AN ACT TO ESTABLISH THE PHILIPPINE MILITIA, PROVIDE FOR THE ENROLLMENT OF THE UNORGANIZED MILITIA, AND THE FORMATION, ORGANIZATION AND GOVERNMENT OF THE ORGANIZED MILITIA OF THE PHILIPPINE ISLANDS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

• Number: Act No. 2715
• Sections: 103

Section 1

SECTION 1. The short title of this Act shall be "The Militia Act."

Section 2

SEC. 2. The militia shall consist, first, of every able-bodied male citizen of the Philippine Islands who is more than eighteen and not more than forty-five years of age, except as hereinafter provided, and second, of American citizens who may be enrolled or appointed in the National Guard.

Section 3

SEC. 3. Judicial and administrative officers of the Insular Government and of the different provinces of the Philippine Islands, including the Department of Mindanao and Sulu; persons in the military or naval service of the United States and of the Philippine Islands; clerks of the Bureau of Customs, letter carriers, artificers and workmen employed in the armories, arsenals and dockyards of the United States and of the Philippine Islands, and harbor pilots, shall be exempt from duty in the militia, regardless of their age.

Section 4

SEC. 4. The militia shall be divided into two classes: First, regularly enlisted militia between the ages of eighteen and forty-five years, organized, armed and equipped as hereinafter provided, and commissioned officers between the ages of twenty-one and sixty-four years, which shall be designated and known as the National Guard; and, second, the reserve militia.

Section 5

SEC. 5. The Governor-General shall be Commander in Chief of all the militia.

Section 6

SEC. 6. When it is necessary to execute the laws, repress or repel invasion or to quell disturbances or riots, or when a requisition shall be made by the President of the United States for troops, the Governor-General, as Commander in Chief, may by proclamation require the enrollment of the reserve militia or such portion thereof as may be necessary, and he shall appoint the necessary enrolling officers and prescribe their duties, issuing all proper orders that may be required in the premises.

The Governor-General, as Commander in Chief, shall provide for the organization of the land forces of the reserve militia into companies or batteries, battalions or squadrons, regiments, brigades and divisions; he shall designate the places of rendezvous and of supply depots and prescribe the necessary measures so that the enrollment may be, at all times, prompt, orderly, and efficient.

Section 7

SEC. 7. The organized militia under the designation of the National Guard shall consist of not more than nine regiments of infantry, one squadron of cavalry, one regiment of field artillery, four companies of coast artillery, brigade, division and general headquarters with their detachments and troops, the general officers commanding the divisions and brigades, an adjutant-general's department, an inspector-general's department, a judge-advocate-general's department, a quartermaster corps, a medical department, a corps of engineers, an ordnance department, and a signal corps. These troops shall constitute a general headquarters and complete division, which division shall be under the command of a major-general.

Section 8

SEC. 8. As soon as may be practicable after the passage of this Act the Governor-General shall be authorized to organize, equip, and muster into the National Guard three regiments of infantry of three battalions each, one troop of cavalry, two batteries of field artillery, two companies- of coast artillery, the brigade, division and general headquarters with their detachments and troops, an adjutant-general's department, an inspector general's department, a judge-advocate-general's department, a quartermaster corps, a medical department, an engineer corps, an ordnance department, and a signal corps.

These troops shall constitute a general headquarters and a provisional division, which division shall be under the command of a division general. Each brigade shall be under the command of a brigadier-general. In the absence of the division commander or of a brigade commander the command of the division or brigade shall devolve on the next highest line officer present until such time as the Commander in Chief may designate the officer to command.

Section 9

SEC. 9. The general headquarters shall consist of the adjutant-general, inspector general, judge-advocate-general, chief quartermaster, surgeon general, chief of engineers, chief of ordnance, chief signal officer, and such officers and enlisted men of these staff corps as are not assigned or detailed to duty with the division or brigades. It shall also include three aides of the Commander in Chief who shall not be of higher rank than major and who shall be detailed by the Commander in Chief from the commissioned officers of the National Guard. The Commander in Chief may detail such officers and enlisted men as he may see fit for special duty with the general headquarters.

Section 10

SEC. 10. Each division and brigade shall consist of such troops as may be assigned to it by the Commander in Chief.

Section 11

SEC. 11. The division staff shall consist of the following officers who shall be detailed from the different staff corps and departments: one adjutant-general, lieutenant-colonel, adjutant-general's department; one inspector general, lieutenant-colonel, inspector-general's department; one judge-advocate, lieutenant-colonel, judge-advocate-general's department; one chief quartermaster, lieutenant-colonel, quartermaster corps; one chief surgeon, lieutenant-colonel, medical department; one chief engineer, lieutenant-colonel, corps of engineers; one chief ordnance officer, lieutenant-colonel, ordnance department; one chief signal officer, lieutenant-colonel, signal corps; and three aides, captains or lieutenants of the National Guard, and such other officers as may from time to time be detailed from the National Guard for duty with the division.

Section 12

SEC. 12. Each brigade staff shall consist of the following officers who shall be detailed from the different staff corps and departments: One adjutant-general, major, adjutant-general's department; one inspector general, major, inspector-general's department; one judge-advocate, major, judge-advocate-general's department; one quartermaster, major, quartermaster corps; one surgeon, major, medical department; one engineer officer, major, engineer corps; one ordnance officer, major, ordnance department; one signal officer, major, signal corps; and two aides, lieutenants of the National Guard; and such other officers as may be detailed from time to time from the National Guard for duty with the brigade.

Section 13

SEC. 13. Each regiment of infantry shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, sixteen first lieutenants, fifteen second lieutenants, one headquarters company, one machine gun company, one supply company, and twelve infantry companies organized into three battalions of four companies each.

Each infantry battalion shall consist of one major, one first lieutenant, mounted (battalion adjutant), and four companies.

Each infantry company in battalion shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one mess sergeant, one supply sergeant, six sergeants, eleven corporals, two cooks, two buglers, one mechanic, nineteen privates (first class), and fifty-six privates.

Each infantry headquarters company shall consist of one captain, mounted (regimental adjutant), one regimental sergeant-major, mounted; three battalion sergeants-major, mounted; one first sergeant (drum major) ; two color sergeants ; one mess sergeant; one supply sergeant; one stable sergeant; one sergeant; two cooks; one horseshoer; one band leader; one assistant band leader; one sergeant bugler; two band sergeants; four band corporals; two musicians, first class; four musicians, second class; thirteen musicians, third class; four privates, first class, mounted; and twelve privates, mounted.

Each infantry machine gun company shall consist of one captain, mounted; one first lieutenant, mounted; two second lieutenants, mounted; one first sergeant, mounted; one mess sergeant; one supply sergeant, mounted; one stable sergeant, mounted; one horseshoer; five sergeants; six corporals; two cooks; two buglers; one mechanic; eight privates (first class) ; and twenty-four privates.

Each infantry supply company shall consist of one captain, mounted; one second lieutenant, mounted; three regimental -supply sergeants, mounted; one first sergeant, mounted; one mess sergeant; one stable sergeant; one corporal, mounted; one cook; one saddler; one horseshoer; and one wagoner for each wagon of the field and combat train: Provided, That the Governor-General may, in his discretion, increase a company of infantry by two sergeants, six corporals, one cook, one mechanic, nine privates (first class), and thirty-one privates; an infantry machine gun company by two sergeants, two corporals, one mechanic, four privates (first class), and twelve privates.

The commissioned officers required for the infantry headquarters, supply and machine gun companies and for the companies organized into battalions shall be assigned from those hereinbefore authorized.

Section 14

SEC. 14. A squadron of cavalry shall consist of one major, one first lieutenant (squadron adjutant), and four troops. A troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one mess sergeant, one supply sergeant, one stable sergeant, five sergeants, eight corporals, two cooks, two horseshoers, one saddler, two buglers, ten privates (first class), and thirty-six privates.

Section 15

SEC. 15. A regiment of field artillery shall consist of one colonel, one lieutenant-colonel, one headquarters company, one supply company, and such number of gun and howitzer batteries as the Commander in Chief may direct.

Each battery of field artillery shall consist of one captain, two first lieutenants, two second lieutenants, one first sergeant, one supply sergeant, one stable sergeant, one mess sergeant, one packmaster sergeant (first class), six sergeants, one assistant packmaster sergeant, one cargador corpora], thirteen corporals, one chief mechanic, one saddler, two horseshoers, one mechanic, two buglers, three cooks, twenty-two privates (first class), and seventy-one privates.

Section 16

SEC. 16. Each company of coast artillery shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one supply sergeant, eight sergeants, twelve corporals, two cooks, two mechanics, two buglers, twenty privates (first class), and sixty privates (second class).

Section 17

SEC. 17. The adjutant-general's department shall consist of an adjutant-general, with the rank of brigadier-general; one assistant adjutant-general, with the rank of colonel, who shall assist the adjutant-general in the discharge of his duties generally, and who shall perform the duties of the adjutant-general in the absence or disability of the adjutant-general; two assistant adjutants-general, with the rank of lieutenant-colonel; three assistant adjutants-general, with the rank of major, and the inspector instructors that may be appointed by the Commander in Chief. Inspector instructors shall have the rank of captain and their number shall not exceed five for each brigade of troops. They shall either be originally appointed by the Commander in Chief as inspector instructors or detailed by him from the officers of the National Guard.

Section 18

SEC. 18. The adjutant-general shall issue and transmit 0 all orders of the Commander in Chief with reference to the militia and military organizations of the Philippine Islands, and shall keep a record of all officers commissioned by the Governor-General and all general and special orders and regulations, and all such matters as pertain to the organization of the Insular militia and the National Guard, and perform the duties of adjutant-general, chief of staff, quartermaster general and chief of ordnance. He shall have charge of the insular armory, arsenal and arsenal grounds, and all military camps and target ranges, and shall receive and issue all ordnance stores, clothing, camp and garrison equipage, subsistence stores and all other public property pertaining to the military forces of the Philippine Islands, on the order of the Commander in Chief. The adjutant-general and the assistant adjutant-general shall receive for their services the pay fixed by law. The adjutant-general may appoint, with the approval of the Governor-General, an ordnance sergeant to be permanently on duty at the general headquarters of the National Guard with the pay fixed by law. The adjutant-general shall furnish, at public expense, all blank books, blanks and forms, and such military instruction books as shall be approved by the Commander in Chief. He shall also, on or before the first day next preceding the regular session of the Legislature, make out a full and detailed report of all the transactions of his office, with the receipts and expenditures of the same for the preceding year. In preparing his account of the money paid out and expended, he will group the expenditures made from each separate appropriation under the following subheads or titles:

NATIONAL GUARD.

Armory, rent, fuel, light, janitor, et cetera.

Camp and garrison equipage, clothing and equipment.

Pay of officers and troops for camp duty, and other duties ordei'ed by the Commander in Chief.

Transportation of officers and troops.

Subsistence of troops at each camp of instruction, practice march, or other duty ordered by the Commander in Chief.

Horse hire and forage.

Target practice, including all expenses connected there- with, except pay of officers and enlisted men and civil employees.

Pay of officers, clerks, enlisted men, and civil employees with permanent salaries.

Miscellaneous expenses.

Total expenditures.

The adjutant-general shall also report the total unexpended balance of appropriation on hand, and shall also report upon such other matters at such time as shall be required by the Governor-General.

The adjutant-general and assistant adjutant-general shall each reside at the Insular capital and hold their respective offices during the pleasure of the Governor-General.

Section 19

SEC. 19. Stores, supplies and equipment for the National Guard not issued by the United States Government shall be obtained through the Bureau of Supply on requisitions drawn by the adjutant-general.

Section 20

Sec. 20. The inspector general's department shall consist of one inspector general, with the rank of colonel; one inspector general with the rank of lieutenant-colonel, and three inspectors general with the rank of major.

Section 21

SEC. 21. The judge-advocate-general's department shall consist of one judge-advocate-general, with the rank of colonel; one judge-advocate with the rank of lieutenant-colonel, and three judge-advocates, with the rank of major.

Section 22

SEC. 22. The quartermaster corps shall consist of the adjutant-general acting as quartermaster-general; one assistant chief quartermaster, with the rank of colonel; three assistant quartermasters-general, with the rank of lieutenant-colonel; four majors, and eight captains.

The total enlisted strength of the quartermaster corps and the number in each grade shall be limited and fixed and shall be assigned to station and duties by the Governor-General from time to time in accordance with the actual needs of the National Guard, and shall consist of quartermaster-sergeants, sergeants, corporals, cooks, privates (first class), and privates.

The actual number in each grade at any one time shall not exceed the following: eight quartermaster-sergeants; twenty sergeants; thirty corporals; twelve cooks; fifty privates, first class; one hundred privates.

Section 23

SEC. 23. The medical department shall consist of one surgeon-general, with the rank of colonel; two lieutenant-colonels; seven majors; sixteen captains; eight first lieutenants; five dental surgeons, with the rank of first lieutenant ; one veterinarian, with the rank of second lieutenant; six master hospital sergeants; eighteen hospital sergeants, first class; fourteen sergeants; thirty-two corporals; thirty-eight privates, first class, and one hundred and eighteen privates.

Section 24

SEC. 24. The corps of engineers shall consist of one chief of engineers, with the rank of colonel; one lieutenant-colonel; three majors; six captains; eight first lieutenants; five second lieutenants; and the battalion and companies of engineers hereinafter enumerated.

The battalion of engineers shall consist of one major and one captain detailed from the officers herein before authorized; one battalion sergeant-major; three master engineers, junior grade, and three companies.

Each engineer company shall consist of one captain, two first lieutenants, and one second lieutenant detailed from the officers herein before authorized; one first sergeant; three sergeants, first class; one mess sergeant, one supply sergeant, one stable sergeant, six sergeants, twelve corporals, one horseshoer, two buglers, one saddler, two cooks, nineteen privates (first class), and fifty-nine privates.

The Governor-General may, in his discretion, increase the battalion by three master engineers, junior grade, and each engineer company by two sergeants, six corporals, one cook, twelve privates (first class), and thirty-four privates.

Section 25

SEC. 25. The ordnance department shall consist of the-adjutant-general as chief of ordnance, one assistant chief' of ordnance, with the rank of colonel; two assistant chiefs of ordnance, with the rank of lieutenant-colonel; three majors, and eight captains.

Section 26

SEC. 26. The signal corps shall consist of one chief signal officer, with the rank of colonel; one lieutenant-colonel, three majors, and six captains; twenty-one first lieutenants and an aviation section, which shall consist of one major, four captains, and ten first lieutenants; three master signal electricians, six sergeants (first class), twelve sergeants, twelve corporals, four cooks, and a maximum of one hundred privates.

Section 27

SEC. 27. The Commander in Chief is authorized to appoint one chaplain with the rank of captain for each regiment and one chaplain with the rank of first lieutenant for each separate squadron, battalion, or corps.

Section 28

SEC. 28. After the organization of the troops provided for by section eight of this Act the Commander in Chief shall from time to time add such units to the National Guard as in his opinion are necessary or desirable, until the National Guard shall conform to the requirements of section seven; but the National Guard under this organization shall not exceed a total strength of twenty-five thousand officers and enlisted men.

Section 29

SEC. 29. There shall be a Militia Commission which shall consist of the Secretary of the Interior, the Presidents of both Houses or their representatives, the Secretary of Finance, the Secretary of Justice, and two other members to be appointed by the Governor-General. Said Commission, which shall organize as may be deemed most efficient and convenient, shall have the powers and exercise the duties prescribed by law, and in general., shall advise the Governor-General in those measures of general or permanent character relative to the organization, equipment and government of the National Guard and the reserve militia.

Section 30

SEC. 30. All officers of the National Guard shall be appointed and commissioned by the Commander in Chief after such physical and mental examination and such practical tests of efficiency as may be prescribed by rules and regulations. Officers shall hold their commissions at the pleasure of the Commander in Chief or until separated by resignation, retirement or desertion, or by sentence of a general court-martial or finding of an efficiency board. Non-commissioned officers of the staff corps and departments shall be appointed by the chief officer of their corps or department. Non-commissioned staff officers of regiments, battalions, and squadrons shall be appointed by the commanding officer of the regiment, battalion, or squadron to which they belong. Non-commissioned officers of companies and batteries shall be appointed on the recommendation of their company or battery commanders by the commanding officer of the regiment, battalion, or squadron to which they belong. All appointments of non-commissioned officers shall be by warrant and non-commissioned officers shall hold their positions at the will of the officer commanding them.

Section 31

SEC. 31. Whenever any company of the National Guard shall be reduced to a number that in the opinion of the Commander in Chief is not sufficient for efficient service, it may be disbanded or consolidated with another company by the Commander in Chief.

Section 32

SEC. 32. The Commander in Chief is hereby authorized to make rules and regulations, with the advice of the Militia Commission, for the government and discipline of the National Guard, which rules and regulations shall conform to the Philippine laws and as nearly as practicable to the laws and regulations for the government of the Army of the United States.

Section 33

SEC. 33. The organization, armament, equipment, uniform, discipline, and government of the National Guard not otherwise provided for in this Act or in general regulations shall conform to the regulations, customs, and usages of the Army of the United States.

Section 34

SEC. 34. For the purpose of determining the fitness of applicants for commission in the National Guard units about to be formed, the Commander in Chief may appoint a board of four officers, one of whom shall be a medical officer, whose duty it shall be to proceed to the locality where the unit is to be formed and ascertain the fitness and general efficiency of those who offer themselves or who are suggested to the board as suitable for commissioned officers and make a report of the result of their observation and examination through the adjutant-general to the Commander in Chief.

Section 35

SEC. 35. The adjutant-general shall keep a careful record of the zeal, ability, attention to duty, and general fitness of the officers of the National Guard. This record shall be made up from the reports made by the inspectors, inspector instructors, the commanding officers of brigades, regiments, and battalions and of the chief officers of the different staff corps and departments.

Section 36

SEC. 36. The Commander in Chief shall detail a board of officers at general headquarters whose duty it shall be to examine these records and reports and make recommendations on the same to the Commander in Chief.

The Commander in Chief may at any time appoint an examining board of not more than five officers, one of whom shall be a medical officer, whose duty it shall be to examine and inquire into the mental, moral, professional, and physical fitness of officers due or recommended for promotion, and make a report on the same to the Commander in Chief.

Section 37

SEC. 37. Officers of the National Guard believed to be incapacitated for the proper performance of their duties by reason of the acquiring1 of undesirable habits, either of appetite, temperament, or morals, or by reason of negligence or slothfulness, may be ordered before a board of officers on the recommendation of their immediate commanding officer, or any superior commanding officer, which recommendation shall set out fully the reasons or causes which make it undesirable that such officer should longer continue in the service.

Section 38

SEC. 38. Whenever a recommendation is made pursuant to the provisions of the preceding section, and such recommendation is approved by superior commanders, it shall be the duty of the Commander in Chief to convene a board, consisting of not less than three nor more than five officers, senior in rank to the officer to be examined or of a different arm or corps, one at least of whom shall be a medical officer, to examine into the matter of such recommendation and the conduct and qualifications of the officer who is the subject thereof, and report to the Commander in Chief, through the adjutant-general, whether or not they approve such recommendation; if such recommendation is approved by the board of officers, then the officer who is the subject thereof shall be discharged from the military service and his commission vacated.

Section 39

SEC. 39. The commanding officer of each regiment, battalion, company, battery, engineer company, signal corps, detachment or section of any detachment, may order weekly or semiweekly drills. The minimum number of such drills so ordered shall be forty-eight in any one year, and such ' commanding officer may order such parades, maneuvers and exercises in addition to the regular drills as the proper instruction of his command and the proper observance of legal holidays may make necessary.

Section 40

SEC. 40. The Commander in Chief may order a tour of camp or field duty for the National Guard of not less than eight nor more than twelve days annually, and may extend the time of such tours a greater number of days than twelve, without expense to the Insular Government for pay and subsistence for such number of days exceeding twelve. When proper facilities exist, a portion of the time allotted to field training shall be devoted to target practice.

Section 41

SEC. 41. The commanding officer of any encampment or parade may cause those under his command to perform any field or camp duty he shall require, and may put under ' arrest during such encampment or parade, any member of his command who shall disobey a superior officer or be guilty of disorderly or unmilitary conduct, and any other person who shall trespass on the parade or encampment ground, or in any way interrupt or molest the orderly discharge of duty by the members of his command, and he may prohibit the sale of all spirituous or malt liquors within one mile of such encampment, and enforce such prohibition by force if necessary: Provided, however, That nothing herein contained shall be construed to interfere with the regular business of any liquor dealer whose place of business shall be situated within said limits before the commencement of said encampment.

Section 42

SEC. 42. Upon the muster in of any new organization in the National Guard, on the requisition of its commanding officer and the approval of the Commander in Chief, the adjutant-general shall issue all necessary clothing, equipage, ordnance stores, arms and munitions, and all other public property which may be necessary: Provided, however, That before the delivery of any clothing, equipage, ordnance stores, arms, or munitions to any commander, he shall execute and deliver to the adjutant-general a bond, payable to the Filipino people, in a sufficient amount, and with sufficient security, to be approved by the Commander in Chief, conditioned for the proper use of such clothing, equipage, ordnance stores, arms and munitions, and the return of the same, when requested by the proper officer, in good order, wear, use, and unavoidable loss and damage excepted. All such clothing, equipage, ordnance stores, arms and munitions, shall be kept at the company, regimental, or division armory, and the same shall not be removed there from for any purpose whatsoever, except for regular drills or when authorized by the commanding officer.

Section 43

SEC. 43. The inspector general or any of his assistants shall critically inspect at least once in each year all the arsenals, camp grounds and target ranges of the Philippine Government and all public property of every kind and nature, stored therein or pertaining thereto, and make full report upon proper blanks to the Commander in Chief, through the adjutant-general, of the condition of such arsenals, camp grounds, and target ranges, and the condition, quantity and approximate value of all camp and garrison equipage, military stores, arms, accouterments and arsenal stores on hand, and accompany said report with such recommendations as to the care and preservation of said property, and the disposition of worn-out and unserviceable property as he deems expedient and proper.

Section 44

SEC. 44. The entire National Guard shall be inspected at their home stations at least once in each year by the inspector general or an assistant inspector general, or an acting assistant inspector general, specially detailed for the purpose by the Commander in Chief. The officer conducting such inspection shall carefully inspect all ordnance stores, clothing, equipage, books, records and property belonging to the Insular Government and to the Government of the United States, and the commanding officer of the organization undergoing inspection shall furnish said inspector with all necessary information, data and assistance to that end. And said inspector shall also examine and inquire into the method and scope of instruction as conducted by the commanding officer, the knowledge of and familiarity with the various duties on the part of officers and non-commissioned officers, also inform himself of the status of the organization undergoing inspection in the community where it is stationed and whether or not it merits or receives the moral support of the community, and make full report upon the prescribed blanks to the Commander in Chief, through the adjutant-general (and when the inspection is made by an officer other than the inspector general, through the inspector general), of the condition of each command, and the ordnance and property thereof. Inspecting officers shall be paid for the time actually devoted to said duty, under orders of the Commander in Chief, the pay to be fixed by law, and all necessary expenses incurred therein shall be paid on requisition in the same manner as herein above provided for. The Commander in Chief may authorize the commanders of brigades, regiments and battalions to inspect their commands or portions thereof at their home stations, whenever the interests of the service would be subserved thereby, and authorize the payment for such duty as above provided.

Section 45

SEC. 45. The inspector general shall make a written report to the Commander in Chief, each year, embracing therein a statement of all troops, arsenals, camps, target ranges, and property thereof, and accompany said report with a statement showing the expenses incurred in conducting said inspection, and such comments and recommendations as may be requisite. Said report shall be made to include all inspections made prior to the first day of September in each year.

Section 46

SEC. 46. Division and brigade inspectors shall make report in writing on the prescribed forms to the inspector? general of all inspections made by them, immediately upon the conclusion of each inspection.

Section 47

SEC. 47. The armory of each regiment, battalion, company, and detachment shall be subject to the order of the Commander in Chief and be under the charge of its commanding officer, who shall keep therein all property furnished by the Government of the Philippine Islands, and no company shall be furnished with arms or equipment until a suitable armory shall be provided for their deposit; nor shall such arms be loaned or taken from such armories by individual members of the company, without the express order or permission of the commanding officer. Any officer, non-commissioned officer, or private of the National Guard knowingly making any false certificate or false return of the property of the Philippine Government in his hands, or neglecting or refusing to apply all money drawn from the Treasury of the Philippine Islands for the purpose named in the requisition therefor, shall be deemed guilty of estafa, and shall be punished in the manner as provided for that offense in the Penal Code of the Philippine Islands.

Section 48

SEC. 48. Any able-bodied man of good reputation between the age of eighteen and forty-five years, who can read and write, and who is a citizen of the Philippine Islands, or has declared his intention to become such, may be enlisted in the National Guard for a term of not less than three years. A man who has been expelled or dishonorably discharged from any military or naval organization of the Philippine Islands, or from the military or naval force of the United States, or from the military or naval force of any State, Territory, or district of the United States, shall not be eligible for enlistment or reenlistment unless he produces the written consent to such enlistment of the commanding officer of the organization from which he was expelled or dishonorably discharged, and of the commanding officer who approved such expulsion, or issued such dishonorable discharge. Men who have been honorably discharged before the expiration of their term of enlistment for any reason, may be subsequently enlisted for the balance of such unexpired term.

Section 49

SEC. 49. Men who have completed a full term of enlistment in the National Guard or in the Philippine Scouts or Philippine Constabulary, and have been honorably discharged, may reenlist at any subsequent time in any organization of the National Guard for a term of one, two, or three years, at their option.

Section 50

SEC. 50. Every person who enlists or reenlists in the National Guard shall sign an enlistment paper in form prescribed by the adjutant general, and by taking the following oath or affirmation, which may lie administered by any commissioned officer:

"I do solemnly swear (or affirm) that I will bear true allegiance to the Government of the United States and the Government of the Philippine Islands, that I will support the Constitution and laws thereof, and serve the Government of the Philippine Islands faithfully for a term of three years, unless I am sooner discharged, or cease to be a citizen of the Philippine Islands; that I will obey the orders of the Commander in Chief and such officers as may be placed over me, and the laws governing the military-forces of the Government of the Philippine Islands. So help me God."