Final Requirement in

Legal Logic

David, Jan Uriel

Fogata, Javed
Sison, Aldous Francis

II. Compulsory military service for 21 year old male citizens

Introduction
Men have been debating on the issue whether or not conscription is a key to suppress threats to a
nations security. Conscription is the compulsory enlistment of people in a national service, most
often a military service.
Currently, no mandatory conscription is in effect in the country. The closest military service that
the Philippines has is the RA 9163 or the National Service Training Program Act of 2001. The
law requires a student to choose between Reserve Officers' Training Corps (ROTC), Literacy
Training Service, or Civic Welfare Training Service. ROTC was designed to provide military
training to tertiary level students in order to motivate, train, organize and mobilize them for
national defense preparedness.
This law repealed Sec. 38 and 39 of RA 7077 or Citizen Armed Forces of the Philippines
Reservist Act which mandated students enrolled in colleges, universities and similar institutions
of learning to train. Mandatory ROTC was abolished when a student named Mark Chua from the
University of Sto. Tomas and member of the UST ROTC unit was found dead. Prior to his death,
he and another student had reported an account of alleged corruption within the UST ROTC unit
to the school's student publication. The National Bureau of Investigation would later conclude
that members of the UST ROTC unit were responsible for Chua's death. Despite of this
controversy connecting to conscription, military service may still be may still be mandated under
conditions provided by law as stated in Sec 4, Art. II of the 1987 Constitution:
Sec 4.The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof,
all citizens may be required, under conditions provided by law, to render personal,
military or civil service.
The proposed law
Unlike ROTC which is integrated in collegiate education, the proposed law is to mandate
Filipino youth to train in the military for a certain period to be set by the legislature. That certain
period will only be for military training and not instilled in collegiate education.
According to www.globalfirepower.com, the following is the list of top performing countries in
military power based on manpower;
1. Peoples Republic of China
2. United States of America
3. India
4. Russia
5. North Korea
6. South Korea
7. Pakistan
8. Iran
9. Algeria
10. Indonesia

While the Philippines is on the 25th spot. Six among the top 10 have conscription in force
namely; Russia, North Korea, South Korea, Iran, Algeria, and Indonesia. But the top three in the
list does not require military services to its citizens. However this may be connected to their
population. China, India, and USA are also the most populous countries ranking 1 st, 2nd, and 3rd
respectively. While the Philippines is on the 12th spot.
In a resolution released by the Association of Generals and Flag Officers (AGFO), they called for
the revival of ROTC. They said that the current NSTP is insufficient "(More than) 10 years after
the abolition of the ROTC as mandatory program, there is now a growing sentiment that the
national defense preparedness of our nation has not been served well since the alternative
programs in the National Service Training Program are deemed insufficient to inculcate the
values of discipline and patriotism required of every citizen and do not address the military
training ideally required of every citizen."
It is now weigh whether or not we need to enforce conscription in the country. With the
information above, it can be seen that the need of conscription weighs greater that the contrary.
Threats to the National Security
The Philippines security has been challenged by both internal and external forces are trying to
infiltrate or break the national security. In a special report of the Australian Strategic Policy
Institute, outlines the range of internal and external challenges facing the Philippines and some
of the implications for prospective partner countries and the region.
Internal Threats
MILF, MNLF, BIFF- The Moro Islamic Liberation Front (MILF) broke away from the secular
Moro National Liberation Front (MNLF) in 1978, and formally incorporated in 1984. It is
committed to the establishment of an independent Islamic homeland for the Moro peoples. The
Philippine Government always treated the MILF as a small fringe. But when the MILF rejected
the governments 1996 autonomy accord with the MNLF, the ranks of the MILF swelled. From
1996 to 2001, the MILF controlled significant territory in the Maguindanao and Maranao regions
of Mindanao Island.
Abu Sayyaf- the Abu Sayyaf Group (ASG), which is based in the Sulu Archipelago and on
Basilan Island, has sometimes been a movement with ideological pretensions and sometimes
nothing more than a criminal enterprise. They are contained to the mountainous and densely
covered Jolo Island, with a presence on Basilan and Tawi-Tawi, though they have conducted
kidnappings in Zamboanga, including most recently an Australian citizen Warren Rodwell in
December 2011. They sometimes engage in piracy, but have never attacked large sea-going
vessels. Although the US Special Forces contingent remains in the southern Philippines, they are
there in a training and intelligence-sharing capacity, not in a combat role. Despite the annual
US$50 million budget, there seems to be marginal utility in the US program. The AFP tends to
break up the units that the US has trained and continually fails to adequately fund their troops,
relying on US support instead.
Private Armies- local political elites rely on private armies to stay in power. Often they are
armed and supported by the government or military. The Ampatuans are a major Muslim clan
who are long-time power brokers in Maguindanao and deadly enemies with the MILF. Members

of the family serve as mayors, provincial governors and governors of the Autonomous Region in
Muslim Mindanao. The AFP and President Arroyo have relied on the Ampatuans and seen them
as key allies. Before the massacre in 2009, the Ampatuans delivered votes for President Arroyo
and were rewarded handsomely. The size of their private army grew to nearly 2,400.
Communist Party of the Philippines/New Peoples Army- The CPP/NPA is committed to
establishing a progressive communist state based on the Marxist-Leninist-Maoist foundation, in
particular the elimination of capitalism and the Philippines alliance with neo-colonial states. The
AFP currently estimates the NPAs strength to be roughly 4,100 armed cadres, down sharply
from 4,700 at the end of 2009. At its peak in the 1980s, the NPA had over 20,000 armed
combatants.
External Threats
China- the Philippines has become more preoccupied by external threats to its maritime interests
in the South China Sea, which is claimed by the Peoples Republic of China. Several countries
have made competing territorial claims over the South China Sea. Such disputes have been
regarded as Asia's most potentially dangerous point of conflict. Both People's Republic of
China (PRC) and the Republic of China (ROC, commonly known as Taiwan) claim almost the
entire body as their own, demarcating their claims within what is known as the nine-dotted line,
which claims overlap with virtually every other country in the region. Competing claims include:

Indonesia, China, and Taiwan over waters NE of the Natuna Islands

The Philippines, China, and Taiwan over Scarborough Shoal.
Vietnam, China, and Taiwan over waters west of the Spratly Islands. Some or all of the
islands themselves are also disputed between Vietnam, China, Taiwan, Brunei, Malaysia, and
the Philippines.
The Paracel Islands are disputed between the PRC/ROC and Vietnam.
Malaysia, Cambodia, Thailand and Vietnam over areas in the Gulf of Thailand.
Singapore and Malaysia along the Strait of Johore and the Strait of Singapore.

China and Vietnam have both been vigorous in prosecuting their claims. China (various
governments) and South Vietnam each controlled part of the Paracel Islands before 1974. A brief
conflict in 1974 resulted in 18 soldiers being killed, and China has controlled the whole of
Paracel since then. The Spratly Islands have been the site of a naval clash, in which over seventy
Vietnamese sailors were killed just south of Chigua Reef in March 1988. Disputing claimants
regularly report clashes between naval vessels.

ISIS- Islamic State of Iraq and Syria is an Islamic extremist rebel group controlling
territory in Iraq and Syria, with operations in Lebanon, Libya, the Sinai Peninsula of Egypt, and
other areas of the Middle East, North Africa, West Africa, South Asia, and Southeast Asia. In 23

July 2014, Abu Sayyaf leader Isnilon Hapilon swore loyalty to al-Baghdadi Caliph of ISIS in a
video, along with the rest of the organization, giving ISIL a presence in the Philippines.
Benefits based on ex post perspective and ex ante point of view
With the developing and developed threats against the national security of the Philippines, it is
now clear that the country really needs a well thought-out armed forces to defend the nation into
rising chaotic events made by present and future groups.
Ex post prospective
Lesser reliance from the US
With this prospective, the nation will have the power to defend itself with reserved forces from
the mandatory military training. Currently, we are in partnership with other countries, especially
the US to justify the countries insufficient forces. The Enhanced Defense Cooperation
Agreement was signed by the US and the Republic to allow US forces to train in the Philippine
territory. In return, the Philippines will be indirectly under the umbrella of the US if a serious
conflict with China arises. The agreement bore conflicts and problems, among those are; the
constitutionality of EDCA, sexual abuses by American soldiers, etc.
If the conscription would push through, there will be lesser chances of having agreements with
other countries. The Philippines will be independent from the US and wont be accused of being
a puppet.
Stronger security against current internal and external forces
If the proposed law will push through, the country will be able to prevent terrorism and external
attacks. This could make the rebels, the terrorists, and modern day conquerors think twice before
bullying the Philippines or before starting attacks. It would eliminate current rebels and terrorist
from the country by force and intimidation.
Ex ante point of view
Stronger security against future threats
Threats from rebel groups die and born again with a different group and ideologies. Eliminating
one does not certify that another will not rise. History repeat itself and it is repeating. The
country needs to be ready to defend new forces inside and outside the country. The Philippines
needs to be ready when another country declares war against its motherland. With the reserved
forces ready to defend, there will be no problem in recruiting new blood for wars and threats.
The country can easily defend without asking for alliance for forces.
Assistance to other countries
During the Vietnam war, the Philippines handed the US some of its forces. If the proposed law
would be signed, the Philippines could do it again. The Philippines can give forces to an
international offensive strategies against future rebel groups.
Benefits to the trainee
A trainee would develop skills that are not taught in the four walls of the classroom. First is
leadership, soldiers develop a sense of leadership by heading their groups. Soldiers once trained

bring their sense of leadership outside camp. Some soldiers tend to be good company leaders and
public servants. Some of the Philippine presidents who train in the military are Ferdinand
Marcos, Emilio Aguinaldo, and Manuel L. Quezon.
Disadvantages
Constitutionality- Once this law is passed, negative reactions from various sectors would arise.
Akbayan in its official statement stressed that ROTC would only violate basic human rights. This
law may violate the equal protection clause because only male citizens are required to train.
freedom of association and religion because some see that enlistment in the military or going in
wars as violation of their personal and religious belief.
Extralegal killings- As we go back to the history of ROTC, it was abolished because of the
death of Chua, which is a violation of human rights. There are a lot of controversies arising from
the military. Both civilian and armed men alike are killed because of conflicts.
Budget- the opportunity cost of the implementation of the law may be used for other
expenditures like education and infrastructures. The source of the budget is another problem
because this training will cost the national budget a big chunk.