Tydings-McDuffie Law|Philippine Independence Act

The Philippine Independence Act (Tydings-McDuffie Law)

Public Law 73-127

24 March 1934

An act to provide for the complete independence of the Philippine Islands, to provide for the adoption of a constitution and a form of government for the islands, and for other purposes.

Convention to Frame Constitution for Philippine Islands

Section 1. The Philippine Legislature is hereby authorized to provide for the election of delegates to a constitutional convention, which shall meet in the hall of the House of Representatives in the capital of the Philippine Islands, at such time as the Philippine Legislature may fix, but not later than October 1, 1934, to formulate and draft a constitution for the government of the Commonwealth of the Philippine Islands, subject to the conditions and qualifications prescribed in this Act, which shall exercise jurisdiction over all the territory ceded to the United States by the treaty of peace concluded between the United States and Spain on the 10th day of December, 1898, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the 7th day of November, 1900. The Philippine Legislature shall provide for the necessary expenses of such convention.

Character of Constitutions — Mandatory Provisions

Section 2. (a) The constitution formulated and drafted shall be republican in form, shall contain a bill of rights, and shall, either as a part thereof or in an ordinance appended thereto, contain provisions to the effect that, pending the final and complete withdrawal of the sovereignty of the United States over the Philippine Islands.

(1) All citizens of the Philippine Islands shall owe allegiance to the United States.

(2) Every officer of the government of the Commonwealth of the Philippine Islands shall, before entering upon the discharge of his duties, take and subscribes an oath of office, declaring, among other things, that he recognizes and accepts the supreme authority of and will maintain true faith and allegiance to the United States.

(3) Absolute toleration of religious sentiment shall be secured and no inhabitant or religious organization shall be molested in person or property on account of religious belief or mode of worship.

(4) Property owned by the United States, cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands, buildings, and improvements used exclusively for religious, charitable, or educational purposes shall be exempt from taxation.

(5) Trade relations between the Philippine Islands and the United States shall be upon the basis prescribed in section 6.

(6)The public debt of the Philippine Islands and its subordinate branches shall not exceed limits now or hereafter fixed by the Congress of the United States; and no loans shall be contracted in foreign countries without the approval of the President of the United States.

(7) The debts, liabilities, and obligations of the present Philippine Government, its provinces, municipalities, and instrumentalities, valid and subsisting at the time of the adoption of the constitution, shall be assumed and paid by the new government.

(8) Provision shall be made for the establishment and maintenance of an adequate system of public schools, primarily conducted in the English language.

(9) Acts affecting currency, coinage, imports, exports, and immigration shall not become law until approved by the President of the United States.

(10) Foreign affairs shall be under the direct supervision and control of the United States.

(11) All acts passed by the Legislature of the Commonwealth of the Philippine Islands shall be reported to the Congress of the United States.

(12) The Philippine Islands recognizes the right of the United States to expropriate property for public uses, to maintain military and other reservations and armed forces in the Philippines, and, upon order of the President, to call into the service of such armed forces all military forces organized by the Philippine Government.

(13) The decisions of the courts of the Commonwealth of the Philippine Islands shall be subject to review by the Supreme Court of the United States as provided in paragraph 6 of section 7.

(14) The United States may, by Presidential proclamation, exercise the right to intervene for the preservation of the government of the Commonwealth of the Philippine Islands and for the maintenance of the government as provided in the constitution thereof, and for the protection of life, property, and individual liberty and for the discharge of government obligations under and in accordance with the provisions of the constitution.

(15) The authority of the United States High Commissioner to the government of the Commonwealth of the Philippine Islands, as provided in this Act, shall be recognized.

(16) Citizens and corporations of the United States shall enjoy in the Commonwealth of the Philippine Islands all the civil rights of the citizens and corporations, respectively, thereof.

(b) The constitution shall also contain the following provisions, effective as of the date of the proclamation of the President recognizing the independence of the Philippine Islands, as hereinafter provided:

(1) That the property rights of the United States and the Philippine Islands shall be promptly adjusted and settled, and that all existing property rights of citizens or corporations of the United States shall be acknowledged, respected, and safeguarded to the same extent as property rights of citizens of the Philippine Islands. 

(2) That the officials elected and serving under the constitution adopted pursuant to the provisions of this Act shall be constitutional officers of the free and independent Government of the Philippine Islands and qualified to function in all respects as if elected directly under such government, and shall serve their full terms of office as prescribed in the constitution.

(3) That the debts and liabilities of the Philippine Islands, its provinces, cities, municipalities, and instrumentalities, which shall be valid and subsisting at the time of the final and complete withdrawal of the sovereignty of the United States, shall be assumed by the free and independent Government of the Philippine Islands; and that where bonds have been issued under authority of an Act of Congress of the United States by the Philippine Islands, or any province, city, or municipality therein, the Philippine Government will make adequate provision for the necessary funds for the payment of interest and principal, and such obligations shall be a first lien on the taxes collected in the Philippine Islands.

(4) That the Government of the Philippine Islands, on becoming independent of the United States, will assume all continuing obligations assumed by the United States under the treaty of peace with Spain ceding said Philippine Islands to the United States.

(5) That by way of further assurance the Government of the Philippine Islands will embody the foregoing provisions [except paragraph (2)] in a treaty with the United States.

Submission of Constitution to the President of the United States

Section 3. Upon the drafting and approval of the constitution by the constitutional convention in the Philippine Islands, the constitution shall be submitted within two years after the enactment of this Act to the President of the United States, who shall determine whether or not it conforms with the provisions of this Act. If the President finds that the proposed constitution conforms substantially with the provisions of this Act he shall so certify to the Governor-General of the Philippine Islands, who shall so advise the constitutional convention. If the President finds that the constitution does not conform with the provisions of this Act he shall so advise the Governor-General of the Philippine Islands, stating wherein in his judgment the constitution does not so conform and submitting provisions which will in his judgment make the constitution so conform. The Governor-General shall in turn submit such message to the constitutional convention for further action by them pursuant to the same procedure hereinbefore defined, until the President and the constitutional convention are in agreement.

Submission of Constitution to Filipino People

Section 4. After the President of the United States has certified that the constitution conforms with the provisions of this Act, it shall be submitted to the people of the Philippine Islands for their ratification or rejection at an election to be held within four months after the date of such certification, on a date to be fixed by the Philippine Legislature, at which election the qualified voters of the Philippine Islands shall have an opportunity to vote directly for or against the proposed constitution and ordinances appended thereto. Such election shall be held in such manner as may be prescribed by the Philippine Legislature, to which the return of the election shall be made. The Philippine Legislature shall by law provide for the canvassing of the return and shall certify the result to the Governor-General of the Philippine Islands, together with a statement of the votes cast, and a copy of said constitution and ordinances. If a majority of the votes cast shall be for the constitution, such vote shall be deemed an expression of the will of the people of the Philippine Islands in favor of Philippine independence, and the Governor-General shall, within thirty days after receipt of the certification from the Philippine Legislature, issue a proclamation for the election of officers of the government of the Commonwealth of the Philippine Islands provided for in the constitution. The election shall take place not earlier than three months nor later than six months after the proclamation by the Governor-General ordering such election. When the election of the officers provided for under the constitution has been held and the results determined, the Governor-General of the Philippine Islands shall certify the results of the election to the President of the United States, who shall thereupon issue a proclamation announcing the results of the election, and upon the issuance of such proclamation by the President the existing Philippine Government shall terminate and the new government shall enter upon its rights, privileges, powers, and duties, as provided under the constitution. The present Government of the Philippine Islands shall provide for the orderly transfer of the functions of government. 
If a majority of the votes cast are against the constitution, the existing Government of the Philippine Islands shall continue without regard to the provisions of this Act. 

Transfer of Property and Rights to Philippine Commonwealth

 Section 5. All the property and rights which may have been acquired in the Philippine Islands by the United States under the treaties mentioned in the first section of this Act, except such land or other property as has heretofore been designated by the President of the United States for and other reservations of the Government of the United States, and except such land or other property or rights or interests therein as may have been sold or otherwise disposed of in accordance with law, are hereby granted to the government of the Commonwealth of the Philippine Islands when constituted. 

Relations with the United States Pending Complete Independence

Section 6.  After the date of the inauguration of the government of the Commonwealth of the Philippine Islands trade relations between the United States and the Philippine Islands shall be as now provided by law, subject to the following exceptions:
(a) There shall be levied, collected, and paid on all refined sugars in excess of fifty thousand long tons, and on unrefined sugars in excess of eight hundred thousand long tons, coming into the United States from the Philippine Islands in any calendar year, the same rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries.
(b) There shall be levied, collected, and paid on all coconut oil coming into the United States from the Philippine Islands in any calendar year in excess of two hundred thousand long tons, the same rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries.
(c) There shall be levied, collected, and paid on all yarn, twine, cord, cordage, rope and cable, tarred or untarred, wholly or in chief value of Manila (abaca) or other hard fibers, coming into the United States from the Philippine Islands in any calendar year in excess of a collective total of three million pounds of all such articles hereinbefore enumerated, the same rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries.
(d) In the event that in any year the limit in the case of any article which may be exported to the United States free of duty shall be reached by the Philippine Islands, the amount or quantity of such articles produced or manufactured in the Philippine Islands thereafter that may be so exported to the United States free of duty shall be allocated, under export permits issued by the government of the Commonwealth of the Philippine Islands, to the producers or manufacturers of such articles proportionately on the basis of their exportation to the United States in the preceding year; except that in the case of unrefined sugar the amount thereof to be exported annually to the United States free of duty shall be allocated to the sugar-producing mills of the Islands proportionately on the basis of their average annual production for the calendar years 1931, 1932, and 1933, and the amount of sugar from each mill which may be so exported shall be allocated in each year between the mill and the planters on the basis of the proportion of sugar to which the mill and the planters are respectively entitled. The Government of the Philippine Islands is authorized to adopt the necessary laws and regulations for putting into effect the allocation hereinbefore provided.
(e) The government of the Commonwealth of the Philippine Islands shall impose and collect an export tax on all articles that may be exported to the United States from the articles that may be exported to the United States from the Philippine Islands free of duty under the provisions of existing law as modified by the foregoing provisions of this section including the articles enumerated in subdivisions (a), (b) and (c), within the limitations therein specified, as follows:
(1) During the sixth year after the inauguration of the new government the export tax shall be 5 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries;
(2) During the seventh year after the inauguration of the new government the export tax shall be 10 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries;
(3) During the eighth year after the inauguration of the new government the export tax shall be 15 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries;
(4) During the ninth year after the inauguration of the new government the export tax shall be 20 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries;
(5) After the expiration of the ninth year of the inauguration of the new government the export tax shall be 25 per centum of the rates of duty which are required by the laws of the United States to be levied collected and paid on like articles imported from foreign countries.
The government of the Commonwealth of the Philippine Islands shall place all funds received in such export taxes in a sinking fund, and such funds shall, in addition to other moneys available for the purpose, be applied solely to the payment of the principal interest on the bonded indebtedness of the Philippine Islands, provinces, municipalities, and instrumentalities until such indebtedness has been fully discharged. 
When used in this section in a geographical sense, the term "United States" includes all Territories and possessions of the United States, except the Philippine Islands, the Virgin Islands, American Samoa, and the island of Guam.
Section 7. Until the final and complete withdrawal of American sovereignty over the Philippine Islands:
(1) Every duly adopted amendment to the constitution of the government of the Commonwealth of the Philippine Islands shall be submitted to the President of the United States for approval. If the President approves the amendment or if the President fails to disapprove such amendment within six months from the time of its submission, the amendment shall take effect as a part of such constitution.
(2) The President of the United States shall have authority to suspend the taking effect of or the operation of any law, contract, or executive order of the government of the Commonwealth of the Philippine Islands, which in his judgment will result in a failure of the government of the Commonwealth of the Philippine Islands to fulfill its contracts, or to meet its bonded indebtedness and interest thereon or to provide for its sinking funds, or which seems likely to impair the reserves for the protection of the currency of the Philippine Islands, or which in his judgment will violate international obligations of the United States.
(3) The Chief Executive of the Commonwealth of the Philippine Islands shall make an annual report to the President and Congress of the United States of the proceedings and operations of the government of the Commonwealth of the Philippine Islands and shall make such other reports as the President or Congress may request.
(4) The President shall appoint, by and with the advice and consent of the Senate, a United States High Commissioner to the government of the Commonwealth of the Philippine Islands who shall hold office at the pleasure of the President and until his successor is appointed and qualified. He shall be known as the United States High Commissioner to the Philippine Islands. He shall be the representative of the President of the United States in the Philippine Islands and shall be recognized as such by the government of the Commonwealth of the Philippine Islands, by the commanding officers of the military forces of the United States, and by all civil officials of the United States in the Philippine Islands. He shall have access to all records of the government or any subdivision thereof, and shall be furnished by the Chief Executive of the Commonwealth of the Philippine Islands with such information as he shall request.
If the government of the Commonwealth of the Philippine Islands fails to pay any of its bonded or other indebtedness or the interest thereon when due or to fulfill any of its contracts, the United States High Commissioner shall immediately report the facts to the President, who may thereupon direct the High Commissioner to take over the customs offices and administration of the same, administer the same, and apply such part of the revenue received therefrom as may be necessary for the payment of such overdue indebtedness or for the fulfillment of such contracts. The United States High Commissioner shall annually, and at such other times as the President may require, render an official report to the President and Congress of the United States. He shall perform such additional duties and functions as may be delegated to him from time to time by the President under the provisions of this Act.
The United States High Commissioner shall receive the same compensation as is now received by the Governor-General of the Philippine Islands, and shall have such staff and assistants as the President may deem advisable and as may be appropriated for by Congress, including a financial expert, who shall receive for submission to the High Commissioner a duplicate copy of the reports to the insular auditor. Appeals from decisions of the insular auditor may be taken to the President of the United States. The salaries and expenses of the High Commissioner and his staff and assistants shall be paid by the United States.
The first United States High Commissioner appointed under this Act shall take office upon the inauguration of the new government of the Commonwealth of the Philippine Islands.
(5) The government of the Commonwealth of the Philippine Islands shall provide for the selection of a Resident Commissioner to the United States, and shall fix his term of office. He shall be the representative of the government of the Commonwealth of the Philippine Islands and shall be entitled to official recognition as such by all departments upon presentation to the President of credentials signed by the Chief Executive of said government. He shall have a seat in the House of Representatives of the United States, with the right of debate, but without the right of voting. His salary and expenses shall be fixed and paid by the Government of the Philippine Islands. Until a Resident Commissioner is selected and qualified under this section, existing law governing the appointment of Resident Commissioners from the Philippine Islands shall continue in effect.
(6) Review by the Supreme Court of the United States of cases from the Philippine Islands shall be as now provided by law; and such review shall also extend to all cases involving the constitution of the Commonwealth of the Philippine Islands.
Section 8.  (a) Effective upon the acceptance of this Act by concurrent resolution of the Philippine Legislature or by a convention called for that purpose, as provided in section 17:
(1) For the purposes of the Immigration Act of 1917, the Immigration Act of 1924 [except section 13 (c)], this section, and all other laws of the United States relating to the immigration, exclusion, or expulsion of aliens, citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they were aliens. For such purposes the Philippine Islands shall be considered as a separate country and shall have for each fiscal year a quota of fifty. This paragraph shall not apply to a person coming or seeking to come to the Territory of Hawaii who does not apply for and secure an immigration or passport visa, but such immigration shall be determined by the Department of the Interior on the basis of the needs of industries in the Territory of Hawaii.
(2) Citizens of the Philippine Islands who are not citizens of the United States shall not be admitted to the continental United States from the Territory of Hawaii (whether entering such territory before or after the effective date of this section) unless they belong to a class declared to be non-immigrants by section 3 of the Immigration Act of 1924 or to a class declared to be nonquota immigrants under the provisions of section 4 of such Act other than subdivision (c) thereof, or unless they were admitted to such territory under an immigration visa. The Secretary of Labor shall by regulations provide a method for such exclusion and for the admission of such excepted classes.
(3) Any Foreign Service officer may be assigned to duty in the Philippine Islands, under a commission as a consular officer, for such period as may be necessary and under such regulations as the Secretary of State may prescribe, during which assignment such officer shall be considered as stationed in a foreign country; but his powers and duties shall be confined to the performance of such of the official acts and notarial and other services, which such officer might properly perform in respect to the administration of the immigration laws if assigned to a foreign country as a consular officer, as may be authorized by the Secretary of State.
(4) For the purposed of sections 18 and 20 of the Immigration Act of 1917, as amended, the Philippine Islands shall be considered a foreign country.
(b) The provisions of this section are in addition to the provisions of the immigration laws now in force, and shall be enforced as part of such laws, and all the penal or other provisions of such laws not applicable, shall apply to and be enforced in connection with the provisions of this section. An alien, although admissible under the provisions of this section, shall not be admitted to the United States if he is excluded by any provision of the immigration laws other than this section, and an alien, although admissible under the provisions of the immigration laws other than this section, shall not be admitted to the United States if he is excluded by any provision of this section.
(c) Terms defined in the Immigration Act of 1924 shall, when used in this section, have the meaning assigned to such terms in the Act.
Section 9. There shall be no obligation on the part of the United States to meet the interest or principal of bonds and other obligations of the Government of the Philippine Islands or of the provincial and municipal governments thereof, hereafter issued during the continuance of United States sovereignty in the Philippine Islands: Provided, That such bonds and obligations hereafter issued shall not be exempt from taxation in the United States or by authority of the United States.

Recognition of Philippine Independence and Withdrawal of American Sovereignty

Section 10. (a) On the 4th, day of July immediately following the expiration of a period of ten years from the date of the inauguration of the new government under the constitution provided for in this Act the President of the United States shall by proclamation withdraw and surrender all right of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States in and over the territory and people of the Philippine Islands, including all military and other reservations of the Government of the United States in the Philippines (except such naval reservations and fueling stations as are reserved under section 5), and, on behalf of the United States, shall recognize the independence of the Philippine Islands as a separate and self-governing nation and acknowledge the authority and control over the same of the government instituted by the people thereof, under the constitution then in force.
(b) The President of the United States is hereby authorized and empowered to enter into negotiations with the Government of the Philippine Islands, not later than two years after his proclamation recognizing the independence of the Philippine Islands, for the adjustment and settlement of all questions relating to naval reservations and fueling stations of the United States in the Philippine Islands, and pending such adjustment and settlement the matter of naval reservations and fueling stations shall remain in its present status.

Neutralization of Philippine Islands

Section 11. The President is requested, at the earliest practicable date, to enter into negotiations with foreign powers with a view to the conclusion of a treaty for the perpetual neutralization of the Philippine Islands, if and when the Philippine independence shall have been achieved.

Notification to Foreign Governments

Section 12. Upon the proclamation and recognition of the independence of the Philippine Islands, the President shall notify the governments with which the United States is in diplomatic correspondence thereof and invite said governments to recognize the independence of the Philippine Islands.

Tariff Duties After Independence

Section 13. After the Philippine Islands have become a free and independent nation there shall be levied, collected, and paid upon all articles coming into the United States from the Philippine Islands the rates of duty which are required to be levied, collected, and paid upon like articles imported from other foreign countries: Provided, That at least one year prior to the date fixed in this Act for the independence of the Philippine Islands, there shall be held a conference of representatives of the Government of the United States and the Government of the Commonwealth of the Philippine Islands, such representatives to be appointed by the President of the United States and the Chief Executive of the Commonwealth of the Philippine Islands, respectively, for the purpose of formulating recommendations as to future trade relations between the Government of the United States and the independent Government of the Philippine Islands, the time, place, and manner of holding such conference to be determined by the President of the United States; but nothing in this proviso shall be construed to modify or affect in any way any provision of this Act relating to the procedure leading up to Philippine independence or the date upon which the Philippine Islands shall become independent.

Immigration After Independence

Section 14. Upon the final and complete withdrawal of American sovereignty over the Philippine Islands the immigration laws of the United States (including all the provisions thereof relating to persons ineligible to citizenship) shall apply to persons who were born in the Philippine Islands to the same extent as in the case of other foreign countries.

Certain Statutes Continued In Force

Section 15. Except as in this Act otherwise provided, the laws now or hereafter in force in the Philippine Islands shall continue in force in the Commonwealth of the Philippine Islands until altered, amended, or repealed by the Legislature of the Commonwealth of the Philippine Islands or by the Congress of the United States, and all references in such laws to the government or officials of the Philippines or Philippine Islands shall be construed, insofar as applicable, to refer to the government and corresponding officials respectively of the Commonwealth of the Philippine Islands. The government of the Commonwealth of the Philippine Islands shall be deemed successor to the present Government of the Philippine Islands and of all the rights and obligations thereof. Except as otherwise provided in this Act, all laws or parts of laws relating to the present Government of the Philippine Islands and its administration are hereby repealed as of the date of the inauguration of the government of the Commonwealth of the Philippine Islands.
Section 16. If any provision of this Act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and the applicability of such provisions to other persons and circumstances shall not be affected thereby.

Effective Date

Section 17. The foregoing provisions of this Act shall not take effect until accepted by concurrent resolution of the Philippine Legislature or by a convention called for the purpose of passing upon that question as may be provided by the Philippine Legislature.

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Salient provisions of the Tydings-McDuffie Law:

1. The organization of constitutional Convention that draw up the fundamental law of the land.

2.  The election of the leaders of Philippine Commonwealth

3. The recognition of Philippine independence on July 4, 19646.

4. The right of United States to establish military bases in the country

5. Granting the United States president the power to call on all military forces of the Philippines into service.

6. Reclassifying all Filipinos as aliens and limiting immigration to the United Sates to 50 persons per year.

The Tydings-McDuffie law also specified that the Philippines would practice neutrality. Meaning, it could not go to war without permission of the United States except when it had to protect itself.

The Philippine Legislature ratified the Tydings-McDuffie law on May 1, 1934. From the on, Filipinos busied themselves with preparations for the establishment of the Commonwealth government.

Commonwealth Act No. 1 "National Defense Act"

COMMONWEALTH ACT No. 1*

AN ACT TO PROVIDE FOR THE NATIONAL DEFENSE OF THE PHILIPPINES, PENALIZING CERTAIN VIOLATIONS THEREOF, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

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Be it enacted by the National Assembly of the Philippines:

TITLE I

NATIONAL DEFENSE

PRELIMINARY ARTICLE.

TITLE of Act

Section 1. This Act shall be known as "The National Defense Act."

ARTICLE I

NATIONAL DEFENSE POLICY

Section 2. The national defense policy of the Philippines shall be as follows:

(a) The preservation of the State is the obligation of every citizen. The security of the Philippines and the freedom, independence, and perpetual neutrality of the Philippine Republic shall be guaranteed by the employment of all citizens, without distinction of age or sex, and all resources.

(b) The employment of the nation's citizens and resources for national defense shall be effected by a national mobilization.

(c) The national mobilization shall include the execution of all measures necessary to pass from a peace to a war footing.

(d) The civil authority shall always be supreme. The President of the Philippines as the Commander-in-Chief of all military forces, shall be responsible that mobilization measures are prepared at all times.

(e) A national mobilization shall be ordered in any case of threatened or actual aggression.

(f) The national defense organization shall be adapted as closely as possible to the territorial and administrative organization of the Philippines.

(g) The mobilization plans of financial, industrial, economic, social, intellectual, and moral forces and resources of the Philippines shall conform to the provisions of the Constitution of the Philippines and shall be prepared by the executive departments concerned in accordance with the following general policies: (1) The respective responsibilities of the several executive departments in mobilization planning will be prescribed by the President; (2) forces and resources shall be employed so as to secure unity and continuity of effort until the threatened or actual aggression to the Philippines has been overcome.

(h) No profit incident to war shall accrue to any individual, corporation association or partnership.

ARTICLE II

EMPLOYMENT OF PERSONS AND RESOURCES

Section 3. Military service shall be obligatory for all citizens of the Philippines, and the methods and procedure for the classification, selection, examination, induction, training, and release of all citizens from their military obligations shall be as prescribed in Title III of this Act.

Section 4. The registration of citizens for military service shall be a civil function carried out by the civil authorities under the supervision of the Chief of Staff.¹

Section 5. During a national mobilization the Government of the Philippines, acting through the appropriate governmental department, or by delegated authority, shall have the right to secure by mutual agreement or by requisition all such resources, tangible and intangible, and all such services and all other assets or possessions, public or private, as may be necessary for national defense.

ARTICLE III

THE COUNCIL OF NATIONAL DEFENSE

Section 6. There shall be a Council of National Defense which shall consist of the President, the Vice President, the head of each executive department, the Chief of Staff, and six other members to be designated by the President with the consent of the Commission on Appointments of the National Assembly,² and a permanent secretary of the Council who shall be an officer of the Army. The Council shall advise with the President on all matters of national defense policy. It shall have a permanent staff which shall preserve a documentary record of the Council's deliberations.³

Section 7. The President of the Philippines shall be Chairman of the Council of National Defense.

Section 8. The method of operation of the Council of National Defense, its detailed duties, and its rights to summon witnesses or consultants shall be fixed in executive orders to be issued by the President. Funds for its operation shall be provided in the appropriations for the Executive Department.

ARTICLE IV

TERRITORIAL ORGANIZATION

Section 9. For the purpose of recruiting the national manpower, providing preparatory military training, executing the national mobilization plans, and supplying the needs of the armed forces in peace and war, the Philippines shall be divided into military districts as the President may direct.⁴

Section 10. In every military district a commissioned officer of the regular army shall be assigned as District Commander.⁵ He shall be provided with such assistants as the Chief of Staff may direct.

In time of peace, he shall be responsible, under the Chief of Staff, for the training,⁶ discipline, and tactical training of all units within his district, and for the preparation of defense plans; and in time of war, he shall be responsible, under the control of the Chief of Staff, for the defense of his district.

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 Inspector⁷ of the Philippine Constabulary shall be a member of his staff to carry out this duty.⁸

Section 12. Recruiting areas will as far as possible conform with political subdivisions of the Philippines.

ARTICLE VII

MOBILIZATION CENTERS

Section 13. Mobilization centers shall be located in municipalities, townships and municipal districts according to their military population and the percentage of such population assigned to units of the reserve.

The Chief of Staff shall determine the location and type of mobilization centers to be provided, and the DistrictCommander⁹ shall be responsible for the operation of these mobilization centers at all times.¹⁰

ARTICLE VI

NATIONAL AND PARTIAL MOBILIZATION

Section 14. A National Mobilization shall be decreed by the President of the Philippines on approval of the National Assembly.

Section 15. Whenever the safety of the Philippines is endangered, the President may decree a Partial Mobilization. He shall promptly summon and report to the National Assembly the cause for, and extent of, the Partial Mobilization. The National Assembly shall determine whether or not the Partial Mobilization so decreed shall be annulled.

ARTICLE VII. – Technical Advisers

Section 16. The President of the Philippines shall have authority to appoint and maintain such technical advisers from the Army of the United States and for such period of time as he may deem necessary, which shall in no case extend beyond his term of office.¹¹

TITLE II

MILITARY ORGANIZATION

ARTICLE I

COMPOSITION AND ORGANIZATION OF THE ARMY

Section 17. The Army of the Philippines shall consist of the Regular Force and the Reserve Force: Provided,That, members of the Reserve Force on inactive status shall not, by reason solely of their appointments, oaths, commissions, or status as such, be held or deemed to be officers or employees in the Philippine Civil Service.¹²

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.¹³

ARTICLE II

THE REGULAR FORCE

Section 19. Each young man who shall undergo training and service shall, for the duration of his training and service, receive a monthly base pay of not less than ten pesos for the first ten months, and an additional five pesos per month for service longer than ten months, in addition to meals and barracks accommodation, medical and dental attendance, clothing and transportation:¹⁴ Provided, That under such regulations as the Secretary of National Defense may prescribe, each such person shall receive allowance the value of which shall not be less than seventy-five pesos: Provided, further, That each such person who, upon completion of training, when assigned for service with a unit or units of the Regular Force on actual combat operations shall receive pay and allowances at the same rates prescribed for enlisted men of the Regular Force. For those who are not on actual combat operations but are assigned for service with any unit of the Regular Force, the Secretary of national Defense may under such regulations as he may prescribe, allow the payment of pay and allowances higher than those prescribed herein: And provided, finally, That each such person who, upon completion of training, when assigned for service overseas with a unit or units of the Regular Force shall be entitled to the same rules of pay and allowances prescribed for enlisted men of the Regular Force for overseas duty.¹⁵

Section 20. Officers and enlisted men of the Regular Force shall be assigned to the various branches, corps and services as the President may direct.

All officers and enlisted men of the Regular Force who are not assigned to duty with any branch, corps or service herein provided for shall be carried on the detached officers' list and detached enlisted men's list, respectively.

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.¹⁶

(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 thirty days annually shall be considered as regular annual training; all periods in excess of thirty days annually shall be classed as extended tours of active duty.¹⁷

(c) The President may likewise attach for their prescribed period of military training such number of trainees to regular units as he deems necessary.18

Section 22. The appointment, promotion, and discharge of officers in the Army shall be as follows:

(a) All commissioned officers in the Army shall be citizens of the Philippines; Provided, That the President may in his discretion retain in the Army any officer now holding a commission in the Philippine Constabulary. Commissioned grades authorized in the Army of the Philippines shall include third lieutenant,¹⁹ second lieutenant, first lieutenant, captain, major, lieutenant colonel, colonel, and general officer: Provided, That the general officer grade may be further subdivided into grades as prescribed by the President: And provided, also, That individuals permanently commissioned in a grade above that of colonel shall be known as General Officers of the Line; those not so commissioned but holding an office in the Army to which the grade of general officer is attached shall be known as General officers of the Staff.

(b) Officers shall be commissioned in the Army of the Philippines subject to such examinations for the determination of fitness and proficiency as the President may prescribe. All appointments and promotions shall be made by the President, but the appointments and promotions in the Army from the rank of colonel shall be made with the consent of the Commission on Appointments of the National Assembly.²⁰

(c) ²¹

(d) ²²

(e)In determining the relative standing and precedence in seniority between officers of the regular force and officers of the reserve force of the armed Forces of the Philippines of the same permanent grade, the officers with the longer active commissioned service in that permanent grade shall be the senior, and in cases of the same active commissioned service in permanent grade, the officer with the longer accumulated active commissioned service in the Armed Forces of the Philippines shall be the senior, and in cases not covered by the foregoing, the Secretary of National Defense shall determine the relative seniority of officers concerned.²³

(f) Promotion of regular and reserve officers shall be accomplished under such policies and procedure as the President may direct, provided that in time of peace no reserve officer may be promoted to any grade until he has served at least two years in the next lower grade.

Any reserve officer may, in the discretion of the President, be discharged at any time.

(g) ²⁴

(h) In time of war any officer of the Regular Force may be appointed to higher temporary rank without vacating his permanent commission, such appointments in grades below that of colonel being made by the President alone, but all other appointments in time of war shall be in the Reserve force.

(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 own 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.²⁵

(j) With the approval of the American Government, not to exceed one-half of one per cent of the commissioned officers of the Regular Force below the grade of lieutenant colonel may be detailed to duty at foreign military schools.

While on such duty, officers so detailed shall receive the pay and allowances of commissioned officers of their own grade in the army of the country in which the military school is located: Provided,That such pay is equal to or higher than that received by the officer so detailed.

(k) Not to exceed one-half of one per cent of the commissioned officers of the Regular army in any fiscal year may be detailed as students at such technical, professional, and other educational institutions, or as students, observers, or investigators at such industrial plants, hospitals, and other places, as shall be best suited to enable such officers to acquire a knowledge of or experience in the specialties in which it is deemed necessary that such officers shall perfect themselves: Provided, That no expense shall be incurred by the Philippine Government in addition to the pay allowance of the officers so detailed, except for the cost of tuition at such technical, professional, and other educational institutions.

(l)The President is authorized to detail or assign to duty with units of the Reserve Force such officers of the Regular Force as he deems necessary. Commanders of divisions and larger units of the Reserve Force shall be selected from officers of the Regular Force.

(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.²⁶

Section 23. The General Staff Corps shall consist of the Chief of Staff, the Central General Staff and the General Staff with troops.²⁷

(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,²⁸ 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 to 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.²⁹

(b) The Central General Staff³⁰ 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 duty of the Central General Staff³¹ 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 the efficiency of the Army and its state of preparation for military operations; to perform such inspections of the Army as may be necessary to insure thoroughness and uniformity in training and compliance with regulations; to perform for the infantry, cavalry, artillery and air units and the Off-shore Patrol³² such functions as the Chief of Staff may prescribe; and to render professional aid and assistance of the Chief of Staff.³³

(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 and higher units.

It shall be the duty of the General Staff with troops to render 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 plans of the commanding generals and in supervising the execution of such instructions.

Section 24.³⁴

Section 25. The Services shall consist of the following: (a) The Adjutant General's Service, the Judge AdvocateGeneral's Service, the Inspector General's Service, The Quartermaster Service, The Finance Service, the Medical Service, the Ordinance Service and the Chaplain Service. Each service shall consist of a Chief 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, and for the execution of all instructions and orders issued him by the Chief of Staff.³⁵

(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.³⁶

(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.³⁷

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(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.³⁸

(f) The Finance Service shall be charged with the disbursement of all funds for the national defense, the accounting of the same, and 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 prescribe, officers of the Finance Service, accountable for government moneys, may entrust such moneys to other officers for the purpose of having them 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.³⁹

(g) The Medical Service shall consist of the Medical Corps, the Dental Corps, the Veterinary Corps, the Nurse Corps, the Medical Administrative Corps and such other corps as may be created by the President. It shall be charged with all matters pertaining to the physical examination, health and sanitation of personnel and animals of the army. The same pay, allowances, rights and privileges shall be granted to the members of the Nurse Corps as are given to the members of the other corps in the Medical Service.⁴⁰

(g-1) All commissioned officers of the Nurse Corps who were appointed under Executive Order No. 267, dated April 15, 1940, issued pursuant to section 25 (e) of the National Defense Act, as amended by Commonwealth Act Numbered Three hundred and eighty-five, or who were appointed by the President of the Commonwealth of the Philippines and who were inducted into the United States Armed Forces in the Far East and served honorably as such with the said armed forces, shall be considered as commissioned officers of the Nurse Corps created by Republic Act Numbered Two hundred and three.⁴¹

(g-2) All said commissioned nurses shall be credited with a period of service equal to the number of years, months, and days which said nurses served on active military service either as members of the Nurse Corps created by Executive Order No. 267, issued pursuant to section 25(e) of the National Defense Act, as amended by Commonwealth Act Numbered Three hundred and eighty-five, or in the status of commissioned officers of the Army of the Philippines inducted into the United States Armed Forces of the Far East.⁴²

(g-3) The respective ranks and grades which said commissioned nurses held under Executive Order No. 267 or in the status of commissioned nurses of the Army of the Philippines inducted into the United States Armed Forces of the Far East are hereby recognized, and the period of service credited to them, as hereinabove provided, shall be counted and construed as continuous or active service for the purpose of determining their grades and ranks, seniority, promotion and retirement as members of the Nurse Corps, Medical Service: Provided, however, That promotions made in the said corps before the approval of this Act shall not be affected thereby.⁴³

(h) The Ordnance Service, the Medical Service, the Air Corps, the Corps of Engineers, the Signal Corps, the Off-shore Patrol,⁴⁴ and the Chemical Corps45 shall be charged with the purchase, procurement, storage and issue of such special equipment, materials and supplies as apply 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.⁴⁶

(i) The Chaplain Service shall have charge of the religious welfare of the Army.⁴⁷

Section 25-A. The Corps of Engineers is charged with all construction required for the National Defense, including land and seacoast defenses, with the maintenance and repair of all such construction and with the maintenance and operation of all utilities except such construction and such utilities as may be specifically assigned to other services by the Chief of Staff.

Section 25-B. The Signal Corps shall be charged with the installation, maintenance and operation of all military signal communication systems and equipment, except the installation, maintenance and operation of such systems as may be organic to tactical units.⁴⁸

Section 26. ⁴⁹

ARTICLE III

ENLISTMENT AND REENLISTMENT

Section 27. Any male citizen of the Philippines between eighteen 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 term 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 termination 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 among 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 Army, 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.50

Section 28. Regulations applying to the reenlistment and to the retirement privileges of noncommissioned officers of the Regular Force shall be prescribed by the President.

Section 29. Henceforth, enlisted men of the Armed Forces of the Philippines and Filipinos commissioned or enlisted in the Armed Forces of the United States who retained or reacquired their Philippine citizenship except those discharged for physical disability, who shall have served at least three years and honorably discharged therefrom shall be incorporated in the Reserve Force in the grade in which discharged, and assigned to an organization thereof, subject to annual active duty training in the same manner as any other reservist: Provided, That any other honorably discharged personnel of the United States Armed Forces not otherwise disqualified may be mustered in the Reserve Force: And provided, further, That nothing in this provision shall prevent the dropping from the rolls of the Reserve Force of the name of any person who shall subsequently become not qualified as a reservist.⁵¹

ARTICLE IV

MILITARY ACADEMY

Section 30. There shall be established a military training school to be named the Philippine Military Academy, for the training of selected candidates for permanent commission in the Regular Force. The student body in the Military Academy shall be known as the Cadet Corps of the Army of the Philippines.

Section 31. The President is authorized to appoint to the Military Academy annually, subject to such physical and mental examination 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 at any one time. Cadets shall be selected from among candidates as hereinafter provided. Candidates for admission must be single and must never have been married, in good physical condition, not less than seventeen nor more than twenty-two years of age on the first of April of the year of admission, and shall be nominated by the members of Congress,⁵² except as hereinafter provided, each of whom 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 Cadet Corps, hereinafter referred to as Congressional⁵³ quota shall be alloted to each Congressional District: Provided, further, That in case no candidates from a given Congressional⁵⁴ District attain the required minimum ratings, the vacancies in the Congressional⁵⁵ quota shall be filled by the President from successful candidates at large with the highest ratings: Provided, the President directly, without Congressional⁵⁶ nomination: Provided, still further, That a quota of eight members of the Cadet Corps shall be filled by the President directly, without Congressional⁵⁷ nomination, from qualified candidates with the highest ratings who are enlisted men of the Regular Force and who have completed at least one year of active military service and are in active status at the time of admission: Provided, still further, That a quota of four members of the Cadet Corps shall be filled by the President directly, without Congressonal⁵⁸ nomination, from qualified candidates with the highest ratings who are sons of enlisted men who are serving or who have honorably served for a period of at least six months in the Armed Forces of the Republic of the Philippines or of the Commonwealth of the Philippines, of duly recognized guerrilla units or of the United States Armed Forces prior to July fourth, nineteen hundred and forty-six: Provided, still further,That physically qualified sons of military personnel who have been cited for and awarded the medal for valor may be appointed as cadets by the President directly, without Congressional⁵⁹ nomination, and mental examination, on the condition that the number of such cadets shall not be included in the Cadet Corps strength of three hundred and fifty as herein provided: And provided, finally, That a quota of one foreign cadet per class may be alloted to each foreign country maintaining diplomatic relations with the Republic of the Philippines on the condition that the pay and allowances, per diems and traveling expenses of such cadet be borne by his country. Foreign cadets shall pass a qualifying mental examination and the number thereof authorized to train at the Military Academy shall not be included in the Cadet Corps strength of three hundred and fifty as herein provided.

The pay and allowances of students at the Military Academy shall be fixed by the President.

Any student, except foreign cadets, 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 or diseaseincident to the service, shall be retired with the rank of cadet and shall be entitled to the retired pay and allowances of second lieutenant of the Regular Force.

Upon satisfactory completion of the course of instruction at the Military Academy candidates, except foreign cadets, shall be commissioned second lieutenants in the Regular Forces notwithstanding the age limits for appointment in the regular force prescribed in section four (b) of Republic Act Numbered Two hundred ninety-one, with relative rank in order of final general standing as determined by the Academic Board, and approved by the Chief of Staff: Provided, That any cadet who is discharged from the Academy prior to the completion of the prescribed course of instruction shall not be commissioned in the Regular or Reserve Forces until after the members of his class have been graduated from the Military Academy and duly commissioned: Provided, further, That any cadet dismissed from the Academy for hazing shall not thereafter be eligible for appointment as commissioned officer in the Regular or Reserve Forces.

The Academic Board of the Philippine Military Academy shall be composed of the Superintendent, the Dean of the Corps of Professors, the Commandant of Cadets, and the heads of the departments and shall have the power to confer the degree of bachelor of science under such rules and regulations 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 Regular Force, for a period not exceeding one month effective upon the date of graduation.

Cadets may be granted leaves of absences from the Military Academy under such rules and regulations as the Chief of Staff may prescribe.

Academic leaves of absences without deduction from pay and 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.⁶⁰

ARTICLE V

THE RESERVE FORCE

Section 32. The Reserve Force shall consist of such number of Infantry Divisions located as the President may direct of such additional sepate regiments, battalions, companies, and similar separate units as the President may authorize; of all reserve classes not assigned to the above units, and of the Reserve elements of the Offshore Patrol.⁶¹

The organization of reserve land and air units shall, in so far as practicable, be that of corresponding tactical units of the Regular Force.

SEC.33. The Chief of Staff may detail or assign to duty with Reserve units such enlisted men of the Regular Force as he deems necessary.⁶²

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ARTICLE VI

RESERVE OFFICERS AND NONCOMMISSIONED OFFICERS

Section 34. Any person who shall have completed his trainee instruction and who is selected for training as a commissioned officer shall pursue a theoretical course of training of not less than six months to be prescribed by the Chief of Staff, upon completion of which he shall be assigned to duty with a Regular unit as prohibitionary third lieutenant⁶³ for another period of six months. At the end of this service those who have displayed qualities of leadership and who have demonstrated their fitness to command may be appointed and commissioned third lieutenants⁶⁴ of the Reserve Force and assigned to an organization thereof. Those who fail to complete the course of training shall be transferred to the Reserve Force as enlisted men and shall be assigned to an organization thereof.⁶⁵

Section 35. At such colleges and universities as the President may designate there shall be established and maintained Reserve Officers' Training Units of such arms and services as he shall specify, where every physically fit student shall be required to pursue a course of military instruction designed to qualify him for a commission as a third lieutenant⁶⁶ of the Reserve. In so far as may be practicable, the student shall be permitted to choose the arm or service in which he wishes to train. This course of military instruction, if pursued to completion, shall exempt students from trainee instruction. It shall not exempt them from registration.⁶⁷

Section 36. The Chief of Staff shall, by mutual agreement with the head of the institution, designate the senior military instructor and such commissioned and enlisted personnel as may be necessary for each institution. He is authorized to issue to such institutions the arms, equipment and other property which he deems essential to the conduct of this instruction.

Section 37. Each year the senior military instructor shall submit to the Chef of Staff the names of those members of the graduating class whom he recommends for further training. These graduates may be ordered to organizations of the Regular Force for a six months' probationary period. At the end of this service those who have displayed their fitness for Commission may be appointed and commissioned third lieutenants⁶⁸ of the Reserves and assigned to an organization thereof.

Section 38. Graduates who are not recommended for training as third lieutenants⁶⁹ and those who fail to qualify for appointment as such shall be assigned to the nearest age group in the Reserve and assigned to an organization thereof as private or noncommissioned officers as recommended. Students of military age who do not complete their courses of study at an institution of learning provided with a Reserve Officers' Training Unit shall be liable for trainee instruction⁷⁰ immediately upon severing their connection with the institution. If more than 20 years of age, they shall be assigned to the trainee class next to be called.

Section 39. The President shall appoint and commission, upon the recommendation of the Chief of Staff, such reserve officers as shall in his opinion be needed. If deemed necessary, candidates may be required to undergo training as probationary third lieutenants,⁷¹ before being appointed and commissioned in the reserves.⁷²

Section 40. In so far as may be practicable, original appointments by the President in grades above third lieutenant⁷³ shall be made from among those formerly holding Reserve Commissions in the United States Army, from among former officers of the Philippine Scouts and Constabulary, from among former officers of the National Guard and from such others who possess exceptional ability or special training and skill.⁷⁴

Section 41. Noncommissioned officers of the Regular Force between the ages of twenty-one and thirty years who are recommended for appointment as third lieutenants⁷⁵ shall pursue the course of instruction of six months prescribed for those who have completed their trainee instruction, and who are recommended for training to qualify as reserve officers. Upon satisfactory completion of this course they may be appointed and commissioned third lieutenants⁷⁶ of the Reserves and assigned to an organization of the Reserve Force. Except upon mobilization, no service as a reserve officer may be performed by an enlisted man of the Regular Force.⁷⁷

Section 42. Medical reserve officers shall be procured from graduates of medical colleges and universities under such regulations as may be prescribed by the President.

Section 43. Reserve officers shall be physically examined upon each assignment to active duty. Any reserve officer found physically unfit for active field service shall be discharged.

Section 44. Young men who complete their trainee instruction⁷⁸ and are selected for additional training⁷⁹ to qualify them as noncommissioned officers of the Reserve Force shall pursue a prescribed course of three months. Upon satisfactory completion thereof they shall be warranted in the transferred to the Reserve Force and assigned to an organization thereof.

Section 45. noncommissioned officer grade for which they shall have qualified, and then The Chief of Staff shall be empowered to organize and establish such special and advanced school units as he may deem proper for the special training of officers of the technical and supply sections and services, and for the advanced training of selected officers for field, staff, and command duties.

Section 46. All candidates for appointment as reserve officers, except medical officers, shall be required to qualify for appointment as third lieutenants⁸⁰ of the line before being permitted to pursue any special course pertaining to the technical and supply services.

ARTICLE VII

ACTIVE DUTY TRAINING OF RESERVISTS

Section 47. Periods of active duty training⁸¹ in the Reserve Force shall be as prescribed by the Chief of Staff. In so far as may be practicable, the active duty periods for the three echelons shall be as follows: First Reserves, annually, not less than ten days; Second Reserves, annually, not less than five days; and Third Reserves, every third year, not less than seven days.

During such periods of active duty training⁸² the reservist shall be amenable to the laws and regulations prescribed for the Regular Force. Except with his own consent, no enlisted reservist may be required in time of peace to serve more than thirty days on active duty in any calendar year.

Section 48. Any reservist who fails to report for active duty training⁸³ as directed by the Chief of Staff shall be punished as a court-martial may direct.

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.⁸⁴

Section 50. Mobilization centers shall be constituted as follows:

(a) Mobilization centers shall be established for the purpose of providing storage for the arms, equipment, 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.⁸⁵

TITLE III

MILITARY SERVICE

ARTICLE I

OBLIGATION TO SERVE AND LENGTH OF SERVICE

Section 51. All Filipinos are liable to military service.

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 between the ages of thirty-two years and forty-one years, both inclusive.

Third Reserve. – Those between the ages of forty-two years and fifty-one years, both inclusive.86

Section 53. Young men shall be required to register for military training and service in the Armed Forces of the Philippines—Philippine Army, Philippine Constabulary, Philippine Air Force, Philippine navy, and separate Armed Forces of the Philippines units—in the calendar year in which they will attain twenty years of age. The period of such training and service shall be for eighteen consecutive months. Each such person shall receive military training for a period of at least six months. After such training, he may be assigned for duty and service with elements of the Regular Force.⁸⁷

ARTICLE II

PROCUREMENT OF TRAINEES

Section 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 April first and seventh. Annual registration shall be held during the same period in succeeding years.

Section 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. 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 Governors shall be responsible that each young man in their province who shall have been drawn is notified at once of this fact.⁸⁸

Section 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. The following persons are exempt from registration:

(a) Members of the Philippine Scouts and the Philippine Army.

(b)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.

(c)Persons who, because of incarceration awaiting trial or undergoing sentece of a court of law, are prevented from registering. They shall upon their release from custody register for military trainee instruction with the president⁸⁹ of the municipality or township⁹⁰ 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. The following registrants are exempted from trainee instruction:

(a) Ecclesiastic regularly ordained and serving as a member of the clergy and seminary students of a recognized church or sect.

(b) Physicians properly certified and practicing as such.

(c) Superintendents of penitentiaries, corrective prisons, and insane asylums.

(d) The personnel of the coast guard revenue cutter and lighthouse inspection services.

(e) Pilots, navigators and marine superintendents.

(f) Filipino citizens who are civil service eligibles and who are employed regularly by the United States Government:⁹¹ 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.⁹²

Section 60.⁹³

ARTICLE III

EXAMINATION, CLASSIFICATION, DEFERMENTS

Section 61. Acceptance Board 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 require. TheSecretary 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 the 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.⁹⁴

Section 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. Young men who have been called for trainee instruction,⁹⁵ 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:

(a) Class I—Fit for unlimited service.

(b) Class II—Fit for limited service only.

(c) Class III—Deferred until a later date.

(d) Class IV—Exempted for physical reasons.

Section 64. The following, during the period of their employment or functions, may have their trainee instruction⁹⁶deferred for not to exceed three years:

(a) Such officers and employees of the insular,⁹⁷ provincial, municipal, and municipal district governments, as the President may designate in executive orders.

(b) Officials and agents of organized police forces.

(c) Officials of land, air, and marine transport.

The persons above mentioned shall be exempted from all military service except trainee instruction⁹⁸ 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. 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 for 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 training⁹⁹ in the same manner as that prescribed for any other citizen.

Section 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. The Acceptance Board shall be responsible for the prompt forwarding of the trainee's name, together will all documents and records pertaining to him, to his future station.

Section 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. 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,¹⁰⁰ and shall enter upon such instruction. During the period of his absence undergoing instruction, an allowance for the partial support of his dependent or dependents, who have no other 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.¹⁰¹

Section 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. The District Commanders¹⁰² 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 Board 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.¹⁰³

ARTICLE IV

CENTRAL REVIEW BOARD

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 year. Thereafter, all appointments shall be for five years. In 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 member having the longest service on the Board. The Board shall hold its session in the City of Manila.¹⁰⁴

Section 73. Decision in all matters before the Board shall be by 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 theSecretary of National Defense.¹⁰⁵

Section 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 shall be final.

Section 75. The salaries of the members of the Board shall not exceed three thousand pesos per annum, except that the military member shall receive the pay and allowance of his rank and service. These salaries and those of the assistants 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 SERVICE

Section 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 o 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 Chief of Staff and to the Mayor of the municipality or municipal district of his residence.¹⁰⁶

Section 76-A. Any person failing to register for military service herein provided, or who shall fail to report to the corresponding Acceptance Board or to a designated training camp after having been duly notified to do so shall, upon conviction, be sentenced to serve not more than six months in prison or to pay a fine of not to exceed twohundred 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.

The municipalities and chartered cities shall be exempt from the payment of all court and sheriff's fees in the prosecution of cases falling under this section.¹⁰⁷

ARTICLE VI

TRANSFER TO RESERVE FORCE

Section 77. Upon competition of the prescribed course of trainee instruction108 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 General. From this time his name shall be carried on the rosters of the Reserve force.

Upon transfer to the Reserve Force, such arms, accountrements and clothing as shall be prescribed, shall be transferred to the mobilization center of his organization.

Section 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 the First Reserve to include the calendar year in which he shall reach thirty-one years of age. On December thirty-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 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.¹⁰⁹

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 grades, to register their names 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 shall be performed by the Chiefs of Police in chartered cities.¹¹⁰

Section 79. Enlisted men of the Reserve Force shall report for physical examination as may be required by theSecretary of National Defense.¹¹¹

ARTICLE VII

PREPARATORY MILITARY TRAINING

Section 80. The purpose of preparatory military training¹¹³ shall be as follows: To develop the national spriti; to make the youth physically strong; to make the youth morally confident, and to prepare the youth for military service.

Section 81. Preparatory military training¹¹⁴ 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. Preparatory military training¹¹⁵ is compulsory upon the youth attending school and upon others when they shall become eighteen years of age.

Section 83. The physically unfit shall not be required to undergo military training.¹¹⁶ Physical fitness shall be determined by a board of medical officers which shall be appointed by the District Commander.¹¹⁷

Section 84. The District Commander¹¹⁸ is charged with the supervision of preparatory military training whichshall 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.¹¹⁹

Section 85. Instructors for cadets shall be assigned from qualified male teachers in school who are members of the Reserve Force or who have satisfactorily completed any course of military instruction which would qualify a person for a commission in the Armed Forced of the Philippines.

Instructors for the Junior Reserve shall be assigned from the officers and men of the Regular Force or of the Reserve Force.

Qualified instructors in the Preparatory Military Training may be required by the Chief of Staff to undergo annual active duty training for not more than thirty days in any calendar year. While undergoing such training they shall be furnished subsistence, suitable quarters and transportation furnishable to reserve officers on annual active duty training.¹²⁰

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

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.121

Section 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 regulations as the Secretary of National Defense may prescribe.122

TITLE IV

GRADES, PAY AND ALLOWANCES

Section 89.¹²³

Section 90. The annual rates of 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,124 shall be as may be prescribed by the President in Executive Orders.125 Pending issue of appropriate Executive Orders, the rates of pay and allowances now prescribed for officers of the Constabulary shall apply to the officers designated 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 an additional compensation equivalent to twenty-five per centum of the monthly pay received by non-flying personnel of the same rank and grade.¹²⁶

Section 90-A. When an officer of the Regular Force or a Reserve Officer ordered to extended tour of active duty suffers some injury or disease shall not be counted against the annual leave allowance provided in sections five and seven of Commonwealth Act Numbered Two hundred twenty. An injury or disease shall be considered as acquired in line of duty when it is contracted in the service for reasons other than the officer's own misconduct, willful failure, the intemperature use of drugs or alcoholic liquor, or through vicious or immoral habits.¹²⁷

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 own misconduct, willful failure, the intemperate use of drugs or alcoholic liquor, or through vicious or immoral habits.¹²⁸

Section 91. ¹²⁹

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Section 91-A. ¹³⁰

Section 92. Individuals undergoing training in the grade of probationary second lieutenant shall receive pay as provided in the preceding section for trainees of more than ten months service, except that they shall receive such allowances in cash or in kind as the Chief of Staff may prescribe.¹³¹

Section 93. The members of the Reserve Officers' Training Units shall receive no pay. They shall receive such clothing allowance for uniforms as the Chief of Staff shall direct.

While undergoing instruction as probationary third lieutenants¹³² to qualify as Reserve Officers, they shall receive the pay of trainees and the subsistence allowance prescribed for their grade.

Section 94. Reserve Officers and enlisted members of the Reserve Force on annual active duty training shall receive no pay.¹³³ 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.¹³⁴

Section 95. Reserve Officers on extended active duty with the Regular Force shall receive pay and allowance,leave with pay, free medical treatment, and other privileges as prescribed by law or regulation for Regular Officers of their respective grades.

Officers of the Army of the United States serving as members of the National Defense Mission may be given during their period of such service, such military offices, rank, command and emoluments as the President of the Philippines may elect. The Commissions conferred upon the officers originally serving as technical advisers shall include one Field Marshall, who shall be known as the Military Adviser.¹³⁵

Section 96. The Junior Cadets, High School Cadets, and Junior Reservists shall receive no pay.

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TITLE V

APPROPRIATION OF FUNDS

ARTICLE I

METHOD OF APPROPRIATING, EXPANDING, AND ACCOUNTING FOR NATIONAL DEFENSE FUNDS

Section 97. Public funds for the defense of the Philippines shall be appropriated, expended, and accounted for according to six purposes, as follows:

I Pay and Allowances of Personnel.

II. Maintenance of Personnel.

III. Transportation.

IV. Armament, 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 unexpended 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,¹³⁶ any provision of existing law to the contrary nothwithstanding.¹³⁷

PURPOSE I

Personnel

This purpose shall include the following items: Base pay, longevity pay, commutation of quarters, and clothing allowance of officers and enlsited men of the Regular and Reserve 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 annually appropriated for the Pension and Retirement Fund of the Army.¹³⁸

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 lighting, 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 Military education for the welfare of the Army, and for burial of members of the Army who die in active service.¹³⁹

PUROSE III

Transportation

This purpose shall include the following items: The 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 when 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.

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 of mobilization centers, and all items necessary in the development of the National Defense forces.

PURPOSE V

Construction

This purpose shall include the construction of land and sea-coast defenses, the construction of barracks, quarters, hospitals, depots, arsenals and all other building 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 all 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.¹⁴⁰

Section 98. ¹⁴¹

TITLE. VI

FINAL PROVISIONS

Section 99. All laws and parts of laws which are inconsistent with this Act, are hereby repealed.

Section 100-101. ¹⁴¹

Section 102. This Act shall take effect upon its approval.

Approved, December 21, 1935.

(source: Philippine Laws and Jurisprudence Data Bank, Atty. Cyrus Torreña Law Office)