Title
Amendments to the National Defense Act of 1938
Law
Commonwealth Act No. 385
Decision Date
Sep 5, 1938
Commonwealth Act No. 385, also known as the National Defense Act, amends various sections of the original act, including changes to the composition of the Army, appointment and promotion of officers, responsibilities of branches and services, and obligations of citizens in terms of military training.

Q&A (Commonwealth Act No. 385)

The Army of the Philippines consists of the Regular Force and the Reserve Force.

No, members of the Reserve Force on inactive status are not deemed to be officers or employees in the Philippine Civil Service solely by reason of their appointments, oaths, commissions, or status as such.

The Regular Force includes the Infantry, Cavalry, Field Artillery, Coast Artillery Corps, Air Corps, Corps of Engineers, Chemical Corps, Signal Corps, offshore Patrol's active elements, General Staff Corps, and various service corps such as Adjutant General's Service, Judge Advocate Service, Quartermaster Service, Medical Service, Ordnance Service, and Chaplain Service, among others.

Applicants must be not less than 21 nor more than 26 years old. Priority is given first to graduates of the Military Academy of the Philippines or U.S. Military or Naval Academies, second to graduates of senior military training units, third to enlisted men with more than one year of service in the Army of the Philippines, and fourth to others.

Any person failing to register or report after notification can be convicted to serve up to six months in prison or pay a fine of up to two hundred pesos, or both, at the court's discretion. Conviction does not exempt them from military service.

Classifications include Trainees (ages 20-22), First Reserve (ages 22-30 including those who completed training), Second Reserve (ages 31-40), and Third Reserve (ages 41-50).

The pay grades range from 14 pesos for privates up to 45 pesos for master sergeants in the Regular Force; Reserve enlisted men receive the same grades and pay but receive no pay while inactive or in annual training.

They are entitled to a gratuity equal to one month of their current pay multiplied by the number of complete years of service, with service in the Philippine Constabulary counted fully for this purpose.

The President may annually appoint cadets necessary to maintain the Cadet Corps at up to 350 members, subject to qualifications and nominations by National Assembly Members, and determine their pay and allowances.

Injuries or diseases contracted in line of duty do not count against leave allowances. In case of death of a trainee or enlisted reserve from service-related causes, the President may authorize burial expenses up to 35 pesos and a sum up to 100 pesos to dependents or parents.


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