Commonwealth Act No. 1

Be it enacted by the National Assembly of the Philippines:

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

SEC. 2.
The national defense policy of the Philippines—National, shall be as follows:  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.  The employment of the nation's citizens and resources for national defense shall be effected by a national mobilization.  The national mobilization shall include the execution of all measures necessary to pass from a peace to a war footing.  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 measures are prepared at all times.  A national mobilization shall be ordered in any case of threatened or actual aggression.  The national defense organization shall be adapted as closely as possible to the territorial and administrative organization of the Philippines.  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.  No profit incident to war shall accrue to any individual, corporation, association or partnership.</li></ol>

SEC. 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.

SEC. 4.
The registration of citizens for military service shall be a civil function carried out by the civil authorities under the supervision of the Provost Marshal General.

SEC. 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.

SEC. 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, 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.

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

SEC. 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.

SEC. 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 which will be further subdivided into military provinces, as the President may direct.

SEC. 10.
In every military district a commissioned officer of the regular army shall be assigned as District Commander. 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, 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.

SEC. 11.
In every military province, a commissioned officer of the regular army shall be assigned as Provincial Commander. He shall supervise, under the District Commander, the execution of all recruitment laws and the laws and regulations governing the mobilization of persons and resources for national defense within the province. This supervision shall apply to the activities of the civil authorities charged with these duties, and for the purposes of this supervision, he shall be a member of the Provincial Governor's Staff, and shall be provided with such assistants as the Chief of Staff may direct.

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

SEC. 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 Provincial Commander shall be responsible for the operation of these mobilization centers at all times.

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

SEC. 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.

SEC. 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.

SEC. 17.
The Army of the Philippines shall consist of the Regular Force and the Reserve Force.

SEC. 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 and for the performance of national police duties in peace and war. The army shall at all times be organized in so far as practicable into battalions, regiments, divisions and, if necessary, higher units. The personnel and duties of the Philippine Constabulary shall, within one year following the passage of this Act be transferred to the control of the Chief of Staff, who shall thereafter be responsible in both peace and war for the functions performed by the Constabulary at the time of passage of this Act.

SEC. 19.
The Regular Force shall consist of the Infantry, the Cavalry, the Field Artillery, the Coast Artillery Corps the Air Corps, the Corps of Engineers, the Signal Corps, and the active elements of the Offshore Patrol; the General Staff Corps; the Services consisting of the Adjutant General's Service, the Judge Advocate Service, the Quartermaster Service, the Medical Service; the Ordnance Service, and tie Chaplain Service, the professors and cadets of the Military Academy; of detached officers, of detached enlisted men, of unassigned recruits, of such other officers and enlisted men as may be provided for, and en, and of the Constabulary. Officers and enlisted men permanently assigned to the services shall be known as officers and enlisted men of the Staff; officers and enlisted men not permanently assigned to a service shall be known as officers and enlisted men of the line. In time of peace the number of active commissioned officers and of active enlisted men required for the Regular Force shall be recommended annually by the Chief of Staff. In so far as may be practicable, the commissioned and the enlisted personnel of the Regular Force shall be drawn from all provinces of the Philippines.

SEC. 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.

SEC. 21.
The organization of the Regular Force shall be as follows: <ol style="list-style-type:lower-alpha"><li> The Constabulary shall be organized from such personnel of the Regular Force and in such manner as the Chief of Staff may prescribe. In to addition to the normal peace-time duties now prescribed, the Constabulary shall be charged with the execution of laws pertaining to the discharge of their military obligations by male citizens of the Philippines, and with the supervision of such preparatory military instruction as the Chief of Staff may prescribe. </li><li> All other regular units shall be organized as the President may direct. </li><li> 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 21 days annually shall be considered as regular annual training; all periods m excess of 21 days annually shall be classed as extended tours of active duty. </li><li> The President may likewise attach for their prescribed period of military training such number of trainees to regular units as he deems necessary.</li></ol>

SEC. 22.
The appointment, promotion, and discharge of officers in the Army shall be as follows: <ol style="list-style-type:lower-alpha"><li> 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, 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 the 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. </li><li> 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 appointment 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. </li><li> Except as hereinafter authorized, all appointments of regular officers shall be in the grade of third lieutenant, from among applicants who at the time of appointment shall be not less than twenty-one nor more than twenty-six years of age. Priority in filling vacancies in the grade of third lieutenant will be given: first, to graduates of the Military Academy of the Philippines or of the Military or Naval Academies of the United States; second, to graduates of senior military training units in schools and colleges; third, to enlisted men who at the time of appointment shall have served more than one year in the Army of the Philippines; and fourth, to others: Provided, That original appointments in the Medical Corps shall be in the grade of first lieutenant from among applicants who at the time of appointment shall not be less than 25 nor more than 35 years of age: And provided, also, That during the five years following the approval of this Act, the President is authorized to fill vacancies in any commissioned grade in the Army of the Philippines by appointment of officers of the Philippine Constabulary who are citizens of the Philippines and of such officers of the Philippine Scouts and of the Officers' Reserve Corps, U. S. Army, and of graduates of the United States Naval Academy, citizens of the Philippines, as have, prior to their appointment in th8 Army of the Philippines, legally and honorably severed their connection with the active elements of the Army of the United States, and of such others as may qualify through professional and military examination prescribed for the purpose. </li><li> Officers will be distributed among grades as determined by the President of the Philippines: Provided, That the number of officers commissioned above the grade of colonel shall at no time exceed 1.2 per cent of the authorized strength of the officer corps; above the grade of lieutenant colonel shall not exceed 2.6 per cent; above the grade of major shall not exceed 5.2 per cent; above the grade of captain shall not exceed 14.9 per cent; above the grade of first lieutenant shall not exceed 45.2 per cent. </li><li> In determining relative standing, officers of the Regular Force shall take precedence over officers of like grades in the Reserve Force. Officers in each grade in the Regular Force and in the Reserve Force shall be separately listed in order of rank in a manner to be prescribed by the President, which list shall establish the seniority of each officer in the Regular and Reserve Forces, respectively, and which seniority shall not be thereafter changed except through operation of this or other laws: Provided, That nothing in this Act shall be construed as giving officers with purely military functions authority over officers with purely civil functions and vice versa, except as specifically prescribed in this or in other acts. </li><li> 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, officer. Any reserve officer may, in the discretion of the President, be discharged at any time. </li><li> Until superseded by laws formulated by the National Assembly for specific application to the Army of the Philippines, all regulations, courts-martial procedure, and provisions of law now pertaining to the punishment, discharge, dismissal, resignation, administration, and retirement of officers and enlisted men of the Philippine Constabulary shall, as modified by provisions of this and other laws, apply to all officers and enlisted men on active duty in the Army. </li><li> 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. </li><li> 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 chaplains or medical service shall be permitted. Transfers in time of war shall be made as prescribed by the Chief of Staff. </li><li> With the approval of the American Government not to exceed one-half of one per cent of the commissioned officers 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. </li><li> 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 and allowance of the officers so detailed, except for the cost of tuition at such technical, professional, and other educational institutions. </li><li> 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. </li><li> Transfers of reserve officers within their category shall be made under such rules as the President may prescribe.</li></ol>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.

SEC. 23.
The General Staff Corps shall consist of the Chief of Staff, the Central General Staff, and the General Staff with troops <ol style="list-style-type:lower-alpha"><li> The Chief of Staff shall be directly subordinate to the President of the Philippines. He shall preside over the Central General Staff. Under the direction of the President of the Philippines, he shall cause to be made, by the Central General Staff, the necessary plans for recruiting, organizing, supplying, equipping, mobilizing, training, and demobilizing the Army in peace and in war and for the use of the military forces for national defense. He shall render annually to the President, for transmission 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. </li><li> The Central General Staff shall consist of the Chief of Staff, the Deputy Chief of Staff, the Provost Marshal General, 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 Staff to prepare plans for the national defense and for the mobilization of the man-power and material resources of the nation in an emergency, to investigate and report upon all matters affecting 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 Constabulary such; functions as the Chief of Staff may prescribe; and to render professional aid and assistance to the Chief of Staff. </li><li> The General Staff with troops shall consist of such number of officers not below the grade of firsts ¦ lieutenant as may be necessary to perform the General Staff, duties of the headquarters of divisions and higher units.</li></ol>It shall be the duty of the General Staff with troops to render professional aid and assistance to the general of: fleers 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.

SEC. 24.
Except as herein otherwise provided, the Provost Marshal General shall, under the direction of the Chief of Staff, be responsible for the performance of all duties heretofore devolving upon the Chief of the Philippine Constabulary. He shall exercise such supervision and control over all kinds and classes of police forces as may be directed by the President, for the maintenance of peace, law and order throughout the Philippines. The Provost Marshal General is charged, under the direction of the Chief of Staff, with the training, discipline, administration and interior economy of the Philippine Constabulary. The office of the Provost Marshal General shall contain a Recruiting Division, a Constabulary Division and such other divisions as the Provost Marshal General, under supervision of the Chief of Staff, shall prescribe. The Recruiting Division, under the supervision of the Provost Marshal General and the Chief of Staff, shall be responsible for the execution of all laws and regulations regarding the registration, examination and assignment of male citizens of the Philippines in connection with the fulfillment of their military obligations as prescribed in Title III of this Act. The Constabulary Division, under the supervision of the Provost Marshal General and the Chief of Staff, shall be charged with all functions now carried out by the Chief of Constabulary and His Headquarters Administrative Staff, except those pertaining to the purchase, procurement, storage and issue of all military supplies, equipment, material and animals, to the recruiting of personnel, and to the operation of the Military Academy.

SEC. 25.
The Services shall consist of the following: <ol style="list-style-type:lower-alpha"><li> The Adjutant General's Service, the Judge Advocate's service, the Quartermaster Service, the Medical Service, the Ordinance Service and the Chaplain’s 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. </li><li> 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. </li><li> The Judge Advocate's Service shall render such legal assistance as may be required by the military forces. </li><li> 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 operation of utilities, with the acquisition of real estate and the issue of licenses in connection with government military reservations; with the transportation of the Army by land and water, and with the disbursement of all funds for the National Defense, the accounting for same, and with such other fiscal duties 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: Provided, further, That under such officers regulations as the Chief of Staff may prescribe, officers of the Quartermaster Service, accountable for government moneys, may entrust 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 held pecuniarily responsible to the Philippine Government. </li><li> The Medical Service shall be charged with all matters pertaining to the physical examination, health, and sanitation of personnel and animals of the Army, including the procurement of technical medical equipment. </li><li> The Ordnance Service shall be charged with the purchase, procurement, storage, and issue of such ordnance, chemical warfare, engineer and signal material as the President may direct. The several sections of the Ordnance Service are charged with the study, experiment and development of all technical material and equipment pertaining to their respective services. </li><li> The Chaplain Service shall have charge of the religious welfare of the Army.</li></ol>

SEC. 26.
The offshore patrol shall comprise all marine equipment and personnel acquired by the Philippine Government and assigned either in peace or in war to the control of the Chief of Staff. It shall have such duties and powers as may be prescribed by the Chief of Staff.

SEC. 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: <ol style="list-style-type:lower-alpha"><li> Enlistments shall be for a term of three years, and may be made by the recruiting officers at stations of the Regular Force. </li><li> 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. </li><li> 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 these forces shall be apportioned among the various provinces of the Philippines.</li></ol>

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

SEC. 29.
An enlisted man who shall have served honorably, at least three years and does not reenlist shall be exempt from further military service except in a national emergency. He shall be required, however, to register his address at the military headquarters nearest to his place of residence.

SEC. 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.

SEC. 31.
The President is authorized to appoint to the Military Academy annually, subject to such physical and examinations as he may prescribe, the number of examinations, cadets necessary to maintain the Cadet Corps at a strength of not to exceed three hundred and fifty. Cadets shall be selected from among qualified candidates as hereinafter provided. Candidates for admission shall be single, in good physical condition, not less than seventeen nor more twenty-two years of age, and shall be nominated by the Members of the National Assembly, 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 shall be allotted to each Assembly district: Provided, further, That in case no candidates from a given Assembly district attain the required minimum ratings, a second examination shall be given during the same year to nominees from that district. If on the second examination no candidate shall attain the required minimum rating, the vacancies in the district quota shall be filled by the President from successful candidates at large. The pay and allowances of students at the Military Academy shall be fixed by the President. Any student who shall, after entrance to the Academy and before completion of the prescribed course of training, be found to be physically unfit for military duty by reason Of injury or disease incident to the service, shall be retired with the rank of cadet and shall be entitled to the retired pay and allowances of a third lieutenant of the Regular Force. Upon satisfactory completion of the course of instruction at the Military Academy candidates shall be commissioned third lieutenants in the Regular or Reserve Forces with relative rank in the order of final general standing' as determined by the Faculty Board and Commandant of the Academy, and approved by the Chief of Staff.

SEC. 32.
The Reserve Force shall consist of such number of Infantry Divisions located as the President may direct; of such additional separate 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. 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.

SEC. 34.
Any person who shall have completed his trainee instruction, 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 probationary third lieutenant 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 lieutenants 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.

SEC. 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 lieutenant of 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.

SEC. 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.

SEC. 37.
Each year the senior military instructor shall submit to the Chief 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 lieutenants of the Reserves and assigned to an organization thereof.

SEC. 38.
Graduates who are not recommended for training as third lieutenants 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 instruction 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.

SEC. 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.

SEC. 40.
In so far as may be practicable, original appointments by the President in grades above third lieutenant shall be made from among those formerly holding Reserve commissions in the United States Army and from former officers of the Philippine Scouts and Constabulary.

SEC. 41.
Noncommissioned officers of the Regular Force regular force between the ages of twenty-one and thirty years who are recommended for appointment as third lieutenants 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 lieutenants 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.

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

SEC. 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.

SEC. 44.
Young men who complete their trainee instruction and are selected for additional training 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 officer grade for which they shall have and then transferred to the Reserve Force and to an organization thereof.

SEC. 45.
The Chief of Staff sha1l be empowered to organize and establish such special and advanced school 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.

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

SEC. 47.
Periods of active duty training 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 training 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.

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

SEC. 49.
Any employee of the Government called for trainee instruction, or for regular annual active duty training, shall not be compelled to lose his position or to suffer a loss of pay due to his absence in the fulfillment of his military obligations.

SEC. 50.
Mobilization centers shall be constituted as follows: <ol style="list-style-type:lower-alpha"><li> 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. </li><li> 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. </li><li> Provincial Commanders, acting under the Chief of Staff, shall be responsible that all arms, equipment, and other material stored in such buildings within their respective provinces are properly cared for and secured, and that all records turned over to the chief caretaker by military units are preserved intact.</li></ol>The Constabulary shall, whenever practicable, be charged under the Provincial Commanders with the care of the arms, equipment and other materials, and of the records at mobilization centers.

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

SEC. 52.
The obligation to undergo military training shall begin with youth in school, commencing at the age of ten years and shall extend through his schooling until he shall reach the age of eighteen years. At this age he shall enter the Junior Reserve to which he shall be assigned until he is twenty-one years of age when he shall become subject to service with the colors, and thereafter with the Reserve Force until he shall reach fifty years of age. The training, which he may undergo prior to the calendar year in which he attains twenty-one years of age shall be termed “Preparatory Military Training." All school girls shall receive such instruction and training as the Chief of Staff may deem necessary for auxiliary service.  All able-bodied male citizens between the ages of twenty years and fifty years, both inclusive, except those specifically exempted, shall be classified as follows:  Trainees—Those between the ages of twenty and twenty-two who have been selected to receive military training.  First Reserve—Those between the ages of twenty-two; years arid thirty years, both inclusive, and including also: all those who have completed trainee instruction even though' they may not have attained the age of twenty-two.  Second Reserve—Those between the ages of thirty-one: years and forty years, both inclusive.  Third Reserve—Those between the ages of forty-one, years and fifty years, both inclusive.

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

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

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

SEC. 56.
On May fifteenth of each year the Provost Marshall General shall conduct a drawing which shall determine those registrants who are to be called for trainee instruction in the next calendar year. He shall cause immediate and thorough publication to be given of the names of those who shall, have been drawn. Provincial Governors shall be responsible that each young man in their province who shall responsibility have been drawn is notified at once of this fact.

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

SEC. 58.
The following persons are exempt from registration: <ol style="list-style-type:lower-alpha"><li> Members of the Philippine Scouts and the Philippine Army. </li><li> 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. </li><li> Persons who, because of incarceration awaiting trial undergoing sentence of a court of law, are prevented from registering. They shall upon their release from custody register for military trainee instruction with the president of the municipality or township in which they reside. If under thirty years of age at the time of release, they shall be liable for trainee instruction; if over that age, they shall not be required to serve with the colors.</li></ol>

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

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

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

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

SEC. 63.
Young men who have been called for trainee instruction, upon reporting to the Acceptance Boards, shall be required to complete a questionnaire of a prescribed form, and to undergo a physical examination. The board shall then classify the young men into the following classes: <ol style="list-style-type:lower-alpha"><li> Class I—Fit for unlimited service. </li><li> Class II—Fit for limited service only. </li><li> Class III—Deferred until a later date. </li><li> Class IV—Exempted for physical reasons.</li></ol>SEC. 64. The following, during the period, of their employment or functions, may have their trainee instruction deferred for not to exceed three years: <ol style="list-style-type:lower-alpha"><li> Such officers and employees of the insular, provincial, municipal, and municipal district governments, as the President may designate in executive orders. </li><li> Officials and agents of organized police forces. </li><li> Officials of land, air, and marine transport.</li></ol>The persons above mentioned shall be exempted from all military service except trainee instruction and except for active service in a national emergency, expressly declared by the National Assembly when they shall be liable for military service or special assignment as directed by the President.

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

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

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

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

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

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

SEC. 71.
The District and Provincial Military Commanders or their duly appointed assistants shall supervise the recruitment of the man-power in their districts or provinces. This responsibility shall extend to a supervision of registration and the administration and operation of all Acceptance Boards within the territorial limits of their commands. They shall have access at all times to the records pertaining to registration, examination, and classification. They shall report all irregularities coming to their attention to the Provost Marshal General. Provincial Commanders shall submit such reports through the Provincial Governor and District Commander.

SEC. 72.
The Central Review Board shall consist of five citizens appointed by the President who shall designate the Chairman of the Board. One member shall be an officer of the Philippine Army, representing the Provost Marsha] General. Initially, one member shall be appointed for five years, one member for four years, one member for three years, one member for two years, and the remaining member for one year. Thereafter, all appointments shall be for five years. In case any vacancy occurs before the expiration of the terms of office of any member, his successor shall serve only the unexpired portion of said term. No member shall be eligible for reappointment. Upon the expiration of the term of office of the Chairman, that office shall devolve upon the member having the longest service on the Board. The Board shall hold its sessions in the City of Manila.

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

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

SEC. 76.
Upon reporting at the designated training station the young man shall be examined physically, and, if fit for the service of his classification, he shall be assigned to duty with an organization and sworn in. If the examination discloses any cause for a change in his classification, the change shall be effected by the local Commander immediately and his assignment to training instruction varied accordingly. Where a change of station is necessary to provide the requisite training, the Commanding Officer shall be empowered to issue the necessary orders covering his transportation. Upon joining his organization, he shall be sworn in. In case of physical disability disqualifying him for military service, he shall be returned to his home and prompt report made of such action to the Provost Marshal General and to the president of the municipality or municipal district of his residence.

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

SEC. 78.
On completion of his training instruction the trainee shall pass into the First Reserve where he shall be assigned to an organization. He shall continue to serve in tile First Reserve until he shall reach thirty years of age. On January first of the year in which he shall become thirty-one years of age, he shall be transferred to the Second Reserve where he shall be assigned to an organization in that echelon. He shall serve in the Second Reserve until he shall become forty years of age. On January first of the year in which he shall become forty-one years of age, he shall be transferred to the Third Reserve in which he may be assigned to an organization. He shall serve in the Second Reserve until he shall be fifty years of age.

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

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

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

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

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

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

SEC. 85.
Instructors for cadets shall be assigned by the Provincial Commander from the qualified male teachers in the provincial schools who are members of the Reserve Force. Instructors for the junior reserve shall be assigned by the Provincial Commander from the officers and men of the Regular Force stationed in the province.

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

SEC. 87.
The following persons are exempted from training in the Junior Reserve: Those who are found physically unfit by a medical board; those who are living abroad; those living more than thirty kilometers distance from the nearest community where instruction is given; and those undergoing any other form of authorized military instruction.

SEC. 88.
Parents and employers shall be required to compel attendance at preparatory military training. Upon conviction of deliberate failure to discharge this obligation, the responsible parent or employer or both shall be subject to a fine of not to exceed one hundred pesos. Enrollment in each category of preparatory military training shall be accomplished at such times and under such regulations as the President may prescribe.

SEC. 89.
The grades and pay of enlisted men shall be as follows: <ol style="list-style-type:lower-alpha"><li> Monthly base pay for enlisted men of the Regular Force shall be forty-two pesos and fifty centavos for the first grade; forty-one pesos and fifty centavos for the second grade; forty pesos and fifty centavos for the third grade; thirty-six pesos for the fourth grade; twenty-seven pesos for the fifth grade; twenty-two pesos for the sixth grade: seventeen pesos for the seventh grade; and fourteen pesos for the eight grade. The grades and monthly pay of the members of the Constabulary Band shall be as follows: assistant conductor, P120.00; soloist, P72.00; musician, first class, P57.58; musician, second class, P50.41. The grades and monthly pay of the members of the Aviation Corps shall be as follows: sergeant-major, P75.00; staff sergeant, P75.00; first sergeant, P40.00; sergeant, P36.00; corporal, P27.00; private, P22.00. An enlisted man of the Regular Force who shall reenlist within two months after his discharge by reason of the expiration of his term of enlistment shall receive a reenlistment bonus of one month’s pay of the grade held at the time of his discharged. The total number of authorized enlisted men in each grade shall be as the President may direct, provided that the enlisted strength authorized by law is not exceeded, and, provided, also, that of the authorized strength the percentages above the lowest grade shall be limited as follows: ""</li><li> Grades and pay of enlisted men of the Reserves shall be the same as those of the regular Force, except that enlisted men shall receive no pay while on any inactive status, or while undergoing annual active duty training.</li></ol>

SEC. 90.
The annual rates of pay and allowances, to be paid monthly, for officers of the Regular Force and for reserve officers ordered to extended tours of active duty, except probationary third lieutenants, shall be as may be prescribed by the President in Executive Orders. Pending issue of appropriate Executive Orders, the rates of pay and allowances now prescribed for officers of the Constabulary shall apply to the officers designated in this section.

SEC. 91.
Young men undergoing trainee instruction shall receive five centavos per day, I addition to meals and barracks accommodations, medical attention, clothing, and transportation where the distance from home to the place of training is in excess of twenty kilometers, or where water transportation is required.

SEC. 92.
Trainees pursuing courses of training to qualify them for the duties of commissioned and noncommissioned officers shall receive the same as that preceding section. While undergoing training in the grade of probationary third lieutenant they allowance for of subsistence as the Chief of Staff may prescribe.

SEC. 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 instructions as probationary third lieutenants to qualify as Reserve officers, they shall receive the pay of trainees and the subsistence allowance prescribed for their grade.

SEC. 94.
Reserve officers and enlisted members of the Reserve Force on annual active duty training shall receive no pay. They shall be furnished subsistence and suitable quarters while engaged on such duty. They shall transportation, be furnished transportation or reimbursement therefor, for the travel from their home to the place of active duty and return thereto, where the distance from home to the place of active duty is in excess of forty kilometers.

SEC. 95.
Reserve officers on extended active duty with the Regular Force shall receive pay and allowances 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 emoluments as the Philippines may elect. The commissions conferred upon the officers originally serving as technical advisers shall include one Field Marshal, who shall be known as the Military Adviser.

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

SEC. 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 and that funds appropriated for one purpose shall not be expended for any other purpose: 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 for expenditure under the same purposes in succeeding fiscal years.

PURPOSE I. Personnel
This purpose shall include the following items: base pay, longevity pay, commutation of quarters, and clothing allowance of officers and enlisted men of the Regular and Reserve Forces, the pay and allowances 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 Preparatory Military Training and the amount or amounts annually appropriated for the Pension and Retirement Fund of the Army.

PURPOSE II. Maintenance of Personnel
This purpose shall include the following items: Subsistence sanitation and hospitalization, and quartering of the Regular Force and of the Reserve Force when on active duty, including the 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 Preparatory Military education, for the welfare of the Army, and for burial of members of the Army who die in active service.

PURPOSE III. Transportation
This purpose shall include the following items: 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 buildings required for the National Defense, and the acquisition of real estate.

PURPOSE VI. Miscellaneous Expenditures
This purpose shall include the miscellaneous expenditures of the various arms and services of the Military Establishment and of the Central General Staff as determined by the President, and the contingencies of the Army.

SEC. 98. Appropriation of Funds.
In addition to the appropriations for the Philippine Constabulary for the year 1906 amounting to P7,117,485.50, the sum of P8,879,045.50 is hereby appropriated out of any funds in the Philippine Treasury not otherwise appropriated in order to carry out the purposes of this Act, as follows:

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

SEC. 100.
No provision of this Act shall operate to reduce the total annual pay and allowances of any officer or enlisted man of the Philippine Constabulary below the total annual pay and allowances received by him from the Insular Government at the time of the inauguration of the Commonwealth of the Philippines.

SEC. 101.
The sums herein appropriated shall not be available until January first, nineteen hundred and thirty-six: Provided, however, That the sums appropriated under items 51, 53 to 55, inclusive, and under items 60 to 67, inclusive, of section 98 of this Act, shall be available for immediate expenditure upon the approval hereof.

SEC. 102.
This Act shall take effect upon its approval. Approved, December 21, 1935.