(Part1)
(The author is a graduate of Ateneo de Manila University School of Law. A recipient of the Dean of Academics Award at the Command and General Staff College, and completed the Senior Executive Course on National Security at the National Defense College of the Philippines)
We do not have national policy on Reserve Force Development to prepare the citizenry to fulfill their Constitutional duty of defending the State. Article II, Section 4 provides that in the fulfillment of the prime duty of defending the State "all citizens may be required under conditions provided by law to render personal military or civil service."
An enabling law was enacted in 1991 to implement the Constitutional requirement. Republic Act 7077 otherwise known as The Citizen Armed Force or The Armed Forces of the Philippines Reservists Act mandates that a general registration be held one year after its enactment and every two years thereafter for all male citizens between the ages of 18 to 25. From these lists of registrants will be chosen those who will undergo military training for six months, the Program of Instruction of which is that of a candidate soldier. They will comprise our Ready Reserves that is readily mobilizeable necessary for the rapid expansion of the Combatant Units of our Active Component in times of war, invasion or rebellion. Over time, a huge Standby Reserve will become available.
The law also required that those enrolled in colleges and universities undergo Reserve Officers' Training Course. These would have been the two main sources of our Ready Reserves that will compose the expansion units of our Active Components in the event of war, invasion or rebellion.
In view of the lack of judgment from our civilian policy makers the aforementioned Compulsory Citizens Military Training (CCMT) was never implemented. And to make matters worse, we amended the provisions pertaining to ROTC and made defense of this country optional.
The NSTP Law is actually unconstitutional. The requirement of the law to defend the State is mandatory. And, defense of country is really 'military.' The Constitution recognizes that not all citizens can render military service, hence, the requirement of "personal military" or "personal civil service." The noun personal emphasizes that the service cannot be by proxy but "personal."
To inculcate love of country and respect for the flag, the National Defense Act (Commonwealth Act No.1) required that the training starts early, hence, the Cub Scouts, Boy Scouts, Citizens Military Training and ROTC became part of the curriculum.
One of the missions of the Reserve Force under Section 7 of RA 7077 is to serve as base for expansion in times of war invasion, or rebellion. This is not attainable unless our civilian policy makers review current statutes, department policies, and military doctrines that restrict the implementation of the constitutional mandate, and create an environment needed to provide a trained, equipped, ready and available Reserve Component. Brig Gen Virgilio R Garcia AFP (RES) Commander, 1st TAS Brigade, AFPRESCOM