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CA 1 (The National Defense Act) TITLE III—MILITARY SERVICE

Section 51–88 · 37 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

ARTICLE I.—Obligation to Serve and Length of Service

Section 51

SEC. 51. All Filipinos are liable to military service.

Section 52

SEC. 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 eighteen years. At this age he shall enter the Junior Reserve to which he shall be assigned until he is twenty-one years of age when he shall become subject to service with the colors, and thereafter with the Reserve Force until he shall reach fifty years of age. 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 years, both inclusive, except those specifically exempted, shall be classified as follows: Trainees—Those between the ages of twenty and twenty-two who have been selected to receive military training. First Reserve—Those between the ages of twenty-two; years arid thirty years, both inclusive, and including also: all those who have completed trainee instruction even though' they may not have attained the age of twenty-two. Second Reserve—Those between the ages of thirty-one: years and forty years, both inclusive. Third Reserve—Those between the ages of forty-one, years and fifty years, both inclusive.

Section 53

SEC. 53. Young men shall be required to register for military training in the Army in the calendar year in which they will become twenty years of age. This class of training shall be known as trainee instruction and shall be given for such periods, at such times and under such regulations as the President may from time to time prescribe. Except for those trainees selected for duty with elements of the Regular Force, the period of trainee instructions shall not exceed five and one-half months. In no case shall the period of trainee instruction be extended beyond, twelve months except with the specific consent of the trainee.

ARTICLE II.—Procurement of Trainees

Section 54

SEC. 54. On January first, 1936, or as soon thereafter as may be practicable, the President shall issue a proclamation calling upon all young men, citizens of the Philippines, who shall attain the age of twenty years in that calendar year, to register for military instruction. Registration shall take place in suitable registration places to be prescribed by the city, municipality, or municipal district government in which they reside, between the dates of seventh. Annual registration shall be held during the same period in succeeding years.

Section 55

SEC. 55. The President shall provide by proclamation all necessary rules and regulations for the method and procedure of registration and the selection of trainees for military service.

Section 56

SEC. 56. On May fifteenth of each year the Provost Marshall General 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 Governors shall be responsible that each young man in their province who shall responsibility have been drawn is notified at once of this fact.

Section 57

SEC. 57. No person convicted of a crime against the Government or of an offense involving moral turpitude shall be permitted to register for military service unless he shall have been previously pardoned by the President.

Section 58

SEC. 58. The following persons are exempt from registration: Members of the Philippine Scouts and the Philippine Army. Young men, citizens of the Philippines who are residing abroad. These persons shall register within five days after their return to the Philippines in order to determine their obligation for military training. If under thirty years of age on their return, they shall be liable for military service, and shall enter thereon if drawn at the next national drawing for military service following their return. Persons who, because of incarceration awaiting trial undergoing sentence of a court of law, are prevented from registering. They shall upon their release from custody register for military trainee instruction with the president of the municipality or township in which they reside. If under thirty years of age at the time of release, they shall be liable for trainee instruction; if over that age, they shall not be required to serve with the colors.

Section 59

SEC. 59. The following registrants are exempted from trainee instruction: Ecclesiastics regularly ordained and serving as a member of the clergy and seminary students of a recognized church or sect. Physicians properly certified and practicing as such. Superintendents of penitentiaries, corrective prisons, and insane asylums. The personnel of the coast guard revenue cutter and lighthouse inspection services. Pilots, navigators and marine superintendents. Such others as may hereafter be exempted by law.

Section 60

SEC. 60. Any person failing to register for military service as herein provided shall, upon conviction, be sentenced to serve not more than one year in prison or to pay a sentence, fine of not to exceed two thousand pesos or both, at the discretion of the court. Conviction for this offense shall not exempt the person convicted from the military service herein required.

ARTICLE III.—Examination, Classification, Deferments

Section 61

SEC. 61. Acceptance Boards shall be appointed by the President for a term of three years. Boards shall be appointed for such municipalities and municipal districts as the population may require. The President shall determine the number and location of boards required for the administration of this law. They shall consist of five members, two of whom shall be physicians. Where practicable, two members shall be officers of the Philippine Army stationed in this province. The President shall designate the Chairman of the board.

Section 62

SEC. 62. The medical members shall advise the board in cases where the young man's physical condition for military service is in question. Decision by the board as to action on such cases and upon all other matters shall be by majority vote.

Section 63

SEC. 63. Young men who have been called for trainee instruction, upon reporting to the Acceptance Boards, shall be required to complete a questionnaire of a prescribed form, and to undergo a physical examination. The board shall then classify the young men into the following classes: Class I—Fit for unlimited service. Class II—Fit for limited service only. Class III—Deferred until a later date. Class IV—Exempted for physical reasons.

Section 64

SEC. 64. The following, during the period, of their employment or functions, may have their trainee instruction deferred for not to exceed three years: Such officers and employees of the insular, provincial, municipal, and municipal district governments, as the President may designate in executive orders. Officials and agents of organized police forces. Officials of land, air, and marine transport. The persons above mentioned shall be exempted from all military service except trainee instruction and except for active service in a national emergency, expressly declared by the National Assembly when they shall be liable for military service or special assignment as directed by the President.

Section 65

SEC. 65. Deferments may likewise be granted by the Acceptance Boards for those who are indispensable to the support of their dependent families, for agricultural reasons, and or certain key men in industry, commerce or agriculture; provided that such deferments shall not exceed one year, after which they' shall be liable to such training in the same manner as that prescribed for any other citizen.

Section 66

SEC. 66. Deferments for any cause whatsoever shall be made only upon presentation to the Acceptance Boards of supporting evidence either by testimony of witnesses or by documentary evidence or both

Section 67

SEC. 67. The Acceptance Board shall be responsible for the prompt forwarding of the trainees name together with documents and records pertaining to him, to his future section.

Section 68

SEC. 68. Where the Acceptance Board denies the claim for deferment of any individual, he may, within ten days, appeal his case to the Central Review Board in Manila.

Section 69

SEC. 69. Where dependency was the cause for deferment and that condition continues after the termination of the period of deferment, the young man shall be liable to trainee instruction, and if drawn therefore he shall enter upon such instruction. During the period of his absence undergoing instruction, an allowance for the partial support by means of support, shall be made by the Philippine Government. The corresponding acceptance board shall determine the dependent or dependents entitled to this allowance, which shall be fixed by Executive Order.

Section 70

SEC. 70. The expenses incident to the administration of the Acceptance Boards shall be borne by the Government. Except for governmental officials, the salaries of members of the Board shall not exceed P500 per annum, provided that no governmental official, whose salary is paid from the Philippine Government Treasury, shall receive any additional compensation by reason of service on such Boards.

Section 71

SEC. 71. The District and Provincial Military Commanders or their duly appointed assistants shall supervise the recruitment of the man-power in their districts or provinces. 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 Provost Marshal General. Provincial Commanders shall submit such reports through the Provincial Governor and District Commander.

ARTICLE IV.—Central Review Board

Section 72

SEC. 72. The Central Review Board shall consist of five citizens appointed by the President who shall designate the Chairman of the Board. One member shall be an officer of the Philippine Army, representing the Provost Marsha] General. 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 terms 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 member having the longest service on the Board. The Board shall hold its sessions in the City of Manila.

Section 73

SEC. 73. Decision in all matters before the Board shall be majority vote. The Board shall have authority to employ such staff of assistants and the services of necessary medical examiners as may be authorized by the President.

Section 74

SEC. 74. All cases of appeal from the decision of the Acceptance Boards which shall be forwarded by the Provincial Governors shall be reviewed by the Central Review Board. The appellant shall be authorized to be represented by legal counsel, and to present such facts and evidence in support of his case as he shall deem advisable. The decision of the Board shall be rendered without unnecessary delay and medical examiners, as well as all expenses incident to the Operation of the Board, shall be borne by the Philippine Government. Officers and employees of the Government serving as members of the Board or as assistants or examiners thereof, if any, shall not receive any additional compensation.

ARTICLE V.—Incorporation into the Service

Section 76

SEC. 76. Upon reporting at the designated training station the young man 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 examination 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 transportation. 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 Provost Marshal General and to the president of the municipality or municipal district of his residence.

ARTICLE VI.—Transfer to Reserve Force

Section 77

SEC. 77. Upon completion of the prescribed course of trainee instruction, and, unless the soldier shall enlist in the Regular Force or shall be selected for further training to qualify him as a commissioned or noncommissioned officer, he shall be transferred to the Reserve Force and assigned to an organization thereof by the Adjutant Genera!. From this time his name shall be carried on the rosters of the Reserve Force. Upon transfer to the Reserve Force, such arms, accoutrements and clothing as shall be prescribed, shall be transferred to the mobilization center of his organization.

Section 78

SEC. 78. On completion of his training instruction the trainee shall pass into the First Reserve where he shall be assigned to an organization. He shall continue to serve in tile First Reserve until he shall reach thirty years of age. On January first of the 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 until he shall become forty years of age. On January first of the 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 the Second Reserve until he shall be fifty years of age.

Section 79

SEC. 79. Enlisted men in the Reserve Force shall report for physical examination as may be required by the President.

ARTICLE VII.—Preparatory Military Training

Section 80

SEC. 80. Purpose of preparatory military training hall be as follows: To develop the national spirit; to make the youth morally confident, and to prepare the youth for military service.

Section 81

SEC. 81. Preparatory military training shall begin with the youth in elementary grade school at the age of ten years and shall extend through the remainder of his schooling into college or the university as set forth hereinbefore. In case the youth ceases to attend school, or for any reason shall have no schooling, he shall become liable for service in the Junior Reserve on reaching the age of eighteen years.

Section 82

SEC. 82. Preparatory military training is compulsory upon the youth attending school and upon others when they shall become eighteen years of age.

Section 83

SEC. 83. The physically unfit shall not be required to undergo military training. Physical fitness shall be determined by a provincial board of medical officers which shall be appointed by the Provincial Commander.

Section 84

SEC. 84. The Provincial Commander is charged with the supervision of preparatory military training. It shall be supervision, divided by age and school classes, as follows: Junior cadets; above ten years of age, attending primary and intermediate schools. High-school cadets; attending high or vocational schools. Junior Reserves.—Eighteen to twenty years of age, both inclusive; young men not attending school or college.

Section 85

SEC. 85. Instructors for cadets shall be assigned by the Provincial 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 Provincial Commander from the officers and men of the Regular Force stationed in the province.

Section 86

SEC. 86. Courses of instruction shall be prescribed by the Chief of Staff.

Section 87

SEC. 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; those living more than thirty kilometers distance from the nearest community where instruction is given; and those undergoing any other form of authorized military instruction.

Section 88

SEC. 88. Parents and employers shall be required 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 President may prescribe.

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Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).