Revised Implementing Rules and Regulations of Republic Act No. 9163, Otherwise Known as the National Service Training Program Act of 2001

November 23, 2021

REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9163, OTHERWISE KNOWN AS THE NATIONAL SERVICE TRAINING PROGRAM ACT OF 2001

Pursuant to Section 12 of Republic Act No. (RA) 9163, otherwise known as the National Service Training Program (NSTP) Act of 2001, the Commission on Higher Education (CHED), Technical Education and Skills Development Authority (TESDA) and Department of National Defense (DND), through the Armed Forces of the Philippines (AFP) and Office of Civil Defense (OCD) in consultation with concerned government agencies and non-government organizations such as the Philippine Association of State Universities and Colleges (PASUC), Coordinating Council of Private Educational Associations of the Philippines (COCOPEA), and the Philippine Society of NSTP Educators and Implementers, Inc. (PSNEII), hereby jointly issue, adopt, and promulgate the following implementing rules and regulations to implement the provisions of the Act.

RULE I

Guiding Principles

SECTION 1. Responsibility of All Citizens. —

While it is the prime duty of the government to serve and protect the people, the Constitution also provides that it shall be the responsibility of all citizens to defend the security and promote the general welfare of the State. In fulfillment thereof, the government may require each citizen to render personal, military, or civil service.

SECTION 2. Role of the Youth. —

a. In recognition of the vital role of the youth in nation-building, the State shall promote civic consciousness and defense preparedness among them and shall develop their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate the ideals of patriotism, nationalism, volunteerism, and advance their meaningful involvement in public and civic affairs.

b. As the most valuable resource of the nation, the youth shall be motivated, trained, organized, and mobilized in civic, military, literacy, welfare programs, and other similar endeavors in the service of the people.

RULE II

Definition of Terms

SECTION 3. As used in this Implementing Rules and Regulations (IRR), the following terms shall mean:

a. Annual Administrative and Tactical Inspection (AATI) — refers to the tool designed by the Department of National Defense-Armed Forces of the Philippines (DND-AFP) and conducted by the AFP Major Services to annually evaluate the ROTC units' implementation of the Reserve Officers' Training Corps (ROTC) Program;

b. Civic Welfare Training Service (CWTS) — 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;

c. Clustering — refers to the grouping of students enrolled at different schools and taking up the same NSTP component into one (1) group under the management and supervision of a designated school by TESDA for TVIs and CHED for HEIs;

d. Cross-Enrollment — refers to a system of enrollment where a student is officially enrolled in an academic program of an origin school but is allowed to enroll in the NSTP component of another accepting school;

e. Higher Educational Institutions (HEIs) — refers to universities, colleges, and other educational institutions offering higher education;

f. Literacy Training Service (LTS) — refers to the program designed to train the students to become capable non-licensed instructors of functional literacy and numeracy skills to school children, out-of-school youths, and other segments of society in need of their service;

g. Local Universities and Colleges (LUCs) — refers to any public institution of higher learning established and managed by local government units;

h. Major Service Reserve Commands (MSRC) — refers to the units of the AFP Major Services mandated to develop their respective Reserve Forces and supervise the implementation of the ROTC Program as mandated under RA 7077, s-1991 (or the AFP Reservist Act of 1991);

i. Mobilization — refers to the official act of calling upon ROTC Reservists and NSRC Reservists and NSRC units to report to their respective designated mobilization centers to perform duty as volunteers;

j. National Service — refers to the civic consciousness and defense preparedness service rendered by all the citizens of the Philippines;

k. National Service Reserve Corps Trainee — refers to a student enrolled in the CWTS or LTS component;

l. National Service Reserve Corps (NSRC) — refers to an organization composed of graduates of Civic Welfare Training Service (CWTS) and Literacy Training Service (LTS) components of the National Service Training Program (NSTP) as mandated by Republic Act 9163 (NSTP Act of 2001);

m. National Service Training Program (NSTP) — refers to the 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 the three (3) program components which are specially designed to enhance the youth's active contribution to the general welfare of the country;

n. Non-Government Organization (NGO) — refers to any private organization duly accredited by CHED, TESDA, and DND to formulate and administer training modules for CWTS and LTS;

o. Private Higher Education Institutions (PHEIs) — refers to private colleges and other educational institutions offering higher education;

p. Program Components — refers to the ROTC, CWTS, LTS and other NSTP programs as the CHED and TESDA, in consultation with the DND, may hereinafter approve and implement;

q. Reserve Officers' Training Corps (ROTC) — refers to the program institutionalized under Sections 38 and 39 of RA 7077, otherwise known as the Citizen Armed Force or the Armed Forces of the Philippines Reservist Act of 1991, designed to provide military training to tertiary level students in order to motivate, train, organize, and mobilize them for national defense preparedness:

q.1. Basic Reserve Officers' Training Corps — refers to the one (1) year ROTC training based on the amendment by RA 9163, s-2002, of Sections 38 and 39 of RA 7077;

q.2. Advance Reserve Officers' Training Corps — refers to the two (2)-year training program after the basic ROTC training, subject to the provisions under Sections 38 and 39 of RA 7077.

r. ROTC Cadet — refers to a student enrolled in the ROTC Program component;

s. School-Based NSRC Units (SBNU) — refers to the established organization of students or graduates of the CWTS or LTS components of the NSTP who are still enrolled in the HEIs and TVIs;

t. School-Based Ready Reserve Units (SRRU) — refers to the established organization of students or graduates of the ROTC components of the NSTP who are still enrolled in the HEIs and TVIs;

u. State Universities and Colleges (SUCs) — refers to any public institution of higher learning established by the national government and are governed by their respective independent governing boards;

v. Technical Vocational Education and Training (TVET) — refers to the education process designed for post-secondary and lower tertiary levels, officially recognized as non-degree programs aimed at preparing technicians, paraprofessionals and other categories of middle-level workers by providing them with a broad range of general education, theoretical, scientific and technological studies, and related job skills training;

w. Technical Vocational Institutions (TVIs) — refer to an institution whether public or private offering TVET program/s. This shall include TESDA Technology Institutions, public and private technical vocational institutes, HEIs, SUCs, LUCs, training centers, and enterprises offering TVET programs;

x. Tripartite Agreement — refers to the agreement between CHED, TESDA, and DND relative to the NSTP; and

y. Trust Fund — refers to the collected NSTP fee which shall be exclusively used for the implementation of the NSTP Law and operation of the Program, including allocation for a reasonable contingency fund, as provided for in this IRR.

RULE III

Program Implementation

SECTION 4. Coverage. —

a. Incoming first year level students of any baccalaureate degree program or of at least two (2)-year TVET programs in public and private educational institutions and enterprises shall be required to complete one (1) of the NSTP components as a requisite for graduation, in accordance with RA 9163.

The above provision however does not cover the following:

a.1. Students who have completed their NSTP requirement who will finish or graduate from a baccalaureate degree or two (2)-year TVET program and pursuing or enrolled in another or additional baccalaureate degree or TVET;

a.2. Students who completed any of the three (3) NSTP components but have transferred or shifted to another academic course or educational institution;

a.3. Pursuant to Section 16 (2) of RA 10742, otherwise known as the "Sangguniang Kabataan Reform Act of 2015," and Joint Memorandum Circular No. 1, s. 2019, all Sangguniang Kabataan officials who comply with the prescribed requirements and in good standing, whether elected or appointed, shall, during their incumbency, be exempted from taking the NSTP-CWTS subjects. Further, as stipulated in Section 16 (2) of RA 10742, the concerned SK officials shall submit written reports, preferably with photographs, or documentations of their participation in the implementation of programs, projects, and activities as outlined in the Comprehensive Barangay Investment Program; and

a.4. Foreign students or aliens.

b. All HEIs, including SUCs, LUCs, and TVIs must offer at least one (1) NSTP component.

As stated in RA 9163, or the NSTP Act of 2001, SUCs are required to offer the ROTC component. Further, SUCs with constituent universities or campuses shall offer both the Basic and Advance ROTC Programs in all its constituent universities or campuses, subject to the provisions stipulated in Section 39 and Section 40 of RA 7077.

In cases that the enrollment of ROTC Cadets in private higher and technical vocational institutions is less than 350, the provisions of clustering in Section 7 hereof shall be followed.

In coordination with HEIs, the DND shall conduct additional training periods for volunteer prospective Advance ROTC cadets.

c. Students enrolled in the first semester of their first year shall undergo a common module phase for 25 hours training period. Subjects covered are citizenship training, drug education, disaster risk reduction and management (DRRM), environmental protection, and other national security concerns. Appropriate materials for the 25-hour common module such as informational videos shall be developed by the CHED, TESDA, DND and other concerned agencies. The common module may also be incorporated in the training curriculum of the different program components to ensure continuity and consistency in the implementation of the program components.

The CHED and TESDA, for non-ROTC NSTP program components, and the DND, for the ROTC program component, shall ensure that the common modules are properly incorporated in the program components they are mandated to supervise.

The CHED and TESDA shall issue guidelines for additional subjects to be covered for the enhancement of the non-ROTC NSTP curriculum.

The TVIs programs are encouraged to incorporate the 25-hour common module in their short duration courses to provide period allocation for citizenship training.

d. All PHEIs, LUCs, and TVIs offering the ROTC program component with at least 350 ROTC cadets, must establish or maintain a Department of Military Science and Tactics (DMST), subject to existing rules and regulations. The DMSTs that have been approved and activated prior to the approval of this IRR shall retain its status regardless of the number of cadets. However, for DMSTs that will be created after the approval of this IRR, a minimum requirement of 350 cadets shall be satisfied. In cases where the number of cadets will be lesser than 350, the provisions of clustering in Section 7 hereof shall be followed.

e. The Philippine Military Academy (PMA), Philippine Merchant Marine Academy (PMMA), Philippine National Police Academy (PNPA) and Maritime Academy for Asia and the Pacific (MAAP) are exempted from the NSTP, in view of the special character of these institutions. Other HEIs of similar nature will be exempted but will be subject to approval of the CHED, TESDA and DND and subject to the guidelines which may hereinafter be issued.

SECTION 5. Program Components. —

a. The NSTP shall have the following components from which the students can choose from, as defined in Rule II, Section 3 hereof: ROTC, LTS, and CWTS.

b. All program components shall give emphasis on citizenship training and shall instill patriotism, moral virtues, respect for the rights of civilians, and adherence to the Constitution.

c. The CHED and TESDA, in consultation with the DND, Philippine Association of State Universities and Colleges (PASUC), Coordinating Council of Private Educational Associations (COCOPEA), and other concerned government agencies may design and implement other non-military training components as deemed necessary, in consonance with the provisions of RA 9163.

d. A one (1)-day orientation regarding the three (3) NSTP components shall be offered to incoming first year college students prior to their enrollment for them to effectively comprehend each component. The orientation shall form part of the advocacy campaign to be led by CHED, TESDA, and DND in collaboration with the Department of Education (DepEd).

e. Appropriate strategies and materials for the one (1)-day orientation such as informational videos highlighting the three (3) NSTP components shall be developed by the CHED, TESDA and DND, in consultation with the DepEd.

SECTION 6. Duration and Equivalent Course Unit. —

a. Students for each of the NSTP components shall undergo the NSTP Program for an academic period of two (2) semesters and credited for three (3) units per semester. CHED and TESDA shall determine the equivalent course unit and training hours for HEIs and TVIs, respectively.

b. A One (1) Summer Program (OSP) in lieu of the two (2) semester program of ROTC, CWTS, and LTS shall be designed, formulated, and adopted by the DND, CHED, and TESDA, subject to the capabilities of the school and the AFP.

c. CHED and TESDA shall issue guidelines stating that the earned NSTP units shall not be included in the computation of the Grade Point Average (GPA) of graduating students.

SECTION 7. Clustering and Cross-Enrollment. —

a. Clustering of students from different education institutions during semestral or summer periods may be done for the ROTC component, taking into account the logistics, Branch of Service, and geographic locations. The host school shall be responsible in managing the Program.

b. NSTP students shall be allowed by the concerned HEI/TVI to cross-enroll in any CHED or TESDA recognized institution. For schools that do not meet the required number of students to maintain the optional ROTC or any of the NSTP components, students shall be allowed to cross-enroll to other schools, regardless of whether the NSTP components in the said schools are being administered by the same or another Branch of Service of the AFP, CHED, and TESDA.

c. Cross-enrolling students shall be subject to the existing rules and regulations of the school of origin and the accepting school.

SECTION 8. Management, Monitoring, and Evaluation. —

a. Management

a.1. The school authorities shall exercise academic and administrative supervision over the design, formulation, adoption, and implementation of the different NSTP components in their respective schools, subject to the provisions hereof.

a.2. There shall be an NSTP Office in each SUC, LUC, TVI, and PHEI headed by an NSTP Director or its equivalent position responsible for the implementation of the Program. Each of the NSTP components is considered a distinct and/or separate unit under the NSTP Office, and the head of the unit shall report directly to the NSTP Director or its equivalent position.

a.3. A functional chart of the NSTP Office shall be structured based on the capability of the institution to sustain the program component being offered based on the number of enrollees.

a.4. The DND-AFP, through the Major Service Reserve Commands (MSRC), shall formulate and administer the training modules for the ROTC Program.

a.5. In the case of ROTC, the school authorities and the DND, through the AFP, subject to the policies, regulations, and programs of the DND on the military component of the training, shall exercise joint supervision over its implementation.

a.6. The CHED, TESDA and DND shall establish NSTP Joint Committees at the national, regional, provincial and city levels. A Tripartite Agreement shall be executed by the CHED, TESDA and DND within sixty (60) days from the effectivity of this IRR to create and provide the general operational guidelines of the NSTP Joint Committees.

The NSTP Joint Committees shall coordinate and establish linkages and substantive engagements with DRRM Councils at the provincial, regional, and national levels on matters of training and mobilization.

a.7. Non-government organizations (NGOs) contracted by the school must secure a joint accreditation from CHED and DND or TESDA and DND to formulate and administer training modules for CWTS and LTS components.

a.8. The CHED, DND, and TESDA shall jointly exercise academic and administrative supervision over such accredited NGOs. Within forty-five (45) days from approval and issuance of this IRR, CHED, TESDA and DND shall issue the necessary guidelines for the accreditation of NGOs, as well as the training modules to be utilized by these NGOs.

The training modules to be utilized by these NGOs shall be in consonance to the approved and prescribed Program of Instruction. Further, the NGOs must be accredited by the Provincial NSTP Joint Committee and the Provincial DRRMO.

b. Monitoring and Evaluation

b.1. The created NSTP Joint Committee at the provincial, regional, and national levels shall be responsible for monitoring all the program components in all HEIs and TVIs.

b.2. The CHED Regional Offices, TESDA Regional Offices and the DND-AFP, through the MSRC, shall oversee and monitor the implementation of the NSTP under their respective jurisdictions, to determine if the trainings conducted are in consonance with the NSTP Act. These offices shall submit periodic reports to the NSTP Regional Joint Committee to be furnished to the NSTP National Joint Committee for consolidation.

b.3. The Regional NSTP Joint Committee, along with other concerned government agencies, shall conduct meetings at least thrice a year — scheduled every end of the first semester, end of the second semester, and before the enrollment for the next Academic Year.

b.4. An Annual NSTP Performance Evaluation (ANPE) shall be conducted towards the end of the school year to evaluate and determine the achievement of the training objectives of the three (3) NSTP program components. CHED, TESDA, and DND (through the MSRC) shall formulate the respective evaluation parameters on program administration and implementation which shall jointly form part of the minimum standards.

b.5. The Regional Annual Administrative and Tactical Inspection (AATI) shall be conducted by the Major Services of the AFP as the evaluation of performance parameters for the ROTC program.

b.6. The CHED Regional Offices and TESDA Regional Offices shall conduct an annual evaluation of the implementation of NSRC at HEIs and TVIs, respectively. Further, the guidelines for the NSRC annual evaluation shall be formulated by CHED and TESDA.

b.7. A joint evaluation assessing the implementation of the three (3) NSTP components at HEIs and TVIs shall be conducted by the CHED, TESDA, and DND. Guidelines and procedures on the conduct of the joint evaluation shall be formulated by CHED, TESDA, and DND.

b.8. At the end of every academic year, the HEIs and TVIs shall submit an Annual Report to the CHED and TESDA Regional Offices, respectively, copy furnished the CHED Office of Student Development and Services (CHED-OSDS) and the TESDA Planning Office-Labor Market Information Division in electronic template, indicating the following:

b.8.1. Names and Serial Numbers of those who finished under each NSTP component;

b.8.2. For the students who have undertaken Advance ROTC, the reserve unit and mobilization center assigned to them;

b.8.3. The programs, projects, and activities with photographs and other documentation as far as practicable; and

b.8.4. Financial statements on the funds collected and utilized. The annual report on NSTP by the SUC/TVI shall be made available to faculty, students, and the general public through the NSTP Office.

In regions with universities and colleges having two or more campuses, the university concerned shall consolidate all the reports before submitting to CHED Regional Offices.

b.9. The CHED, TESDA and DND shall exercise their inherent powers and issue additional guidelines, if needed, to discipline HEIs, enterprises, accredited NGOs and other persons found to be in violation or non-compliant with the provisions of RA 9163 and this IRR.

RULE IV

Fees and Incentives

SECTION 9. Fees. —

a. No fees shall be collected for any of the NSTP components except basic tuition, which should not be more than fifty percent (50%) of the charges of the school per academic unit.

The NSTP fees of students of SUCs, qualified LUCs, and TVIs shall be covered by RA 10931, otherwise known as the Universal Access to Free Quality Tertiary Education Act.

b. The collected NSTP fees shall constitute a Trust Fund, which shall be exclusively used for the implementation of the NSTP Law and operation of the Program, including allocation for a reasonable contingency fund, particularly in support to activities not originally included in the Program of Expenditures (POE) prepared by the ROTC Commandant, the CWTS/LTS Coordinator, and the NSTP Director and approved by the school head.

c. The funds derived from NSTP-related operations shall serve as augmentation to sustain unprogrammed activities of the NSTP.

d. The unspent fund balance shall be carried over to the next semester, provided that the NSTP funds shall not be converted into savings at the expense of the proper implementation of the program.

e. Subsidies from the government and/or from any legal agency or institution appropriated for NSTP shall be included in the preparation of the POE and report on the utilization of funds by the schools.

f. Expenditures/disbursement shall be subjected to periodic audits by the proper school authorities for private entities and in accordance with government accounting and auditing rules for public entities and concerned NSTP Offices.

g. The NSTP Component (ROTC/CWTS/LTS) coordinators shall submit a comprehensive report on the utilization of the NSTP Funds to their respective NSTP Directors two (2) weeks after the end of every semester. The ROTC Commandants shall submit the same report to their respective MSRCs.

h. The NSTP Director or its equivalent shall submit a consolidated comprehensive report on the utilization of the NSTP Funds by program component to the school head, within 30 calendar days after the end of every semester.

i. Rental space of school and other similar expenses shall be shouldered by the SUCs/TVIs.

SECTION 10. Incentive, Insurance, and Protection. —

a. Incentives

a.1. A program of assistance/incentives for ROTC students shall be provided and administered by the DND in accordance with existing laws and regulations and with the funds for the said purpose to be included in its annual regular appropriations, subject to the availability of funds.

a.2. A Special Scholarship Program and incentives for qualified NSTP students shall be administered by the CHED and TESDA, with the funds for the said purpose to be included in the annual regular appropriations of the two agencies, subject to the availability of funds. A scholarship program specifically for the ROTC cadets shall be provided by the CHED and AFP.

a.3. The SUCs may provide scholarship and other forms of assistance and incentives to qualified and deserving NSTP students, the funding of which shall come from available NSTP funds of the school.

a.4. Personnel involved in the NSTP shall be provided an honorarium and other incentives based on the standard policy set forth by the HEIs and TVIs implementers.

b. Insurance and Protection

b.1. School authorities concerned, CHED, and TESDA shall ensure that health and accident group insurances are provided to the students enrolled in any of the NSTP components.

b.2. Schools that already provide health and accident group insurances and collect the necessary fees from their students for the purpose, as per the effectivity of these rules, are deemed to have complied with this requirement.

RULE V

Organization of NSTP Graduates

SECTION 11. Organization of NSTP Graduates. —

a. Graduates of the non-ROTC components of the NSTP shall belong to the National Service Reserve Corps (NSRC) and may be mobilized by the State for literacy and civic welfare activities, especially in DRRM, through the joint efforts of DND, CHED, and TESDA, in coordination with the network and members of or through the Disaster Risk Reduction and Management Councils at the National, Regional and Local Levels, as well as other concerned agencies, organizations, and non-government agencies.

b. Within 30 days from the approval of this IRR, the CHED, TESDA, and DND, in consultation with other concerned government and non-government agencies, shall issue the necessary guidelines for the establishment, organization, maintenance, and utilization of the NSRC.

c. Graduates of the ROTC program shall form part of the Citizen Armed Force pursuant to RA 7077, subject to the requirements and policies of the DND.

d. ROTC graduates shall be organized into School-Based Ready Reserve Units (SRRU) to sustain training and respond to contingencies with their campuses as their mobilization centers with the proper and necessary coordination with HEIs or TVIs, in accordance with the rules, regulations or appropriate orders from the DND and AFP.

RULE VI

Miscellaneous Provisions

SECTION 12. Certificate of Completion. —

Certificates of Completion with corresponding Serial Numbers issued by CHED, TESDA or DND, shall be awarded by the SUCs, TVIs, LUCs, and PHEIs to students who have successfully complied with the program requirements. Such Serial Numbers shall be indicated in the official Transcript of Records of each NSTP graduate.

SECTION 13. Information Dissemination. —

The CHED, TESDA, and DND, with the assistance of the DILG, NYC, PIA, OCD and ULAP, PASUC, COCOPEA, PSNEI, DepEd and other NGOs, shall provide information on the NSTP Act of 2001 and its Revised IRR to all concerned publics through different modes of information dissemination.

SECTION 14. Amendatory Clause. —

a. Section 35 of Commonwealth Act No. 1, s-1953; Executive Order No. 207, s-1939; Sections 2 and 3 of Presidential Decree No. 1706, s-1980; and Sections 38 and 39 of RA 7077, s-1991; as well as all laws, decrees, orders, rules and regulations, and other issuances by CHED, TESDA, and/or the DND which are inconsistent with the provisions of RA 9163 and this IRR shall be deemed amended or repealed and modified accordingly.

b. These Rules may be amended, modified, or replaced jointly by CHED, TESDA, and DND, in consultation with PASUC, COCOPEA, NGOs, and recognized student organizations.

SECTION 15. Separability Clause. —

If any provisions hereof shall be declared unconstitutional or invalid, the other sections or provisions not affected, thereby shall remain in full force and effect.

SECTION 16. Effectivity. —

These Rules shall take effect fifteen (15) days after publication in a newspaper of general circulation or publication in the online official gazette and shall remain in force and effect until revoked or amended.

Adopted and Issued: In witness whereof, the Parties herein hereby affix their signatures this 23rd day of November, 2021.

(SGD.) SECRETARY DELFIN N. LORENZANASecretary, Department of National Defense and Chairperson,

(SGD.) SECRETARY J. PROSPERO E. DE VERA IIIChairman, Commission on Higher Education

(SGD.) SECRETARY ISIDRO S. LAPEÑADirector General, Technical Education and Skills Development Authority

 

Published in the Official Gazette, Vol. 118, No. 9, p. 2036 on February 28, 2022.