Author Topic: JR 28: Funding the AFP modernization law of 1995  (Read 4305 times)

adroth

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JR 28: Funding the AFP modernization law of 1995
« on: October 16, 2016, 04:47:59 AM »
The text below was taken from: http://www.pdgs.org/Archivo/afp-act.htm

Unfortunately, this JR was rescinded in the wake of Asian Financial Crisis of 1997. Times like this I wish I downloaded a copy of the JR that reversed this when I had a chance.

But for posterity . . . here's the JR that, for the better part of decade, was the basis for the funds that the AFP was requesting from congress.

Title: The AFP Modernization Program - The AFP Modernization Act

THE AFP MODERNIZATION ACT

Republic of the Philippines
Congress of the Philippines
Metro Manila

Tenth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday the twenty-second day of July, nineteen hundred and ninety-six.

[Joint Resolution No. 28]
Joint Resolution expressing the approval by both Houses of Congress of the AFP Modernization Program, pursuant to Republic Act No. 7898, otherwise known as "The AFP Modernization Act"

WHEREAS, Republic Act No. 7898 entitled "An Act providing for the Modernization of the Armed Forces of the Philippines and for other purposes" was enacted into law on February 23, 1995;

WHEREAS, Republic Act No. 7898 provided for the declaration of policy of the State to modernized the Armed Forces of the Philippines to a level where it can effectively and fully perform its constitutional mandate to uphold the sovereignty and preserve the patrimony of the Republic of the Philippines;

WHEREAS, pursuant to Section 7 thereof, the AFP Modernization Program submitted by the President requires the consideration of and approval in a Joint Resolution by Congress, to wit:

"Sec. 7. Submission of the AFP Modernization Program - (a) Within ninety (90) days from the effectivity of this Act, the President, upon the recommendation of the Secretaries of National Defense and Budget and Management, shall submit tile AFP Modernization Program as provided for in this Act to Congress for its consideration and approval in a joint resolution of the House of Representatives and the Senate. xxx"

WHEREAS, the AFP Modernization Program has been submitted by the President of Congress for its consideration and approval;

WHEREAS, aside from upholding the sovereignty and defending the territorial integrity of the country at all times, the AFP shall also protect its exclusive economic zone (EEZ) from illegal intrusion and exploitation of its resources; secure border areas from smuggling, piracy, drug trafficking, poaching, and other illegal activities; help protect the country's natural resources and environment; assist in search and rescue operations during disasters and calamities and shall implement its modernization program giving equal importance to the above stated functions;

WHEREAS, Paragraph 3, Section 8 of Republic Act No. 7898 provides: "xxx The proposed program shall be based oil a ceiling. for the first five (5) years, of Fifty billion pesos (P50.000.000.000): Provided. That, thereafter, this amount may be increased commensurate to the increase ill the Gross National Product (GNP)";

WHEREAS, Congress has determined that beneficial economic activities can be generated front the program and accordingly, the Secretary of National Defense shall include in the implementing guidelines the measures to be taken to ensure that the projects of the various services of the AFP shall contribute to economic development;

WHEREAS, Congress has considered the size and shape of the AFP in terms of personnel, equipment. and facilities during the various phases of the modernization program, the modernization projects under its, including the major weapon and non-weapon equipment and technology acquisitions sought by the respective services and units of the AFP, any major infrastructure construction or improvement; and the particular objective and component to which such intended acquisition, construction or improvement belongs; the priorities, schedules as well as estimated average cost of each modernization project or upgrading to be undertaken.

WHEREAS, this Joint Resolution shall be the basis for subsequent executive and legislative actions to implement the AFP Modernization Program from year to year until its complete and full realization: Now, therefore, be it

Resolved, as it is hereby resolved, by the Senate and House of Representatives, voting separately, to adapt this Joint Resolution.

SECTION 1.- The revised AFP Modernization Program consisting of Sub-programs I and II as herewith attached is hereby approved for implementation, pursuant to Republic Act No. 7898: Provided. That appropriation to cover the cost of Sub-program I amounting to One hundred sixty-four billion, five hundred fifty-three million pesos (P164.553.000,000) is hereby authorized.

SECTION 2.- The Secretary of National Defense. subject to the approval of the President and tinder such terms and conditions most favorable to the government, may enter into multi-year contracts, lease and lease purchase agreements to implement the programs and projects as herein approved, in consonance with Section 9(a) of Republic Act No. 7898: Provided. That upon perfection. such multi-year contracts and agreements/arrangements shall be submitted to Congress pursuant to its inherent oversight powers, thought the chairpersons of the Senate Committee on National Defense and Security and Finance and House Committees on National Defense and Appropriations: Provided, further. That in the case of the AFP Modernization projects for implementation during the first five (5) years of the modernization program, the Secretary of National Defense, while lie may enter into multi-year contracts, lease and lease purchase agreements stipulating such duration and such payment scheme which may exceed five (5) years as he deems necessary, shall ensure that the total payments to be made under the said contracts and agreement shall not exceed Fifty billion pesos (P50.000.000.000) for the first five (5) years of the modernization program, as required by tile last paragraph of Section 8 of the aforecited law: Provided, further. That Congress shall, upon certification by the President, make the corresponding appropriations in such amounts as are necessary to cover all the payments stipulated tinder tile said contracts and agreements, in accordance with Section 9(b) of the same law: Provided, futhermore. That, with respect to the ceiling of Fifty billion pesos (P50.000.000,000) for tile first five-year period, priority shall be given to the development and operationalization of a credible air and naval defense capability and give emphasis to covering the country's marine resources.

SECTION 3.- A study shall be conducted by the Department of National Defense on how to maximize the utilization of tile AFP Modernization Trust Fund and how additional revenues call be generated to fund the Program other than through appropriations by Congress. The implementing guidelines shall incorporate the findings of the study and the mechanics for disbursement of the Fund. Said trust fund shall be used exclusively for the approved AFP Modernization Program and shall not include salaries and allowances.

SECTION 4.- Upon the adoption of this Joint Resolution. the AFP Modernization Program shall be implemented over period of fifteen (15) years: Provided. That payments for amortization of multi-year contract of obligations may extend beyond this period. The Secretary of National Defense shall submit to Congress each year at or about tile time that the President's budget is submitted to Congress a future years defense program reflecting the AFP's action to keep abreast with changing security concerns and advances in technology the estimated expenditures and proposed appropriations consistent with the national security policy.

Any such future years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four (4) succeeding fiscal years.

SECTION 5.- Effectivity. This Joint Resolution shall take effect fifteen (15) days after the date of its publication in any newspaper of general circulation.

Adopted.


(Signed)
Jose de Venecia, Jr.
Speaker of the House of Representatives

(Signed)
Ernesto M Maceda
President of the Senate

This Joint Resolution which is a consolidation of Senate Joint Resolution No. 7 and House Joint Resolution No. 7 was finally passed by the Senate and House of Representatives on December 13, 1996, and December 17, 1996, respectively.

(Signed)
Roberto P. Nazareno
Secretaty General House of Representatives

(Signed)
Lorenzo E. Leynes, Jr.
Secretary of the Senate

Aproved: 19 Dec. 1996

(Signed)
Fidel V. Ramos
President of the Philippines

LAT@TMW

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Re: JR 28: Funding the AFP modernization law of 1995
« Reply #1 on: April 23, 2017, 06:35:42 PM »



^Sir A, would this be a fit for this particular topic?

adroth

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Re: JR 28: Funding the AFP modernization law of 1995
« Reply #2 on: April 24, 2017, 12:30:18 AM »
^Sir A, would this be a fit for this particular topic?

Not really.

EO18 is actually a very limited order that only defines what the DND can do for acquisitions that are under P50M. AFP Modernization projects won't be affected by it

http://defenseph.net/drp/index.php?topic=1486.0