S. No. 1824 H. No. 3593 / 98 OG No. 11, 1340 (Mar. 18, 2002) ; Bulletin & Inquirer 3/8/02 ; 16 VLD 2d 142

[ REPUBLIC ACT NO. 9163, January 23, 2002 ]

AN ACT ESTABLISHING THE NATIONAL SERVICE TRAINING PROGRAM (NSTP) FOR TERTIARY LEVEL STUDENTS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7077 AND PRESIDENTIAL DECREE NO. 1706, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

 SECTION 1. Short Title. — This Act shall be known as the "National Service Training Program" (NSTP) Act of 2001.

SEC. 2. Declaration of Policy. — It is hereby affirmed the prime duty of the government to serve and protect its citizens, In turn, it shall be the responsibility of all citizens to defend the security of the State and in fulfillment thereof, the government may require each citizen to render personal, military or civil service. Recognizing the youth's vital role in nation-building, the State shall promote civic consciousness among the youth and shall develop their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism, nationalism, and advance their involvement in public and civic affairs. In pursuit of these goals, the youth, the most valuable resource of the nation, shall be motivated, trained, organized and mobilized in military training, literacy, civic welfare and other similar endeavors in the service of the nation.

SEC. 3. Definition of Terms. — For purposes of this Act, the following are hereby defined as follows:

"National Service Training Program (NSTP)" is a program aimed at enhancing civic consciousness and defense preparedness in the youth by developing the ethics of service and patriotism while undergoing training in any of its three (3) program components. Its various components are specially designed to enhance the youth's active contribution to the general welfare.

"Reserve-Officers' Training Corps (ROTC)" is a program institutionalized under Sections 38 and 39 of Republic Act No. 7077 designed to provide military training to tertiary level students in order to motivate, train, organize and mobilize them for national defense preparedness.

"Literacy Training Service" is a program designed to train students to become teachers of literacy and numeracy skills to school children, out of school youth, and other segments of society in need of their service.

"Civic Welfare Training Service" refers to programs or activities contributory to the general welfare and the betterment of life for the members of the community or the enhancement of its facilities, especially those devoted to improving health, education, environment, entrepreneurship, safety, recreation and morals of the citizenry.

"Program component" shall refer to the service components of the NSTP as enumerated on Section 4 of this Act.

SEC. 4. Establishment of the National Service Training Program. — There is hereby established a National Service Training Program (NSTP), which shall form part of the curricula of all baccalaureate degree courses and of at least two (2)-year technical-vocational courses and is a requisite for graduation, consisting of the following service components:

1. The Reserve Officers' Training Corps (ROTC), which is hereby made optional and voluntary upon the effectivity of this Act;
2. The Literacy Training Service; and
3. The Civil Welfare Training Service.

The ROTC under the NSTP shall instill patriotism, moral virtues, respect for rights of civilians, and adherence to the Constitution, among others. Citizenship training shall be given emphasis in all three program components. The Commission on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA), in consultation with the Department of National Defense (DND), Philippine Association of State Universities and Colleges (PASUC), Coordinating Council of Private Educational Associations of the Philippines (COCOPEA) and other concerned government agencies, may design and implement such other program components as may be necessary in consonance with the provisions of this Act.

SEC. 5. Coverage. — Students, male and female, of any baccalaureate degree course or at least two (2)-year technical-vocational courses in public and private educational institutions shall be required to complete one (1) of the NSTP components as requisite for graduation.

SEC. 6. Duration and Equivalent Course Unit. — Each of the aforementioned NSTP program components shall be undertaken for an academic period of two (2) semesters. In lieu of the two (2)-semester program for any of the components of the NSTP, a one (1) summer program may be designed, formulated and adopted by the DND, CHED and TESDA.

SEC. 7. NSTP Offering in Higher and Technical-Vocational Educational Institutions. — All higher and technical-vocational institutions, public and private, must offer at least one of the program components: Provided, That State universities and colleges shall offer the ROTC component and at least one other component as provided herein: Provided, further, That private higher and technical-vocational education institutions may also offer the ROTC if they have at least three hundred and fifty (350) cadet students. In offering the NSTP whether during the semestral or summer periods, clustering of affected students from different educational institutions may be done, taking into account logistics, branch of service and geographical considerations. Schools that do not meet the required number of students to maintain the optional ROTC and any of the NSTP components shall allow their students to cross-enroll to other schools irrespective of whether or not the NSTP components in said schools are being administered by the same or another branch of service of the Armed Forces of the Philippines (AFP), CHED and TESDA to which schools are identified.

SEC. 8. Fees and Incentives — Higher and technical-vocational institutions shall not collect any fee for any of the NSTP components except basic tuition fees, which shall not be more than fifty percent (50%) of what is currently charged by schools per unit. In the case of the ROTC, the DND shall formulate and adopt a program of assistance and/or incentive to those students who will take the said component. The school authorizes concerned, the CHED and TESDA shall ensure that group insurance for health and accident shall be provided for students enrolled in any of the NSTP components.

SEC. 9. Scholarships. — There is hereby created a Special Scholarship Program for qualified students taking the NSTP which shall be administered by the CHED and TESDA. Funds for this purpose shall be included in the annual regular appropriations of the CHED and TESDA.

SEC. 10. Management of the NSTP Components. — The school authorities shall exercise academic and administrative supervision over the design, formulation, and adoption and implementation of the different NSTP components in their respective schools: Provided, That in case a CHED- or TESDA-accredited non-government organization (NGO) has been contracted to formulate and administer a training module for any of the NSTP components, such academic and administrative supervision shall be exercised jointly with that accredited NGO: Provided, further, That such training module shall be accredited by the CHED and TESDA. The CHED and TESDA regional offices shall oversee and monitor the implementation of the NSTP under their jurisdiction to determine if the trainings are being conducted in consonance with the objectives of this Act. Periodic reports shall be submitted to the CHED, TESDA and DND in this regard.

SEC. 11. Creation of the National Service Reserve Corps. — There is hereby created a National Service Reserve Corps, to be composed of the graduates of the non-ROTC components. Members of this Corps may be tapped by the State for literacy and civic welfare activities through the joint effort of the DND, CHED and TESDA. Graduates of the ROTC shall form part of the Citizens' Armed Force, pursuant to Republic Act No. 7077.

SEC. 12. Implementing Rules. — The DND, CHED and TESDA shall have the joint responsibility for the adoption of the implementing rules of this Act within sixty (60) days from the approval of this Act. These three (3) agencies shall consult with other concerned government agencies, the PASUC and COCOPEA, NGOs and recognized student organizations in drafting the implementing rules. The implementing rules shall include the guidelines for the adoption of the appropriate curriculum for each of the NSTP components as well as for the accreditation of the same.

SEC. 13. Transitory Provisions. — Students who have yet to complete the Basic ROTC, except those falling under Section 14 of this Act, may either continue in the program component they are currently enrolled or shift to any of the other program components of their choice: Provided, That in case he shifts to another program component, the Basic ROTC courses he has completed shall be counted for the purpose of completing the NSTP requirement: Provided, further, That once he has shifted to another program component, he shall complete the NSTP in that component.

SEC. 14. Suspension of ROTC Requirement. — The completion of ROTC training as requisite for graduation is hereby set aside for those students who despite completing all their academic units as of the effectivity of this Act have not been allowed to graduate.

SEC. 15. Separability Clause. — If any section or provision of this Act shall be declared unconstitutional or invalid, the other sections or provisions not affected thereby shall remain in full force and effect.

SEC. 16. Amendatory Clause. — Section 35 of Commonwealth Act No. 1, Executive Order No. 207 of 1939, Sections 2 and 3 of Presidential Decree No. 1706, and Sections 38 and 39 of Republic Act No. 7077, as well as all laws, decrees, orders, rules and regulations and other issuances inconsistent with the provisions of this Act are hereby deemed amended and modified accordingly.

SEC. 17. Effectivity. — This Act shall take effect (15) days after its publication in two (2) newspapers of national circulation, but the implementation of this Act shall commence in the school year of 2002-2003.

Approved,

This Act which is a consolidation of H. B. No. 3593 and S.B. No. 1824 was finally passed by the House of Representatives and the Senate on December 19, 2001.

Approved: JAN 23 2002

(Sgd.) GLORIA MACAPAGAL-ARROYO
 President of the Philippines

Source: Supreme Court E-Library