Law Summary
Objectives of the AFP Modernization Program
- Enhance capability to protect sovereignty and territorial integrity from all threats.
- Assist civilian agencies in preserving national resources in the territory and exclusive economic zone (EEZ).
- Improve disaster response and protection against natural and man-made calamities.
- Support law enforcement and international obligations against piracy, trafficking, smuggling, and environmental threats.
- Collaborate with Philippine National Police for internal security.
- Support national development.
Components of the Modernization Program
- Force restructuring: Develops a compact, modern force capable of conventional/unconventional warfare and disaster relief.
- Capability development: Acquisition and upgrading of AFP equipment synchronized with phasing out obsolete assets, restricting purchases to widely used, manufacturer-offered equipment with after-sales service.
- Bases/support system: Relocation and development of permanent bases with adequate support facilities, training grounds adhering to standards.
- Human resource development: Strengthen patriotism, transform AFP to an external security-oriented force, improve soldiers' quality of life, and promote professionalism.
- Doctrine development: Review and validation of AFP doctrines to support transition from internal to external security focus.
Capability Development Details
- Naval: Focus on naval defense, amphibious operations, territorial seas defense, marine resource protection via the Coast Guard, and disaster response.
- Air: Acquire multi-role aircraft, missile systems, patrol and reconnaissance, early warning, and airlift capabilities for external defense.
- Ground: Enhance ground forces for defense, internal security, disaster relief, and resource protection with rapid terrain mobility.
- General Headquarters: Improve command, control, communications, and information systems.
Program Implementation and Funding
- The modernization program spans 15 years; multi-year contracts' repayment may extend beyond.
- The President submits to Congress an AFP modernization program within 90 days specifying AFP size, equipment, projects, schedules, and costs for legislative approval.
- Annual appropriations are separate from regular DND and AFP budgets with an initial five-year ceiling of PHP 50 billion, adjustable with the GNP.
Contracting and Procurement
- The Secretary of National Defense may enter multi-year contracts with Presidential approval, subject to laws and audit.
- Contracts must include after-sales service and spare parts availability.
- Preference for Filipino contractors or foreign firms that locate production in the Philippines to foster employment and technology transfer.
Self-Reliant Defense Posture
- Emphasizes local manufacture, co-production, technology transfer, and AFP personnel training.
- Incorporates foreign exchange reduction schemes such as counter trade.
AFP Modernization Trust Fund
- A dedicated trust fund exclusively for modernization (excluding salaries) funded by appropriations, sale/proceeds from military assets, government arsenal products, and other sources.
- Administered by the Secretary of National Defense under government auditing rules.
Government Arsenal Modernization
- Integral to produce basic weapons and ammunition for AFP and PNP use and export surplus.
- May engage in joint ventures or co-production arrangements.
Accountability and Reporting
- The DND Secretary reports annually on unused funds and savings from austerity measures, with savings augmenting modernization funding.
- The AFP Chief of Staff reports annually on modernization progress.
Procurement System Reform
- Equipment acquisition and contract negotiation are separate sequential steps involving service commands, AFP Weapons Systems Board, and general headquarters.
- Must comply with existing procurement laws.
Presidential Authority and Legislative Oversight
- The President may modify the modernization program for national emergencies, reporting changes to Congress within 30 days.
Legal Provisions
- Separability clause ensures unaffected provisions remain valid if others are struck down.
- Repealing clause nullifies laws conflicting with this Act.
- Effectivity: The Act takes effect 15 days after publication in two national newspapers.