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.

Structure and Personnel of the Regular Force

  • Includes Infantry, Cavalry, Field Artillery, Coast Artillery Corps, Air Corps, Corps of Engineers, Chemical Corps, Signal Corps, Offshore Patrol active elements, General Staff Corps, several specialized services (Adjutant General's, Judge Advocate, Quartermaster, Medical, Ordnance, Chaplain), Military Academy professors and cadets, detached officers and enlisted men, recruits, and the Constabulary.
  • Officers and enlisted men assigned permanently to services are staff; others are line personnel.
  • The Chief of Staff annually recommends peacetime numbers.
  • Personnel are recruited from all provinces where practicable.

Officer Appointment, Promotion, and Separation Procedures

  • Regular officer appointments start at third lieutenant grade, ages 21-26.
  • Priority for appointment goes to Military Academy graduates, senior military training graduates, enlisted men with over one year service, then others.
  • Medical Corps appointees start as first lieutenants, ages 25-35.
  • President may appoint certain qualified officers from Constabulary, Philippine Scouts, U.S. Army Reserve Corps, and U.S. Naval Academy graduates within five years after enactment.
  • Professors in specific Military Academy subjects may receive commissions and be promoted separately.
  • Temporary promotions to major rank possible without vacating permanent commissions.
  • Philippine Constabulary regulations govern discipline and administrative matters, with gratuity rules for honorable separations from Regular Force.

Duties of Key Army Services

  • Quartermaster Service: procurement, storage, issue of supplies (except those assigned elsewhere), real estate acquisition, transportation, fiscal duties, and accountable disbursements.
  • Medical Service: medical, dental, veterinary, nurse, medical administrative corps; responsible for health and sanitation.
  • Ordnance, Medical, Air Corps, Engineers, Signal, Chemical Corps: procurement and maintenance of specialized equipment and materials; research and development of specialized equipment.

Engineering and Signal Corps Responsibilities

  • Corps of Engineers: all defense-related construction, maintenance, repairs, operation of utilities not assigned elsewhere.
  • Signal Corps: installation, maintenance, operation of military signal communication systems exclusive of tactical unit organic systems.

Military Academy Admission and Cadet Management

  • Annual appointment of cadets by the President, max 350 cadets, subject to mental and physical exams.
  • Eligibility: single, good health, aged 17-22, nomination by National Assembly members with quotas per district.
  • Procedures for filling district vacancies involve additional exams and appointments from successful candidates at large.
  • Cadets granted pay and allowances set by the President.
  • Physically unfit cadets may be retired with rank and pay equivalent to third lieutenant.
  • Upon course completion, cadets commissioned as third lieutenants with relative rank per academic standing.
  • Academic Board governs degree conferral and includes key Academy officials.
  • Graduates may receive paid graduation leave up to one month; leaves of absence may be granted per rules.

Appointment Policies Above Third Lieutenant Grade

  • Preferential appointment for grades above third lieutenant given to former Reserve officers of U.S. Army, Philippine Scouts, Constabulary, National Guard, and others with exceptional skills.

Military Training Obligations and Classifications

  • Military training obligation starts at age 10 through schooling until age 21, then subject to military service.
  • Youth not in school at 18-21 must join junior reserve subject to exemptions.
  • Preparatory Military Training before 21.
  • School girls receive auxiliary instruction as directed.
  • Male citizens 20-50 classified as Trainees (20-22), First Reserve (22-30), Second Reserve (31-40), and Third Reserve (41-50).

Enforcement and Penalties for Non-Compliance with Military Registration

  • Failure to register or report after notice results in penalty: imprisonment up to six months, fine up to 200 pesos, or both.
  • Conviction does not exempt from military service.
  • Local governments exempt from court and sheriff fees in prosecutions under this provision.

Reserve Force Service Continuum

  • Trainees move to First Reserve after training, serve until 30 years old.
  • Transfer to Second Reserve at 31, serve until 40.
  • Transfer to Third Reserve at 41, serve until 50.
  • Assignment to organizations possible in all reserve classes.

Pay Grades and Benefits for Enlisted Men

  • Detailed monthly base pay scales for ranks from privates to master sergeants in Regular Force.
  • Air Corps and Medical Service have differentiated pay scales.
  • Special reenlistment bonuses provided.
  • Higher pay for technically trained Air Corps enlisted men up to 14% of personnel.
  • Enlisted strength limits by grade percentage specified.
  • Reserve enlisted men receive same grades and pay but no pay during inactive or training status.

Leave Policy for Officers Injured in Line of Duty

  • Days lost from treatment of injury/disease incurred in line of duty do not reduce annual leave.
  • Injuries excluded if caused by misconduct, failure, substance abuse, or immoral habits.

Benefits for Trainees and Reserves Who Die in Service

  • Presidential authority to pay burial expenses up to 35 pesos and up to 100 pesos to dependents.
  • Injuries/diseases during transit to/from training/mobilization centers also covered.

Pay and Privileges for Reserve Officers on Extended Active Duty

  • Full pay, leave, medical treatment, and privileges like Regular Officers.
  • Officers serving in National Defense Mission may receive Philippine ranks and emoluments, including Field Marshal as Military Adviser.

Procurement Authority for Military Purchases

  • President may direct the Chief of Staff to make Army purchases without involving the Department of Finance's Division of Purchase and Supply, overriding conflicting laws.

Effective Date

  • The amendments take effect immediately upon approval on September 5, 1938.

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