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POSITION PAPBR ON THE PROPOSED MEASURES RE-

INSTITUTING THE MANDATORY ROTC
(Senate BiU Nos. 189, 2oo, 1181, lrgzz.) and a4ry)

The Commission on Human Rights ('Commission'for brevity), pursuant to

its mandate to recommend to Congress effective measures to promote human
rights and to monitor the government's compliance with international human
rights treaties, submits this position paper on Senate Bill nos. r89, zoo, 11g1, 1922,
and t4t7 or the proposed measures re-instituting the mandatory Reserve Officers'
Training Course (ROTC).
Article II of the Constitution provides that the government may call upon
the citizens to defend the State under conditions provided by law.1 The same article
Iikewise provides that the State recognizes the vital role of the youth2 in nation-
building and promote its physical, moral, spiritual, intellectual, and social well-
being. Further, the State shall encourage the involvement of our youth in public
and civic affairs. This translates to activities and programs where the youth can
directly participate and hone their knowledge and skills in civic affairs such as
representation in Congress and government.
Moreover, the Constitution gives educational institutions the responsibility
to instill patriotism, nationalism, foster love of humanity and respect for human
rights.s While reinstituting mandatory ROTC plays a role in fulfilling these State
policies, the law may provide for different measures in accordance with the core
principles of the Convention on the Rights of the Child such as best interest of the
child and the right to lifb, survival, and development.
The Reserve Officers' Training Course (ROTC) and National Service
Training Program (NSTP) was institutionalizedbyvirtue of RepublicAct (R.A.) no.
zzo7 or the Philippine Reservist Act of tggr and amended by R.A. no. 9163 .r't&+.

following the murder of Mark Welson Chua,+ who exposed the comrpt practices of'
the University of Santo Tomas ROTC Program. Various groups have cLimed that
the program does not necessarily instill nationalism and discipline rather it
t
exposes the students to a culture of violence and fear. Over the y"uri, several cases

1
Pnt. Corusr. article ll 5 4
2
PHrr-.Corusr. article ll 5 13
3
Pr-rr-. Corusr. article XIV 5 3
a
Bebot Sison, Jr and Cecille Felipe, UST Student gets Death, PnrL. Srnn, April 1, 2004, available at
https:/lwww.philstar.com /metrol2oo4/04/o11244779/ust-student-gets-death (last accessed March 15, 2019)

CIIRI Dignity of rnll Page 1 of 3

Conrmonurealfh.Avenile, U.P. Cbrnplex, Oilirnan ltor Qttezan City lrltt"lilt;rilies

7eI. Nas. ('o2) zg4 Bfoq ,('ct2) ttes Sgg6
of corruption and hazing brought by the ROTC program were reporteds which
consequently exposed young students to such practices.
In zoo8, the United Nations Committee on the Rights of the Child (CRC
Committee) reminded the Philippines6 that military training for high school
students or children for that matter, promotes militarism and is contrary to peace
building and the spirit of the Optional Protocol of the Convention on the fughts of
the Child on the Involvement of Children in Armed Conflict (OPAC).2 11 11r.
Philippines' repoft to the CRC Committee,s it noted the institution of safeguards
against the automatic admission or recruitment of minors in the Citizens' Arrned
Forces, unless they have reached the age of r8 as provided by the Philippine
Reservist Act. In addition, the country noted that it adopted guidelines on
recruitment, conscription, and safeguards to protect minors from the effects and
implications of military service training. However, this does not address the
loopholes and gaps in the implementation of the ROTC program given that
corruption and abuse still exists.
Republic Act 7610 or an Act Providing for Stronger Deterrence and Special
Protection Against Child Abuse, Exploitation and Discrimination, Providing
Penalties for its Violation and fbr Other Purposes, and the recently enacted
Republic Act 11188 or an Act Providing for the Special Protection of Children in
Situations of Almed Conflict and Providing Penalties for Violations Thereof
provide that children are zones ofpeace and considered "demilitarized zone". This
is further defined in the latter law as exten ding beyond territorial or geographical
boundaries and shall focus on the person of the child u.those rights shall be
promoted and protected and this can be done by exemplifuing nonuiolent
behauior in the presence of children.s Inthe case of ROTC, the use of weapons and
other military instruments, may legitimize violence as the primary means of
resolving conflicts.
While the Commission recognizes the intentions of the proposed measures
to fulfill the constitutional provisions stated above, there are other means that can
accomplish these ends without exposing our youth, much more our children, to
military training. It is in this light that we erpress our reservations on the proposed
measures and submit these recommendations to the Senate Committee on
Education, Arts, and Culture and the Committee on Youth:
1. Strengthen R.A. no. 7707, as amended by R.A. 9163, to develop and
implement a uniform and comprehensive framework and training module
in implementing citizen service in tertiary education. This framework shall
not only focus on military training but must inculcate in students patriotism
and respect for the constitution, human rights, and rule of law.

s
ROTC a hotbed for abuses, says group, ABS-CBN News, August 3, 2016, available at https://news.abs-
cbn.com/news/08/03/16/rotc-a-hotbed-for-abuses-says-group (last accessed March 15, 2019).
6
Relief Web, Committee on Rights of Child considers report of Philippines under Optional Protocol on child ren in
armed conflict, available https://reliefweb.int/report/philippines/committee-rights-child-considers-report-
philippines-under-optional-protocol (last accessed March 18, 20L9).
7
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict,
ddopted Augusl26, 2003, 2173 U.N.T.5.
I Committee on the Rights ofthe Child, Consideration of Reports Submitted by States Parties Under Article 8
(1) of the Optiona I Protocol to the Convention on the Rights of the Child on the lnvolvement of Children ln Armed
Conflict, at ll, CRC/C/OPAC/PHL/1 (November 7, 2007).
e
Republic Act No. 11188, S 6

Page 2 of 3
 z. Ensure that necessary safeguards and policies are adopted and put in place
to protect the youth from corporal punishments and torture, degrading and
inhumane acts. Strictly enforce RA. no. 11oS3 or the Anti-Hazing Act on
prohibition of hazing in citizens' military training or citizens' armytraining.

3. Address cases of corruption through proper management and direct

supervision of ROTC units and NSTP components by the administrative
bodies of schools and educational institutions, the Commission on Higher
Education, Technical Education and Skills Development Authority, and
Department of National Defense. Create or strengthen accountabillty
mechanisms, and provide for a mechanism to consider and act on
anon)rmous complaints to protect complainants, who may be cadets, from
reprisal.
In conclusion, the Commission does not support reinstituting the mandatory
ROTC especially on minors. We adhere that proposed legislations shall prioritize
and take into consideration the best interest of the child and believe that
reinstituting mandatory ROTC in the senior high school level is contrary to the
constitutional provision on the right of children to special protection against
conditions prejudicial to their development and existing laws that protect our
children. Further, the proposed measure conflicts with the spirit and essence of the
Convention on the Rights of the Child, its optional protocol and other relevant
international human rights treaties and obligations of the State.

ISSUBD this z4tn day of June 2019, Quezon City, Philippines.

JOSE LUIS GASCON

(On Afficial Travel)

KAREN S. GOMEZ DUMPIT G
Commissioner oner

(On Official Business)

LEAH C. .ARMAMENTO ROBERTO EUGENIO T. CADIZ
Commissioner Commissioner

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