PHILIPPINE JURISPRUDENCE US SUPREME COURT JURISPRUDENCE

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PRESIDENTIAL DECREES


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MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 182 May 6, 1973

REQUIRING OF TRAINEES TO UNDERGO TRAINING AND SERVICE FOR EIGHTEEN CONSECUTIVE MONTHS WITH AT LEAST SIX MONTHS OF MILITARY TRAINING

WHEREAS, martial law has been declared under Presidential Proclamation No. 1081 dated September 21, 1972 and is now in effect throughout the land;

WHEREAS, under Section fifty-three of the National Defense Act as amended by Republic Act Four Thousand Ninety- One, trainees are required to undergo training and service for eighteen consecutive months with at least six months of military training, after which they may be assigned for duty and service with elements of the Regular Force; and

WHEREAS, there is an urgent need for the extension of service of trainees beyond eighteen months to assist regular troops in the implementation of the cited Proclamation No. 1081 and Decrees, General Orders, and Letter of Instructions issued pursuant thereto;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested upon me by the Constitution as Commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972 and General Order No. 1 dated September 22, 1971, do hereby order and decree that after completion of the training and service tour of each trainee as prescribed under Section fifty-three of the National Defense Act, as amended by Republic Act No. 4091, such trainee may thereafter be drafted into selective emergency military service for a period not exceeding twelve months and any selected draftee who refuses to render such service shall be punished as a Military Tribunal created under General Order No. 8 may direct. In case of vacancies for enlistment in the Regular Force, the best qualified draftees shall be given priority in filling-up such vacancies; PROVIDED, that a draftee shall receive the base pay and allowances equivalent to that of a private in the regular force, and if employed for combat operations shall be entitled to all benefits received by any member of the regular force; PROVIDED, further, that for every year of training and service, to include the emergency military selective service herein provided for, draftee shall receive a separation gratuity of not less than one month salary upon the condition that a period of six months shall be considered a complete year for purposes of this gratuity; PROVIDED, finally, that a draftee or those who rendered service as contemplated above shall be given priority in appointments in the government service, commensurate to his training, experience, and educational qualifications, provisions of the Civil Service Law to the contrary notwithstanding.

All laws, rules and regulations inconsistent herewith are hereby amended or modified accordingly.

The Secretary of National Defense shall issue the necessary rules and regulations to implement this Decree.

This Decree shall take effect immediately.

Done in the City of Manila, this 6th day of May, in the year of Our Lord, nineteen hundred and seventy-three.