particular rating. His rank would carry an initial (UN). Ex: ASN(UN)

 Rating – is a term used in the Navy to identify an occupational specialty that is based on aptitude, training,
experience, knowledge and skills of an individual.

 Rate – is the term used to identify the level of achievement and expertise within the individual’s rating.
Rate may also be called paygrade within a rating

 Striker – a term that applies to an individual in the paygrade E1 to E3.

 Petty Officer – a term that applies to an individual in the paygrade E4 to E7

AFP ENLISTED RANKS AND INSIGNIA

LESSON 4

INTERIOR GUARD DUTIES

Interior Guard Duty System – is installed to preserve order, protect property, and enforce military regulations.

Security is part of the commander’s responsibility.

Normally, an interior guard system is composed of the following:

 Field Officer of the Day (FOD)

 Officer of the Day (OOD)

 Commander of the Guard (COG)

 Sergeant of the Guard (SOG)

 Relief Commander for each relief

 Sentinel of the guard

Countersign

Consist of a secret challenge and reply to aid the guards/sentinels in the scrutiny of persons who apply to
pass the lines or it may be defined as a secret challenge and the secret password.

Challenge

The command, “HALT, WHO IS THERE?” given by a sentry is used to cause an unidentified person or
party to halt and be identified.
Password

Word or a distinctive sound used to answer a challenge, identifies the person or party desiring to enter or
pass and is always a secret.

Interior Guard

The guard detailed by a commander to preserve order, protect property and enforce regulations within the
jurisdiction of the command.

Relief

Those members of the guard who, under the supervision of and including a corporal of the guard, have the
same watch; the procedure whereby posted member of the guard.

Sentry

An enlisted man assigned to duty as member of the guard, to keep watch, maintain order, protect person or
property, or warn of any attack, a sentinel.

Watch

A period of time during which a member of a guard performs the prescribed duties, beginning from when
he is posted and the termination when he is relieved by proper authority.

Relieve - To direct any member of the guard to cease performance duties.

Post

The place or area where a sentry is stationed or the place where a member of the guard other than the sentry
is required to be when not performing duties elsewhere.

Patrol Post

A post within a sentry prescribed his own route, within specified limits, or has his route prescribed for him.

Fixed Post

A post within the limits of which a sentry is not required to more about appreciable for the performance of
this duty.

Guardhouse

A building, tent or other location designated as the headquarters of the guard.

Detain

The action of any person so authorized used to secure the custody of an illegal offender until proper
authority may be noticed.

Field Officer of the Day (FOD)

A field grade officer detailed as FOD is the Commanding Officer’s personal representative. His primary
concern is the proper supervision in the performance of duty of the interior guards.

Officer of the Day (OOD)

The OOD is responsible for the proper performance of duty by the main guards. He is charged with
executing all orders of the commanding officer relating to interior duty guard.
Commander of the Guard (COG)

He is responsible for the instruction, discipline, and performance of the guards.

Sergeant of the Guard (SOG)

The SOG is the overall supervisor over the other NCO and sentinel of the guards. He takes over as
commander of the guards in case no one else is detailed as such.

Relief Commander

Instruct his relief as to their orders and duties and make certain that each sentinel understand.

Sentinel of the Guards

They must memorize, understand, and comply with the general orders for sentinel and comply with the
specific orders applicable to their particular posts including the use of countersigns if they are in effect.

11 GENERAL ORDERS OF THE GUARD

General Orders No. 1 - To take charge of my post and all government property in view.

General Orders No. 2 - To walk my post in a military manner, keeping always on the alert and observing everything
that takes place within sight or hearing.

General Orders No. 3 - To report all violations of orders I am instructed to enforce.

General Orders No. 4 - To repeat all calls from posts more distant from the guardhouse than my own.

General Orders No. 5 - To quit my post only when properly relieved.

General Orders No. 6 - To receive, obey and pass to the sentinel who relieves me all orders from the Commanding
Officer, Officer of the Day, Commissioned and Non - Commissioned Officers of the guard only.

General Orders No. 7 - To talk to no one except in line of duty.

General Orders No. 8 - To give an alarm in case of fire and disorders.

General Orders No. 9 - To call the Commander of the Guard in any case not covered by instructions.

General Orders No. 10 - To salute all Officers and all Colors and Standard not cased.

General Orders No. 11 - To be especially watchful at night during the time for challenging and to challenge all
persons on or near my post and to allow no one to pass without proper authority.

LESSON 5

MILITARY JUSTICE

The military justice system was meant to enable commanders to disposed personnel problems in their units in the
most expeditious manner. Speedy disposition of cases preserves discipline, promotes justice and enhances the
attainment of the Commander’s mission.

In concept, the military justice system is designed to enforce discipline and administer justice in the military service,
and it is composed of four (4) components:
 1. Investigation - is the process of looking into the circumstances of a case for the purpose of verifying and
establishing the facts.
2. Prosecution - the accusation of a crime before a legal tribunal.
3. Trial or adjudication - a legal action before a judge and jury.
4. Judgment or decision - punishment given to the accused who committed such crime.

These same components permeate (fill) two distinct division of the system, namely:

1. Administrative cases - are those that result in decisions not involving penal sanctions and may take such
mild disciplinary or instructive forms as admonition, reprimand and the like.
2. Punitive cases - are those that result in judgments of fine, hard labor, deprivation of liberty or combination
of these whenever guilt of those involved are proven.

The type of evidence and degree of proof required are also different for these two categories.

Punitive cases require guilt to be proven beyond reasonable doubt while Administrative cases require only
preponderance (occurrence) of evidence to gain positive adjudication.

SOURCES OF MILITARY LAW

Articles of War are set of laws, known as Commonwealth Act No. 408, was enacted by the Philippine National
Assembly on 14 September 1938. Among others, the Articles of War defines the offenses punishable under the law
and prescribes the corresponding punishment.

Rules governing the conduct of military personnel and providing for a method by which persons be punished are
contained in the Articles of War.

Military jurisdiction emanates from several sources among which are the constitution of the Philippines and
International Law. Military jurisdiction are carried out by the following agencies.
 Court-Martial - General, Special and Summary
 Commanding Officers in exercising their disciplinary powers under AW 105.
 Court of Inquiry
 Military Tribunals or Commission

As a general rule, courts-martial have the exclusive jurisdiction over-all persons subject to military law who commit
an offense penalized by the punitive articles of war.

Persons Subject to Military Law refers to the following:

1. All officers and enlisted personnel in the regular force of the AFP.
2. All reservists from the date of their call to active duty and while on such active duty.
3. All cadets of the PMA and PAF Flying School, and Probationary Lieutenants on actual training.
4. All trainees undergoing military instructions.
5. Retainers to camp and all persons accompanying or serving with the AFP in the field in time of war or
when martial law is declared.
6. All persons under sentence adjudged by a court-martial or military tribunal.
7. All persons under sentence adjudged by a court-martial or military tribunal.
PUNITIVE ARTICLES OF WAR

Articles of war were promulgated effective September 14, 1938 when the unicameral Philippine National Assembly
Enacted Commonwealth Act No. 408 which became the basic law that gave the guidance and operations of the
country’s Armed Forces, there are 120 Articles, most of which are lifted from US Uniform Code of Military Justice.

It is for this reason that our articles of war had the same substance as the American Military Code of 1928 which
was found applicable to Philippine conditions.

1. Article 54 - Fraudulent enlistment 21. Article 74 - Releasing prisoner without

2. Article 55 - Officer making unlawful proper authority
enlistment 22. Article 75 - Delivery of offenders to Civil
3. Article 56 - False muster Authorities
4. Article 57 - False returns or omission to 23. Article 76 - Misbehavior before the enemy
render returns 24. Article 77 - Subordinate compelling
5. Article 58 - Acts to constitute desertion Commander to surrender
6. Article 59 - Punishment for Desertion 25. Article 78 - Improper use of countersign
7. Article 60 - Advising or Aiding Another to 26. Article 79 - Forcing a safeguard
Desert 27. Article 80 - Captured property to be secured
8. Article 61 - Entertaining a Deserter for public service
9. Article 62 - Absence Without Leave 28. Article 81 - Dealing in captured or
10. Article 63 - Disrespect Toward the abandoned property
President, Vice President, Prime Minister, 29. Article 82 - Relieving, corresponding with
Chairman of the National Assembly or or aiding the enemy
Minister of National Defense 30. Article 83 – Spies
11. Article 64 - Disrespect toward Superior 31. Article 84 - Military property, willful or
Officer negligent loss
12. Article 65 - Assaulting or willfully 32. Article 85 - Waste or unlawful disposition
disobeying Superior Officer of military property issued to soldiers
13. Article 66 - Insubordinate conduct toward 33. Article 86 - Drunk on duty
Non-Commissioned Officer 34. Article 87 - Misbehavior of sentinel
14. Article 67 - Mutiny or sedition 35. Article 88 - Personal interest in sale of
15. Article 68 - Failure to suppress mutiny or provisions
sedition 36. Article 88A – Unlawfully influencing action
16. Article 69 - Quarrels, frays & disorders of court
17. Article 70 - Arrest or confinement 37. Article 89 - Intimidating of persons bringing
18. Article 71 - Charges, action upon provisions
19. Article 72 - Refusal or receive and keep 38. Article 90 - Good order to be maintained
prisoners and wrong redressed
20. Article 73 - Report of prisoners received
COURT MARTIAL

Courts-martial and other military tribunals generally exist to assist commanders in the administration of military
justice. Specifically, they are established to enforce discipline in the military establishment and to serve as deterrents
to military crimes and offenses.

TYPES OF COURT MARTIAL

A. General Court Martial

Consist of any number of members not less than five (5) and by whom may be appointed by the following:
- the President
- Chief of Staff of the AFP and when empowered by the President
- The Commanding Officers of major commands or task forces
- division regional commands
- the Superintendent of the Philippine Military Academy
- Commanding Officers of separate brigades or body of troops.
B. Special Court Martial
Consist of any number of members not less than three (3). The following may appoint special court martial:
- Commanding Officers of major commands, task forces, regional commands or divisions and when
empowered by the President,
- Commanding Officer of a garrison, camp, brigade, regiment, detached battalion or other detached
command or commissioned vessel.
C. Summary Court Martial
An entirely different case would be the trial by a summary court martial where its proceedings are much
faster. Since it has at least one member who sits as president, trial judge advocate (TJA) and defense
council at the same time, and since its jurisdiction as to person, offense, and punishment is limited. A
summary court martial can dispose of a certain case in the most expeditious manner.

MILITARY COMMISSION OR TRIBUNAL

The commission or tribunal play the same role as court-martial. During martial law, which was in effect throughout
the country from 1972 to 1981, these commissions or tribunals tried cases referred to them in the same expeditious
way. Even civilians who committed offenses not triable by courts martial fell under the jurisdiction of these special
bodies whose proceedings were in accordance with procedural law.

A valid example of this case is that of a Chinese national who was accused of drug pushing and distribution and was
found guilty by a military commission and meted out the death penalty thru musketry.

LESSON 6

HUMAN RIGHTS

Basic Principles in Human Rights

- Man has the basic rights to life, dignity and self-development

- Society has the basic rights to survive, self-determination and right to develop as a society.
- The government is created by the society or by the people, for the people and of the people
The Philippines adopts the generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations.

PROVISIONS OF HUMAN RIGHTS UNDER ARTICLE III: BILL OF RIGHTS, Constitutional Guarantees
to Human Rights

Sec. 1 No person shall be deprived of life, liberty or Sec. 11 Free access to the court and quasi-judicial
property without due process of law nor shall any bodies and adequate legal assistance shall not be
person be denied the equal protection of the laws. denied to any person by reason of poverty.

Sec. 2 The right of the people to be secure in their Sec.12 Any person under investigation for the
persons, houses, papers and effects against commission of an offense shall have the right to be
unreasonable searches and seizures of whatever informed of his right to remain silent and to have
nature and for any purpose shall be inviolable. competent and independent counsel preferably of his
own choice.
Sec. 3 The privacy of communication and
correspondence shall be inviolable except upon Sec. 13 All persons except those charged with
lawful order of the court, or when public safety or offenses punishable by reclusion perpetua when
order requires otherwise as prescribed by law. evidence of guilt is strong shall, before conviction, be
boilable by sureties or be released on recognizance as
Sec. 4 No law shall be passed abridging the freedom maybe provided by law.
of speech, of expression, or of the press, or the right
of the people peaceably to assemble and petition the Sec. 14 No person shall be held to answer for a
government for redress of grievances. criminal offense without due process of law.

Sec. 5 No law shall be made respecting an Sec.15 The privilege of the writ of habeas corpus
establishment of religion or prohibiting the free shall not be suspended except in case of invasion or
exercise thereof. The free exercise and enjoyment of rebellion when the public safety requires it.
religious profession and worship without
discrimination or preference, shall forever be Sec. 16 All persons shall have the right to a speedy
allowed. No religious test shall be required for the disposition of their cases before all judicial, quasi-
exercise of civil or political rights. judicial or administrative bodies

Sec. 6 The liberty of abode and of changing the same Sec. 17 No person shall be compelled to be a witness
within the limits prescribed by law shall not be against himself.
impaired except upon lawful order of the court. Sec. 18
Neither shall the right to travel be impaired except in
the interest of national security, public safety, or (1) No person shall be detained solely by
public health, as may be provided by law. reason of his political beliefs and

Sec. 7 The right of the people to information on (2) No involuntary servitude in any form
matters of public concern shall be recognized. shall exist except as a punishment for a
crime.
Sec. 8 The right of the people, including those
employed in the public and private sectors, to form Sec. 19 Excessive fines shall not be imposed nor
unions, associations, or societies for purposes not cruel, degrading or in human punishment inflicted.
contrary to law shall not be abridged. Neither shall death penalty be imposed.

Sec. 9 Private property shall not be taken for public Sec. 20 No person shall be imprisoned for debt or
use without just compensation. non-payment of a poll tax.

Sec. 10 No law impairing the obligation of contracts Sec. 21 No person shall be twice put in jeopardy of
shall be passed. punishment for the same offense.