[ Commonwealth Act No. 569, June 07, 1940 ]
AN ACT TO AMEND SECTIONS FOUR, NINE, ELEVEN, THIRTEEN, EIGHTEEN, NINETEEN, TWENTY-ONE, TWENTY-TWO, TWENTY-THREE, TWENTY-FIVE, TWENTY-SEVEN, TWENTY-NINE, THIRTY-ONE, FORTY-NINE, FIFTY, FIFTY-TWO, FIFTY-SIX, FIFTY-NINE, SIXTY-ONE, SEVENTY-ONE, SEVENTY-TWO, SEVENTY-THREE, SEVENTY-SIX, SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY-THREE, EIGHTY-FOUR, EIGHTY-FIVE, EIGHTY-SEVEN, EIGHTY-EIGHT, EIGHTY-NINE, NINETY, NINETY-ONE, NINETY-TWO, NINETY-FOUR, AND NINETY-SEVEN OF COMMONWEALTH ACT NUMBERED ONE AS AMENDED, KNOWN AS THE NATIONAL DEFENCE ACT, REPEALING SECTION TWENTY-FOUR THEREOF AND INSERTING TWO NEW SECTIONS IN THE SAID ACT TO BE KNOWN AS SECTIONS SEVENTY-EIGHT-A AND NINETY-B.
Be it enacted by the National Assembly of the Philippines:
Section 1. Section four of Commonwealth Act Numbered One, otherwise known as 'The National Defense Act, is amended to read as follows:
"Section 4. The registration of citizens for military service shall be a civil function carried out by the civil authorities under die supervision of the Chief of Staff."
Section 2. Section nine of said Act is amended to read as follows:
"Section 9. For the purpose of recruiting the national man power, providing preparatory military training, executing the national mobilization plans, and supplying the needs of the aimed forces in peace and war, the Philippines shall be divided into military districts as the President may direct."
Section 3. Section eleven of said Act is amended to read as follows:
"Section 11. In every province, the provincial governor shall execute all recruitment laws and the laws and regulations governing the mobilization of persons and resources for national defense, which the Central General Staff of the Philippine Army may prescribe from time to time. The Provincial Inspector of tiie Philippine Constabulary shall be a member of his staff to carry out this duty."
Section 4. Section thirteen of said Act is amended to read as follows:
"Section 13. Mobilization centers shall be located in municipalities, townships and municipal districts according to their military population aid the percentage of such population assigned to units of die reserve.
"The Chief of Staff shall determine the location and type of mobilization centers to be provided, and the District Commander shall be responsible for the operation of these mobilization centers at all times."
Section 5. Section eighteen of said Act is Emended to read as follows:
"Section 18. The organized peace establishment, including the Regular Force and the Reserves, shall comprise all organizations necessary to form the basis for a complete and prompt mobilization for the national defense. The Army shall at all times be organized in so far as practicable into battalions, regiments, divisions, and, if necessary, higher units."
Section 6. Section nineteen of said Act, as amended, is further amended to read as follows:
"Section 19. The Regular Force shall consist of the Infantry, the Cavalry, the Field Artillery, the Coast Artillery Corps, the Air Corps, the Corps of Engineers, the Chemical Corps, the Signal Corps and the active elements of the Off-Shore Patrol; the General Staff Gorps; the services consisting of the Adjutant General's Service, the Judge Advocate General's Service; the Inspector General's Service, the Quartermaster Service, the Finance Service, the Medical Service, the Ordinance Service and the Chaplain Service, the professors and cadets of tlie Military Academy; of detached officers, of detached enlisted men, of unassigned recruits, of such other officers and enlisted men as may be provided for Officers and enlisted men permanently assigned to the services shall be known as officers and enlisted men of the Staff; officers tnd enlisted mei not permanently assigned to a service shall be known as officers aid enlisted men of the line.
"In time of peace the number of active commissioned of- ficers and of active enlisted men required for the Regular Force shall be recommended annually by the Chief of Staff.
"In so far as may be practicable, the commissioned and enlisted personnel of the Regular Force shall be drawn from all provinces of die Philippines."
Section 7. Section twenty-one of said Act is amended to read as follows:
"Section 21. The organization of the Regular Force shall be as follows:
"(a) All other regular units shall be organized as the President may direct.
"(b) The President may attach to regular units or may assign to duty with any component of the Regular Force such number of reserve officers as he may deem necessary. All periods of such duty as do not exceed twenty-one days annually shall be considered as regular annual training: all periods in excess of twenty-one days annually shall be classed as extended tours of active duty.
"(c) The President may likewise attach for their prescribed period of military training such number of trainees to regular units as he deems necessary."
Section 8. Paragraphs (c), (i), and (m) of section twenty-two of said Act as smeided, are further amended to read as follows:
"(c) Except as hereinafter authorized, all appointments of regular officers shall be in the grade of third lieutenant, from among applicants who at the time of appointment shall be not less than twenty-one nor more than twenty-six years of age. Priority in filling vacancies in the. grade of third lieutenant will be given: first, to graduates of the Military Academy of die Philippines or of the United States Military or Naval Academy; second, to graduates of senior military training units in schools and colleges; third, to enlisted men who at tin; time of appointment shall have served more than one year in the Army of the Philippines, aid, fourth, to others: Provided, That original appointments in the Judge Advocate General's Service, the Medical Service and the Chaplain Service, shall be in the grade of first lieutenant from anong applicaits who, at the time of appointment, shall not be less than twenty-five nor more than thirty-live years of age, and, in addition, shall have engaged in the practice of law for at least five years, if appointment is to be made in the Judge Advocate General's Service; said grade being also given, upon the passage of this Act, to such officers of the services whose present grade is lower than first lieutenant: Provided, also, That during the five years following the approval of this Act, the President is authorized to fill vacancies in any commissioned grade in the Army of the Philippines by appointment of officers of the Philippine Constabulary who are citizens of the Philippines and of such officers of the Philippine Scouts and of the Officers' Reserve Corps, U. S. Army, and of graduates of the United States Naval Academy, citizens of the Philippines, as have, prior to their appointment in the Army of the Philippines, legally and honorably severed their connection with the active elements of the Amy of the United States, aid of such others as may qualify through professional and military examination prescribed for the purpose: Provided, further, That the President may appoint professors and assistant professors in the Department of Mathematics and Natural Philosophy, the Department of Engineering aid the Department of Languages and Social Arts of the Military Academy without military rank with such compensation as he may prescribe, or in such commissioned grades of the regular force as he may deteirnine; and in die latter case, he may thereafter promote them under such regulations as he may prescribe, such professors and assistant professors to be carried on in a separate roster apart from the general roster of the Aimy end in addition to the number of commissioned officers prescribed in sub-paragraph (d) of this section. No transfer of these professors with military rank to other branches of the Army will be permitted: And provided, finally, That an officer below field rank design at ed as chief of an arm or service, or superintendent or Commandant of cadets in the Philippine Military Academy, may be promoted temporarily to the rank of major without vacating his permanent commission, such temporary rank being in addition to the authorized strength of the Officer Corps prescribed in sub-paragraph (d) of this section.
"(i) Upon his own application and with the approval of the Chief of Staff, any officer may be transferred at any time to a branch or service other than his owi without loss of rank: Provided, That no transfers to or from the Judge Advocate General' s Service, the Chaplain Service or the Medical Service shall be permitted. Transfers in time of war shall be made as prescribed by the Chief of Staff.
"(m) Transfers of reserve officers within their category shall be made under such rules as the President may prescribe.
"To the extent provided for from time to time by appropriations for this specific purpose, the President may order reserve officers to active duty at any time and for any period, but, except in time of a national emergency expressly declared by the National Assembly, no reserve officer shall be employed on active duty for more than six months in each five years without his own consent: Provided, however, That reserve officers who undergo extended tours of active duty voluntarily for any length of time and receive full pay and allowances therefor, shall not, by reason solely of such service, be exempt from duty with annual maneuvers or annual active duty training. Any reserve officer who fails or refuses to report for such duty, when so ordered, shall be punished as a court-martial may direct."
Section 9. Section twenty-three of said Act is amended to read as follows:
"Section 23. The General Staff Corps shall consist of the Chief of StafI, the Central General Staff and die General Staff with troops.
"(a) The Chief of Staff shall be directly subordinate to the President of the Philippines.
"Under the direction of the President of the Philippines, he shall cause to be made, by the Central General Staff, the necessary plans for recruiting, organizing, supplying, equipping, mobilizing, training and demobilizing the Army in peace and in war and for the use of the military forces for national defense. He shall render annually to the President, for transmission tc the National Assembly, a full report upon the condition of the Army of the Philippines including statements as to strength, cost, unexpended balances, requirements, and so on.
"(b) The Central General Staff shall consist of the Chief of Staff, the Deputy Chief of Staff, and such other officers of grades not below that of first lieutenant as the President may direct.
"It shall be the doty of the Central General Staff to prepare plans for the national defense and for the mobilization of the man-power and material resources of the nation in an emergency, to investigate and report upon all matters affecting die efficiency of the Army and its state of preparation for military operations; to perform such inspections of the Army as may he necessary to insure thoroughness and uniformity in training and compliance with regulations; to perform for die infantry, cavalry, artillery and air units and the Off-shore Patrol such functions as the Chief of Staff may prescribe; and to render professional aid and assistance to the Chief of Staff.
"(c) The General Staff with troops shall consist of such number of officers not below the grade of first lieutenant as may be necessary to perform the General Staff duties of the headquarters of divisions aid higher units.
"It shall be the duty of the Genera] Staff with troops to rmder professional aid and assistance to the general officers over them; to act as their agents in harmonizing the plans, duties and operations of the various organizations and services under their jurisdiction, in preparing detailed instructions for the execution of the plais of the commanding generals and in supervising the execution of such instructions."
Section 10. Section twenty-four of said Act is repealed.
Section 11. Section twenty-five of said Act, as amended is further amended to read as follows:
"Section 25. The Services shall consist of the following;
"(a) The Adjutant General's Service, the Judge Advocate General's Service, the Inspector General's Service, the Quartermaster Service, the Finance Service, the Medical Service, the Ordinance Service, aid the Chaplain Service. Each service shall consist of a Giief of Service and such assistants as the President may direct. The head of each service shall be responsible, under the supervision of the Chief of Staff, for the efficient performance of duties herein assigned to his service, aid for the execution of all instructions and orders issued him by the Chief of Staff.
"(b) The Adjutant General's Service shall be charged, under such regulations as the. Chief of Staff may prescribe, with the operating functions of procurement, assignments, promotion, transfer, retirement, and discharge of all officers and enlisted men of the Regular and Reserve Forces.
"(c) The Judge Advocate General's Service shall render such legal assistance as may be required by the military forces.
"(d) The Inspector General's Service shall be charged under such regulations as the Chief of Staff may prescribe, with the making of such inspections, investigations and reports as may be prescribed in regulations or directed by the Chief of Staff.
"(e) The Quartermaster Service shall be charged with the purchase, procurement, storage, and issue for the Army, of all supplies, except those whose procurement is assigned to other services; with the acquisition of real estate and the issue of license in connection with government military reservations; with the transportation of the Army by land and water, and with such other duties as may be required by law or directed by the Chief of Staff: Provided, That such commissioned technical assistants from other branches or services as may be required shall be detailed to the quartermaster Service for a period of not to exceed three years.
"(f) The Finance Service shall be charged with the disbursement of all funds for the national defense, the accounting of the sane, aid with such other fiscal duties as may be required by law or directed by the Chief of Staff: Provided, That under such regulations as the Chief of Staff may prescribed, officers of the finance Service, accountable for government moneys, may entrust such moneys to other officers for tile purpose of having thtm make disbursements as their agents, and the agent officer as well as the officer who entrusts the money to him shall be bonded and shall be held pecuniarily responsible to the Government of the Philippines.
"(g) The Medical Service shall consist of the Medical Corps, the Dental Corps, the Veterinary Corps, the Female Nurses, the Medical Administrative Cbi-ps and such other corps as may be created by the President. It shall be charged with all matters pertaining to th e physical examination, health and sanitation of personnel and animals of the Army.
"(h) The Ordnance Service, the Medical Service, the Air Corps, die Corps of Engineers, the Signal Corps, the Offshore Patrol, and the Chemical Corps shall be charged with the purchase, procurement, storage and issue of such special equipment, materials and supplies as applied to their respective services.
"These several arms and services are charged with the study, experiment and development of all special materials and equipment pertaining to them.
"(i) The Chaplain Service shall have charge of the religious welfare of the Army."
Section 12. Section twenty-seven of said Act is Emended to read as follows:
"Section 27. Any male citizen of the Philippines between and thirty years of age, able bodied, free from disease, of good moral character and habits, of average intelligence, and possessed of such educational attainments as may be prescribed, may be enlisted in the Regular Force under the following restrictions:
"(a) Enlistments shall be for a teim of three years, and may be made by the recruiting officers at stations of the Regular Force: Provided, That all enlistments in force at the outbreak of the war, or other grave national emergency, or entered into during its continuation, shall continue in force until six months after its teimination unless sooner terminated by the President.
"(b) Unmarried minors between eighteen and twenty-one years of age may be enlisted only on the written and duly attested consent of the father, the mother when she is the only surviving parent, or the publicly known guardian.
"(c) Enlistments for service in any province, except for the Regular Division, the Artillery Corps, and Air Corps, shall be from anong residents thereof. In so far as practicable, enlistments in those forces shall be apportioned among the various provinces of the Philippines. Any former soldier in the Philippine Aimy, the Philippine Constabulary, or The United States Army or Navy, of good character and faithful service, may be enlisted in the regular force: Provided, That he is physically qualified and that the difference between his age and his years of actual service shall not exceed thirty years."
Section 13. Section twenty-nine of said Act is amended to read as follows:
"Section 29. An enlisted man who shall have served honorably at least three years aid dbes not reenlist shall be exempted from further military service except in anational emergency. He shall be required, however, to register his address at the military headquarters nearest to his place of residence: Provided, That former soldiers of the Philippine Aimy, the Philippine Constabulary and the United States Amy or Navy, of good character and faithful service, may be allowed to enlist voluntarily in the reserve force and assigned to an organization thereof."
Section 14. Section thirty-one of said Act, as amended, is further Emended to read as follows:
"Section 31. The President is authorized to appoint to the Military Academy annually, subject to such physical and mental examinations as he may prescribe, the number of cadets necessary to maintain the Cadet Corps at a strength of not to exceed three hundred and fifty. Cadets shall be selected from among qualified candidates as hereinafter provided. Candidates for admission shall be single, in good physical condition, not less than seventeen nor more than twenty-two years of age, and shall be nominated by the Members of the National Assembly, each of whoic may nominate any number of candidates. The President shall appoint from among those who pass the physical and mental examinations with the highest ratings the number or numbers necessary to fill the existing vacancies: Provided, That a quota of three members of the Gidet Corps shall be allotted to each Assembly district: Provided, further, That in case no candidates from a given Assembly district attain the required minimum ratings, a second examination shall be given during the same year to nominees from that district. If on the second examination no candidate shall attain the required minimum rating, the vacancies in the district quota shall be filled by the President from successful candidates at large.
" The pay and allowance of students at the Military Academy shall be fixfid by the President.
"Any student who shall, after entrance to the Academy and before completion of the prescribed course of training, be found to be physically unfit for military duty by reason of injury incident to the service, shall be retired with the rank of cadet and shall be entitled to the retired pay and allowances of a third lieutenant of the Hegular Force.
"Upon satisfactory completion of the course of instruction at the Military Academy, candidates shall be commissioned third lieutenants in the Regular or Reserve Forces with relative rank in the order of final general standing as determined by the Academic Board, and approved by the Chief of Staff.
"The Academic Board of the Philippine Military Academy shall be composed of the Superintendent, the Commandant of Cadets, and the heads of the departments, and shall have the powers to confer the degree of badielor of science under such rales aid reflations as the Chief of Staff may prescribe, upon all cadets who may hereafter satisfactorily complete the approved course of studies.
"The Chief of Staff shall have authority to grant graduation leaves of absence with full pay to all graduates of the Military Academy, who receive commissions in the Regilar Force, for a period not exceeding one month effective upon the date of graduation.
"Cadets may be granted leaves of absences from the Military Acadony, under such rules and regulations as the Chief of Staff may prescribe.
"Academic leaves of absences without deduction fran pay or allowances may be authorized for the Superintendent, professors, assistant professors, instructors and other officers of the Military Academy for the entire period of the suspension of the ordinary academic studies, under such rules and regulations as the Chief of Staff may prescribe: Provided, That officers of the Reserve Force assigned for duty at the Military Academy shall be entitled to the same leave privileges as are authorized the officers of the Regular Force."
Section 15. Section forty-nine of said Act is amended to read as follows:
"Section 49. Any employee of the Government called for trainee instruction,or for regular annual active duty training, or for extended tour of active duty, shall not lose his position or suffer a loss of pay due to his absence in the fulfillment of his military obligations. A reserve officer on extended tour of active duty, regardless of the amount of his compensation in the civil position, shall be entitled to quarters or rental allowance as may be prescribed for his grade by Army regulations."
Section 16. Section fifty of said Act is amended to read as follows:
"Section 50. Mobilization centers shall be constituted as follows:
"(a) Mobilization centers shall be established for the purpose of providing storage for the aims, ecpipment, clothing, and records of units, other than those of the Regular Force, to be mobilized in a national emergency, of making provision in advance of mobilization for the necessary shelter for men and animals of such units during mobilization, and of reducing to a minimum the period necessary for mobilization.
"(b) One mobilization center shall be established for each battalion or similar unit or, when for the best interests of the Philippines, for regiments or larger units."
Section 17. Section fifty-two of said Act, as amended, is further amended to read as follows:
"Section 52. The obligation to undergo military training shall begin with youth in school, commencing at the age of ten years, and shall extend through his schooling until he shall reach the age of twenty-one years when he shall become subject to service with the colors. If at eighteen to twenty-one years of age the youth is not attending any school or college he shall enter the Junior Reserve subject to the exemptions prescribed in section eighty-seven of this Act. The training which he may undergo prior to the calendar year in which he attains twenty-one years of age shall be termed Preparatory Military Training.'
"All school girls shall receive such instruction and training as the Chief of Staff may deem necessary for auxiliary service.
"All able-bodied male citizens between the ages of twenty years and fifty-one years, both inclusive, except, those specifically exempted, shall be classified as follows:
"Trainees. - Those between the ages of twenty and twenty-one years who have been selected to receive military training.
"First Reserve. - Those between the ages of twenty-two and thirty-one years, both inclusive, and including also all those who have completed trainee instruction or its equivalent even though they may not have attained the age of twenty-two.
"Second Reserve. - Those betweai the ages of thirty-two years aid forty-one years, both inclusive.
"Third Reserve. - Those between the ages of forty-two years end fifty-one years, both inclusive.
Section 18. Section fifty-six of said Act is amended to read as follows:
"Section 56. On May fifteenth of each year, the Chief of Staff shall conduct a drawing which shall determine those registrants who are to be called for trainee instruction in the next calendar year. He shall cause immediate and thorough publication to be given of the names of those who shall have been drawn. Provincial Givemors shall be responsible that each young man in their province who shall have been drawn is notified at once of this fact."
Section 19. Section fifty-nine of said Act is amended to read as follows:
"Section 59. The following registrants are exempted from trainee instruction:
"(a) Ecclesiastics regularly ordained and serving as a member of the clergy and seninary students of a recognized church or sect.
"(b) Physicians properly certified and practicing as such.
"(c) Superintendents of penitaitiaries, corrective prisons, and insane asylums.
"(d) The personnel of the coast guard revenue cutter aid lighthouse inspection services.
"(e) Pilots, navigators and marine superintaidents.
"(f) Filipino citizens who are civil service eligibles and who are employed regularly by The United States Government: Provided, That those of trainee age who have been drafted for military instruction, upon cessation of their employment in the United States Government, shall enter upon such instruction should they be below thirty years of age.
Section 20. Section sixty-one of said Act, as amended, is further amended to read as follows:
"Section 61. Acceptance boards shall be appointed by the Secretary of National Defense for a term of three years. Boards shall be appointed for such municipalities and municipal districts as the population may recfiire. The Secretary of National Defense shall determine the number and location of Boards required for the administration of this law. They shall consist of five regular members and two or more alternates. Two regular members shall be physicians and where practicable two shall be officers of the Philippine Army stationed in the province. The Secretary of National Defense shall designate die Chairman of the Board. The alternates shall serve and attend the meetings of the Board, in the event of the absence, sickness or other inability of the regular members, upon call of the Chairman of the Board."
Section 21. Section seventy-one of said Act is emended to read as follows:
"Section 71. The District Commanders or their duly appointed assistants shall supervise the recruitment of the man-power in their districts. This responsibility shall extend to a supervision of registration and the administration and operation of all Acceptance Boards within the territorial limits of their commands. They shall have access at all times to the records pertaining to registration, examination, and classification. They shall report all irregularities coming to their attention to the Chief of Staff."
Section 22. Section seventy-two of said Act is amended to read as follows:
"Section 72. The Central Review Board shall consist of five citizens appointed by the Secretary of National Defense who shall designate the Chairman of the Board. One member shall be an officer of the Philippine Army, representing the Chief of Staff. Initially, one member shall be appointed for five years, one member for four years,one member for three years, one member for two years, and the remaining member for one year. Thereafter, all appointments shall be for five years. In case any vacancy occurs before the expiration of the term of office of any member, his successor shall serve only the unexpired portion of said term. No member shall be eligible for reappointment. Upon the expiration of the term of office of the Chairman, that office shall devolve upon the menber having the longest service on the Board. The Board shall hold its session in the City of Manila."
Section 23. Section seventy-three of said Act is amended to read as follows:
"Section 73. Decision in all matters before tiie Board shall be by majority vote. The Hoard shall have authority to employ such staff of assistants and the services of necessary medical examiners as may be authorized by the Secretary of National Defense."
Section 24. Section seventy-six of said Act is amended to read as follows:
"Section 76. Upon reporting at the designated training station the young mail shall be examined physically, and, if fit for the service of his classification, he shall be assigned to duty with an organization and sworn in. If the exanination discloses any cause for a change in his classification, the change shall be effected by the local Commander immediately and his assignment to training instruction varied accordingly. Where a change of station is necessary to provide the requisite training, the Commanding Officer shall be empowered to issue the necessary orders covering his trensportation. Upon joining his organization, he shall be sworn in. In case of physical disability disqualifying him for military service, he shall be returned to his home and prompt report made of such action to the Chief of Staff and to the Mayor of the municipality or municipal district of his residence."
Section 25. Section seventy-eight of said Act, is further amended to read as follows:
"Section 78. On completion of his training instruction the trainee shall pass into the First Reserve he shall be assigned to an organization. He shall continue to serve in the first Reserve to include the calendar year in which he shall reach thirty-one years of age. On December thirty-first of die year in which he shall become thirty-one, years of age, he shall be transferred to the Second Reserve where he shall be assigned to an organization in that echelon. He shall serve in the Second Reserve to include the calendar year in which he shall become forty-one years of age. On December thirty-first of the calendar year in which he shall become forty-one years of age, he shall be transferred to the Third Reserve in which he may be assigned to an organization. He shall serve in this class until he shall be fifty-one years of age."
Section 26. There is inserted between section seventy-eight and section seventy-nine of said Act a new section known as section seventy-eight-A, which shall read as follows:
"Section 78-A. It shall be the duty of all reservists, between the ages of twenty-one and fifty-one years, inclusive, whether they belong to the commissioned, enlisted or other relative grales, to register their nrnies with the municipal secretary of the municipality or city of their temporary or permanent residence. For the purpose of this registration, each municipal secretary shall be furnished a registry book by the Chief of Staff. The registry book will contain such data as the Chief of Staff may prescribe: Provided, however, That the duties herein prescribed for municipal secretaries dial be performed by the Chiefs of Police in chartered cities."
Section 27. Section seventy-nine of said Act is amended to read as follows:
"Section 79. Enlisted men of the Reserve Force shall report for physical examination as may be required by the Secretary of additional Defense."
Section 28. Section eighty-three of said Act is amended to real as follows:
"Section 83. The physically unfit shall not be required to undergo military training. Physical fitness shall be determined by a board of medical officers which shall be appointed ly the District Commander."
Section 29. Section eighty-four of said Act is amended to read as follows:
"Section 84. The District Commander is charged with the supervision of preparatory military training which shall be divided by age and school classes, as follows:
"(a) Junior cadets; above ten years of age, attending primary and intermediate schools.
"(b) High school cadets: attending high or vocational schools.
"(c) Junior Reserves: Eighteen to twenty years of age, both inclusive; young men not attending school or college."
Section 30. Section eighty-five of said Act is amended to read as follows:
"Section 85. Instructors for cadets shall be assigned by the District Commander from the qualified male teachers in the provincial schools who are members of the Reserve Force.
"Instructors for the Junior Reserve shall be assigned by the District Commander from the officers and men of the Regular Force or of the Reserve Force stationed in the District."
Section 31.- Section eighty-seven of said Act is amended to read as follows:
"Section 87. The following persons are exempted from training in the Junior Reserve: Those who are found physically unfit by a medical board; those who are living abroad; and those undergoing any other form of authorized military instruction."
Section 32. Section eighty-eight of said Act is amended to read as follows:
"Section 88. Parents and employers shall be reqiired to compel attendance at preparatory military training. Upon conviction of deliberate failure to discharge this obligation, the responsible parent or employer or both shall be subject to a fine of not to exceed one hundred pesos.
"Enrollment in each category of preparatory military training shall be accomplished at such times and under such regulations as the Secretary of National Defense may prescribe."
Section 33. Section eighty-nine of said Act, as amended, is further amended to read as follows:
"Section 89. The grades aid pay of enlisted men shall be as follows:
"(a) Monthly base pay for enlisted men of the Regular Force shall be as follows:
| Master sergeants |
P45.00 |
| First sergeants |
42.50 |
| Technical sergeants |
40.50 |
| Staff sergeants |
36.00 |
| Sergeants |
30.00 |
| Corporals |
22.00 |
| First-class privates |
17.00 |
| Privates |
14.00 |
Air Corps:
| Master sergeants |
P85.00 |
| Technical sergeants |
80.00 |
| Staff sergeants |
75.00 |
| First sergeants |
42.00 |
| Sergeants |
36.00 |
| Corporals |
27.00 |
| First-class privates |
22.00 |
| Privates |
17.00 |
Medical service:
| Master sergeants |
45.00 |
| First sergeants |
42.50 |
| Technical sergeants |
40.50 |
| Sergeants |
36.00 |
| Corporals |
28.00 |
| Privates |
22.00 |
Constabulary band:
| Assistant conductor of the band |
120.00 |
| Soloist professors |
80.00 |
| First-class musicians |
64.00 |
| Second-class musicians |
56.00 |
"An enlisted man of the Regular Force who shall reenlist within two months after his discharge by reason of the expiration of his enlistment shall receive a reenlistment bonus of one month's pay of the grade held at the time of his discharge: Provided, That due to the necessity for technically trained enlisted personnel to properly maintain flying equipment, those enlisted men not to exceed fourteen per centum of the entire enlisted personnel of die unit who qualify as air mechanic, first, second, and third classes, shall receive a monthly pay of severity-fi ve pesos, fifty pesos, and twenty-five pesos respectively: Provided, further, That all enlisted men or air mechanics of the Air Corps who have been rendering service, to the Philippine Army Air Corps prior to the date this law takes effect, shall receive the benefits of this Act: Provided, still further, That under such regulations as the Secretary of National Defense shall prescribe, enlisted men of any grade except members of the constabulary band and enlisted men of the air corps, may be rated as specialists and receive extra pay therefor per month as follows:
| First class |
P60.00 |
| Second class |
50.00 |
| Third class |
40.00 |
| Fourth class |
30.00 |
| Fift class |
20.00 |
| Sixth class |
10.00 |
| Seventh class |
8.00 |
| Eighth class |
6.00 |
| Ninth class |
3.00 |
And provided, finally, That nothing in this section shall operate to reduce the pay which any enlisted man is now receiving during his current enlistment and while he holds his present grade as a result of this classification.
"Enlisted men shall, in addition, be entitled to rations, barracks accommodations, medical attendance, and clothing as may be prescribed in regulations. To each enlisted man not furnished quarters or rations in kind, there shall be granted, under such regulations as the Secretary of National Defense may prescribe, an allowance for quarters aid subsistence, the value of which shall not exceed one peso per day.
The total number of authorized enlisted men in each grade shall be as the President, may direct.
"(b) Grades and pay of enlisted men of the Reserve shall be the same as those of the Regular Force, except that enlisted men shall receive no pay while on tn inactive status, or while undergoing annual active duty training: provided, That in time of energency, where a partial or fill mobilization has been declared by the President, reservists shall draw pay and allowances as may be prescribed by the President."
Section 34. Section ninety of said Act, as amended, is further amended to read as follows:
"Section 90. The annual rates o f pay and allowances, to be paid monthly, for officers of the Regular Force, Female Nurses and for reserve officers ordered to extended tours of active duty, except probationary third lieutenants, shall be as may be prescribed by the President in Executive Orders. Pending issue of appropriate Executive Orders, the rates of pay and allowances now prescribed for officers of the Constabulary shall apply to the officers desiffiated in this section: Provided, That due to the high mortality rate among flying personnel, officers whose duty requires regular and frequency aerial flights, shall receive cm additional compensation equivalent to twenty-five per centum of the monthly pay received by non-flying personnel of the same rank and grade."
Section 35. There is inserted between section ninety-A and section ninety-one a new section known as section ninety-B, which shall read as follows:
"Section 90-B. In the case of an enlisted man of the Regular Force, an injury or disease shall be considered as contracted in line of duty when it is acquired in the service for reasons other than his owi misconduct, willful failure, the intemperate use of drugs or alcoholic liquor, or through vicious or immoral habits."
Section 36. Section ninety-one of said Act, as amended, is further amended to read as follows:
"Section 91. Young men undergoing trainee instruction shall receive five centavos per day, in addition to meals and barracks accommodations, medical attention, clothing and transportation: Provided, That any trainee who may serve with the colors longer than five and one-half months except for those who may be required by regulations to serve additional periods as a result of their owi misconduct or unauthorized absences during the course of their normal trainee allowances provided for trainees, the sum of five pesos for each additional months so served."
Section 37. Section ninety-two of said Act, as amended, is further an ended to read as follows:
"Section 92. Individuals undergoing training in the grade of probationary third lieutenant shall receive pay as provided in the preceding section for trainees of more than five and one-half montiis service, except that they shall receive such allowances in cash or in kind as the Chief of Staff may prescribe."
Section 38. Section ninety-four of said Act is amended to read as follows:
"Section 94. Reserve Officers and enlisted members of the Reserve Force on annual active duty training shall receive no pay. They shall be furnished subsistence and suitable quarters while engaged on such duty. They shall be furnished transportation or reimbursement therefor, for the travel from their home to the place of active duty and return thereto.
Section 39. Section ninety-seven of said Act, as anended is further amended to read as follows:
"Section 97. Public funds for the defense of the Philippines shall be appropriated, expmded, and accounted for according to six purposes, as follows:
I. Pay and Allowances of Personnel.
II. Maintenance of Personnel.
III. Transporta tion.
IV. Annament, Equipment, and Supplies.
V. Construction.
VI. Miscellaneous.
Provided, That each purpose shall be divided into items as hereinafter described: Provided, further, That for a period of ten years following the passage of this Act, all funds appropriated for any of the above purposes and remaining unexpeided at the end of each fiscal year shall be available in succeeding fiscal years for expenditure under the same purposes only, unless otherwise authorized by the President: Provided, finally, That the President may authorize and direct that purchases of any or all items needed by the Army under any of the above purposes shall be made under the direction of the Chief of Staff without the intervention of the Division of Purchase and Supply of the Department of Finance, any provision of existing law to the contrary not-withstanding.
PURPOSE I. - PERSONNEL
"This purpose shall include the following items Base pay, longevity pay, commutation of quarters, and clothing allowance of officers and enlisted men of the Regular and Reserve Forces, the pay and allowance of cadets at the Military Academy, the wages and salaries of civilian employees, agents, and unskilled laborers, the allowances provided by law for persons undergoing trainee instruction, Reserve Officers Training Corps instruction, and Preparatory Military Training and the amount or amounts amually appropriated for the Paision aid Retirement Fund of the Army.
PURPOSE II. - MAINTENANCE OF PERSONNEL
"This purpose shall include the following items: Subsistence, sanitation and hospitalization, and quartering of the Regular Force and of the Reserve Force when on active duty, including the limiting, heating, and upkeep of all buildings necessary to the National Defense; the training and education of the Regular and Reserve Forces and of persons undergoing trainee instruction, Reserve Officers Training Corps instruction, and Preparatory Mili tary education, for the welfare of the Army, and for burial of members of the Army who die in active service.
PURPOSE III. - TRANSPORTATION
"This purpose shall include the following items: Ihe authorized travel expenses as fixed by regulations of the civil and military personnel of the Army, the authorized transportation of trainees to and from their homes, the authorized travel expenditure of members of the Reserve Force on active duty or vhen called for regular annual training, the purchase and maintenance of animal and water transportation, the maintenance and upkeep of motor transportation, and the packing and transportation of all armament, equipment, and supplies.ℒαwρhi৷
PURPOSE IV. - ARMAMENT, EQUIPMENT AND SUPPLIES
"This purpose shall include the following items: Weapons and their component parts, signal, and engineer equipment and supplies, ammunition, quartermaster, medical and air corps supplies and equipment, the supplies for the maintenance and upkeep o f mobilization centers, and all items necessary in the development of the National Defense Forces.
PURPOSE V. - CONSTRUCTION
"This purpose shall include the construction of laid and sea-coast defenses, the construction of barracks, garters, hospitals, depots, arsenals and all other buildings required for the National Defense, and the acquisition of real estate.
PURPOSE VI. - MISCELLANEOUS EXPENDITURES
"This purpose shall include the miscellaneous expenditures of the various arms and services of the Military Establishment and of the Central General Staff as determined by the President, and the contingencies of the Army: Provided That the Philippine Amy is granted the franking privilege for its official mail and authorized to use penalty envelopes under such rules and regulations as may be prescribed by the President: And provided, further. That a moneys derived from the sale of products and other activities shall be expended as the. Chief of Staff may direct, subject to the approval of the Secretary of National Defense"
Section 40. This Act shall take effect upon its approval.
Approved, June 7, 1940.
The Lawphil Project - Arellano Law Foundation
