Title
National Defense Act of the Philippines
Law
Commonwealth Act No. 1
Decision Date
Dec 21, 1935
The National Defense Act mandates obligatory military service for all citizens of the Philippines and establishes the Council of National Defense, outlining the procedures for mobilization and the organization of the Army of the Philippines.

Questions (Commonwealth Act No. 1)

It shall be known as “The National Defense Act.” (CA No. 1, Sec. 1)

Among others: preservation of the State is the obligation of every citizen; security of the Philippines and freedom, independence, and perpetual neutrality shall be guaranteed by employing all citizens and resources; employment is via national mobilization; civil authority is supreme; the President (Commander-in-Chief) must prepare measures; mobilization may be ordered in threatened/actual aggression; mobilization plans must conform to the Constitution; and no profit incident to war shall accrue to individuals or entities.

It is obligatory for all citizens of the Philippines. (Sec. 3)

Registration is a civil function carried out by civil authorities under the supervision of the Provost Marshal General. (Sec. 4)

Through the appropriate governmental department or delegated authority, the Government has the right to secure by mutual agreement or by requisition all necessary resources (tangible and intangible), services, and other assets/possessions, whether public or private, for national defense. (Sec. 5)

It consists of the President, Vice President, head of each executive department, Chief of Staff, six other members designated by the President with consent of the Commission on Appointments of the National Assembly, and a permanent secretary who shall be an officer of the Army.

The President is Chairman. The Council advises the President on national defense policy and has a permanent staff to preserve documentary records of deliberations. (Secs. 7-8)

For these purposes, the Philippines is divided into military districts, which are further subdivided into military provinces as the President may direct. (Sec. 9)

In peace: responsible (under the Chief of Staff) for training, discipline, tactical training of units and preparation of defense plans. In war: responsible (under the control of the Chief of Staff) for the defense of his district. (Sec. 10)

A National Mobilization shall be decreed by the President upon approval of the National Assembly. (Sec. 14)

When safety of the Philippines is endangered, the President may decree a Partial Mobilization, promptly summoning and reporting to the National Assembly the cause and extent. The National Assembly determines whether the Partial Mobilization so decreed shall be annulled. (Sec. 15)

The personnel and duties of the Philippine Constabulary are to be transferred to the control of the Chief of Staff within one year following passage; thereafter the Chief of Staff is responsible (in both peace and war) for functions performed by the Constabulary at the time of passage. (Sec. 18)

Any male citizen between eighteen and thirty years of age, able-bodied, free from disease, of good moral character and habits, of average intelligence, and possessed of educational attainments as prescribed, may be enlisted (with listed restrictions). (Sec. 27)

Unmarried minors between eighteen and twenty-one may be enlisted only on the written and duly attested consent of the father, or the mother if she is the only surviving parent, or the publicly known guardian. (Sec. 27)

Obligation to undergo training begins at age 10 for preparatory military training through schooling until 18; at 18 the person enters Junior Reserve until 21; from 21 subject to service with the Reserve Force until 50. For able-bodied males 20-50: Trainees (20-22), First Reserve (22-30, including those who completed trainee instruction even if below 22), Second Reserve (31-40), Third Reserve (41-50). (Secs. 52, 51-53)

Upon conviction: sentenced to serve not more than one year in prison or to pay a fine not exceeding two thousand pesos or both, at court discretion; conviction does not exempt the person from the military service required. (Sec. 60)

They are appointed by the President for three years and for municipalities/areas as needed. Each board has five members, two of whom are physicians; where practicable, two members are officers of the Philippine Army stationed in the province. The Chairman is designated by the President. Decisions are by majority vote. (Secs. 61-62)


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