AFP Vision 2028: A Wor1d-cJass Armed Forces, Source of National Pride

GENERAL HEADQUARTERS
ARMED FORCES OF THE PHILIPPINES
Camp General Emilio Aguinaldo, Quezon City

SUBJECT: Promulgation
2 2 JAN 2015

TO: All Concerned

1. The Armed Forces of the Philippines, Provost Marshal Manual

(AFPM 1-03) was formulated and developed by the Office of the Provost
Marshal General, AFP (OTPMG, AFP) in coordination with the AFP Doctrine
Development Center (AFPDDC). It provides a comprehensive discussion on
its core functions as well as its procedures in maintaining order and discipline
among AFP military and civilian personnel.

2. This manual is hereby promulgated for the information and

guidance of aU concerned effective this date.

GREGORIO PI
Cv APANGJR
General AFP

AFP Core Values: Honor. Service, Patriotism

 AFP Vision 2028: A World-class Armed Forces, SOurce of National Pride

GENERAL HEADQUARTERS
ARMED FORCES OF THE PHILIPPINES
DOCTRINES BOARD
Camp General Emilio Aguinaldo, Quezon City

FOREWORD

Discipline is the ccrnerstone and the foundation of an effective and

united organization. The Office of The Provost Marshal General. AFP
(OTPMG . AFP) is mandated to carry out its functions of instilting milrtary
discipline among all AFP personnel and adherence to all the laws of the land
and to the AFP Code of Conduct.

With this. the AFP Provost Marshal Manual (AFPM 1-03) defines an
invigorated a nd pro-active OTPMG , AFP , whose function is to instill discipline
and professionalism among military and civilian personnel of the AFP through
the proper implementation of the national laws and AFP rules and regulations
that ccmprise the Military Justice System.

This manual was formulated in line with the overall objectives of the
Philippine Defense Reform Program of the AFP to address particular
organizational problems and to improve the enforcement and administration of
milnary discipline.

Likewise. this serves as a key reference for all OTPMG . AFP personnel
in the management and implementation of rules and regulations inside the
camp premises.

Reccmmendations for the improvement of this manual are highly

enccuraged and should be refiected in the Recommendation for Changes to
be submitted to the Chief. AFP Doctrine Development Center.

EDWIN~E
Major General AFP
Chairman

AFP Core Values : Honor, Service, Patriotism ii

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GENERAL HEADQUARTERS
ARMED FORCES OF THE PHILIPPINES
OFFICE OF THE PROVOST MARSHAL GENERAL
Camp General Enilio Aguinaldo , Quezon City

PREFACE

Purpose

The AFP Provost Marshal Manual (AFPM 1-03) establishes guide and
policies in the general management of the Office of The Provost Marshal
General, AFP (OTPMG , AFP) within the legal framework and policy guidelines
set forth herein . This manual provides the AFP military and civilian personnel
with a comprehensive guide on the policies and procedures in the enforcement
of national and military laws and the efficient administration of the Military
Justice System.

Scope

The AFPM 1-03 contains the essentials of the OTPMG organization -

its mission and functions, the procedures in conducting investigations, both
mil~ary and civilian personnel, the rights of parties involved in proceedings,
and other matters relevant to the nationa l and the military laws. Likewise, this
manual discusses the AFP rules and regulations that the OTPMG, AFP
enforces.

Application

This manual shall serve as the fundamental reference for the OTPMG,
AFP in the conduct of their duties. The proper utilization of this manual is
serves as a deterrent against violations of our national and military laws and
all other regulations that help ensure the rule of law and order in all military
installations and facilities.

L--~~~~
CONSTANTE 0 MARCIAL JR
Colonel, GSC (PA)
The Provost Marshal General

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EXECUTIVE SUMMARY

The AFP Provost Marshal Manual (AFPM 1-03) was formulated under
the supervision of the Office of the Deputy Chief of Staff for Education and
Training , J8 and in coordination with the Armed Forces of the Philippines
Doctrine Development Center.

This manual consists of four (4) chapters as follows :

Chapter 1 - Introduction relates the Provost Marshal General, AFP

with the Provost Marshals of Great Britain , Germany, and the United States. It
also traces the history of the Office of The Provost Marshal General (OTPMG)
when its functions were lodged with the Philippine Constabulary until its
creation as the Office of the Assistant Chief of Staff for Provost Marshal in
1978.

Chapter 2 - Organization presents the organization of the OTPMG ,

the functions of the said office, as well as its supervised units. This chapter
also covers the essential functions of the various entities that the OTPMG
complements, assists, and helps. These entities are the Office of the
Inspector General (OTIG), the Office of Ethical Standards and Public
Accountability (OESPA), Office of The Judge Advocate General (OTJAG),
Military Police Battalion, and the Human Rights Office (HRO). It also
describes its functional relationship with the Provost Marshals of the Major
Services.

Chapter 3 - Jurisdiction and Investigation Procedures discusses

how the OTPMG performs its functions , particularly in the conduct of
investigative inquiries and formal investigations. It also discusses the
procedures in processing complaints and in investigating military and civilian
personnel.

Chapter 4 - Rights of Parties Involved In Proceedings explains the

rights of parties involved in administrative proceedings as well as those who
are arrested, detained or under custodial investigation in connection to the
respect of human dignity.

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TABLE OF CONTENTS

Letter of Promulgation i
Foreword ii
Preface iii
Executive SummaI}' IV
Table of Contents vi

Section Title Page

CHAPTER 1 -INTRODUCTION

1-1 General 1-1

1-2 History 1-1
1-3 Badge and Seal 1-4

CHAPTER 2 - ORGANIZATION AND FUNCTION

2-1 General Function 2-1

2-2 Specific Functions 2-1
2·3 Organization 2·2
2-4 Duties and Responsibilities 2·2
2-5 Relationship with AFP Major Subordinate Units Provost 2-4
Marshals
2-6 Relationship with Other Investigative Offices of the AFP 2-5
2·7 Relationship with Military Police Battalion 2·5
2·8 Relationship with AFP Human Rights Office 2·5

CHAPTER 3 - JURISDICTION AND INVESTIGATION

PROCEDURES

3-1 General 3·1

3-2 Jurisdiction of Provost Marshal 3-1
3·3 Procedure in Processing of Complaints 3·2
3-4 ModesfTypes of Investigation 3·3
3·5 Procedures in Investigating Military Personnel 3-4
3-6 Procedures in Investigating Civilian Personnel 3·6
3·8 Inclusion of Certification Against Forum Shopping 3 -6
3·7 Complaint Flowchart 3-6

CHAPTER 4 - RIGHTS OF PARTIES INVOLVED IN

PROCEEDINGS

4-1 General 4· 1
4·2 Rights of Parties Involved in Administrative Proceedings 4·1
4·3 Rights of Persons Arrested, Detained or Under Custodial 4·2
Investigation

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ANNEXES
A Glossary A·'
B References B·'
C Record of Changes C·,
D Recommendation for Changes D·'
E Punitive - Articles of War E·'
F Basis/References for Investigation F-'
G Delineation of Functions G·'
H Role Clarification : Prosecution and Investigation Functions, H-'
Armed Forces of the Philippines
I Classification of Offenses Under Civil Service Law I·'
J Flow of Investigation Procedures J.,
K Sample Format of Investigation Report K·'
L Reporting the Status of Prisoners or Detainees L·'
M Sample Format of Certification of Non·forum Shopping M· '

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CHAPTER 1
INTRODUCTION

Section 1~1 General

1. In military forces worldwide. the Provost Marshal is the officer in the armed
forces who is in-charge of the military police. In Great Britain , the Provost
Marshal heads the military police of each major service . The General der
FeldjSger-fruppe of the German Military Police (Feldjsget) is equivalent to
Provost Marshal General (PM G).

2. The PMG in the United States (US) reports to the Chief of Staff of the US
Army and handles investigations and incarcerations, thus centralizing a/l
aspeds of law enforcement in the US military. The position was recreated in
January 2003 after the attacks on the World Trade Center in September 2001 .

Section 1-2 History

1. The origin of the Office of the Provost Marshal General. AFP (OTPMG,
AFP) dates back when the Philippine Constabulary (PC) was transformed into
a division of the Philippine Army (PA) by virtue of Commonwealth Act Number
(CA Nr) 1 dated 21 December 1935 (the National Defense Act) . The PC . now
the Philippine National Police (PNP). was then the Philippine Insular Police
Force. charged with the maintenance of peace and order from as early as the
American occupation in 1901 .

2. In 1936, MGEN JOSE DELOS REYES AFP was designated as the first
PMG. However, on account of CA Nr 343 dated 23 June 1938, and upon the
separation of the PC from the PA, the title of PMG was conferred on BGEN
FEDERICO OBOZA AFP . BGEN OBOZA AFP was then assigned with the
Military Police Command (MPC) under the United State Army Forces-Far East
(USAFFE), Armed Forces of the Philippines Westem Pacific Command
(AFPWESPAC) and , later, the Armed Forces Pacific (AFPAC). The MPC was
a post-liberation period version of the PC , which was inappropriately
associated with the Japanese Bureau of Constabulary. Trained under Military
Police Programs, the primary mission of the MPC was akin to that of the pre-
war PC, with its key function of enforcing military law and order for the benefit
of the civilian populace.

3. Following the surrender of Japan in 1945, the Military Police (MP) units
deployed in various parts of the country were thought at as the only units Of
the Armed Forces of the Philippines (AFP). In Luzon. three (3) MP baHalions
were activated to form the PA , and trained as MP units (to distinguish these
from the Military Police Command). The trained MP units were then attached
to various US Army installations and bases. COL DOMINADOR SANTIAGO
commanded the First Military Police BaHalion (MP Bn), LT GEN MANUEL
CABAL AFP. then the AFP Chief of Staff (CSAFP), commanded the Second
MP Bn. while COL PEDRO MERIT commanded the Third MP Bn. The
deadivation of the PC on 31 December 1947 terminated the designation of
BGEN OBOZA AFP as the PMG.

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4. On 19 February 1953. the Provost Marshal General Section (PMGS) was

created through General Order Number (GO Nr) 41 . COL FLORENTINO
CARDENAS INF PA was designated as the PMG of the AFP under Table of
Organization 19·7 dated 22 January 1953. Conceived as a Special Staff, its
mission is to advise the CSAFP with regard to laws, rules and regulations
necessary to enforce order and discipline among all military personnel in the
AFP. Three (3) branches were created to assist the PMG, AFP -
Administrative, Plans and Policy, and Motor Vehicle.

5. Alongside the activation of the PMGS was the creation of three (3) Air
Police companies from the Philippine Air Force bases; the 202'" MP Company
of the PA Training Center; the area MP companies of the First Mililary and
Second Military Areas; the 303'" MP Company; and , Ihe MP Section of the
Battalion Security Group (BSG), AFP. Subsequently, four (4) new units were
organized: the MP Company of the Third Military Area (07 July 1953); the
Fourth Military Area (01 March 1954); the Shore Patrol Delachment of the
Philippine Navy (19 October 1954); and, the MP units of the PC (01 July
1961). On 16 October 1954, Ihe 303'" MP Company was attached wilh the
OTPMG and placed under the command of the PMG, AFP . Subsequently, the
PMG , AFP was made a member of the Special Staff of GHQ, AFP.

6. The 303" MP Company was given the jurisdiclion over the Manila area
while the 303'" MP units of the Major Services limited their activities within
their respective posts. GO Nr 197 dated 31 October 1958, lerminaled the
attachment of the 303" MP Company with GHQ , AFP. As provided in the
revised Table of Distribution Nr 200 GHQ, AFP dated 10 February 1960, the
PMGS was renamed the Provost Marshal Division. On 16 March 1961 LTC
MARINAO ESCALOMA INF PA was deSignated as the PMG , AFP. Along this
concept of organization , control, and supervision, the Major Services and the
Armed Forces of the Philippines Support and Separate Units (AFPWSSUs)
organized and deSignated their respective Provost Marshal Sections and
Provost Marshals.

7. Pursuant 10 Letter of Instructions (LOI) GHQ, AFP dated 07 Seplember

1973, the First CompoSite MP Battalion , AFP was organized and activated as
an AFPWSSU , five days after its publication . It was placed under the
operational control of the Deputy Chief of Slaff for Operations, GHQ , AFP and
charged with the mission of enforcing military laws, rules and regulations
among all AFP military personnel in the Greater Manila Area, which was
designated as its area of jurisdiction and operation. The MP Company of
GHQ and the Headquarters Service Company, AFP was eventually
deactivaled and the personnel, functions, equipment, and records of the
former were transferred to the First Composite MP Bn , AFP.

8. In response to the reports received by the CSAFP in 1974 on the abuses

committed by mililary personnel in Zamboanga City and the neighboring
areas, the organization of an MP Bn to operate in the Scuth was
conceptualized . Through LOI dated 14 June 1974, the Second CompoSite MP
BN, AFP was organized as an AFPWSSU effective 01 July 1974 and was
placed under the operational control of the Southwestern Command

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(SOWESCOM). When the Central Mindanao Command (CEMCOM) was

deactivated on 01 July 1974, its personnel, fundions , equipment and records
were transferred to the Second Composite MP Bn , AFP . Zamboanga City
and Jolo were the designated areas of operation of this newly organized unit.
To beef up its manpower and to expedite its operations, the Alpha Company
of the First Composite MP Bn , AFP (then stationed in Camp General Emilio
Aguinaldo) was attached to this command operationally. pursuant to
paragraph 6 of the same LOI that organized the Second Composite MP Bn,
AFP .

9. To synchronize the activities of the First and Second Composite MP Bns.

AFP, LOI dated 01 April 1975, (amending the previous LOis that organized
the First and Second Composite MP Battalions operating in the Greater
Manila Area and Zamboanga City, respectively) placed both MP Bns under
the operational control of the PMG, AFP effective 01 April 1975.

10. LOI dated 16 July 1975 and GO Nr 33 dated 17 July 1975 organized the
Composite MP Brigade, AFP (Provisional), consisting of a Brigade
Headquarters, a Headquarters Company, and the First and Second
Composite MP Bns , into an AFPWSSU. The PMG, AFP was designated as
the concurrent Brigade Commander of the Military Police Brigade (MP Bde),
AFP , and entrusted with the mission of enforcing military laws, rules and
regulations , and to instill discipline and order among all AFP personnel,

11. Pursuant to GO Nr 518 dated 02 August 1978, the OTPMG, AFP was
deactivated and its mission, fundions, records and personnel were absorbed
by the MP Bde, AFP. The Commander of the AFP Composite MP (not Military
Police Brigade) has since perfonned the functions of TPMG, but not in any
way , acting officially as TPMG.

12. The compelling need for a unit in the MP Bde to advise the Commander
and to plan Provost Marshal-related activities within the command , and in the
whole AFP, paved way for the creation of the Office of the Assistant Chief of
Staff for Provost Marshal on 16 October 1978, pursuant to GHQ CMO, BDE,
AFP LOI dated 03 October 1978.

13. When the MP Bn was deactivated in 1986, its investigative function was
returned to the Office of The Provost Marshal, thereby, assimilating all its
records and pending cases . The Intelligence and Investigation Branch was
later created to handle complaints and to conduct investigation on the
numerous cases received by the office wh ich consume no tess than 60% of
PMG's time and effort. The licensing of military drivers was later removed as
one of its function when a Presidential Decree was amended , regulating
among others , the termination of the issuance of government driver's license.

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Section 1-3 Badge and Seal

1. Symbolism of the Components of the Provost Marshal Badge

Figure 1.1 Provost Marshal Badge

a. Shield. The silver shield serves as the background and symbolizes the
round-the-clock performance of duties of the OTPMG and all the Provost
Marshal units of the AFP. It also represents defense against all forms of evils
that threaten the security. peace and order. and discipline within the AFP. as
well as those that tarnish the image of the AFP. The word PEACEMAKER in
white letters in the upper portion of the shield symbolizes the purity of thought
and spirit of the Provost Marshal Officers and that enable them to effectively
enforce law and order.

b. Scroll. The yellow scroll positioned inside the shield, below the word
PEACEMAKER, with the inscription ENFORCE, SERVE and PROTECT in
black letters, symbolizes the loyaity and perseverance of Provost Marshal
Officers and Enlisted Personnel as they perform the mission and function of
the OTPMG. The words ENFORCE, SERVE and PROTECT, explained in
detail below, symbolize the unequivocal stand of the OTPMG to enforce
discipline and to serve the Republic at all cost

1) ENFORCE - To enforce military laws, rules and regulations among

AFP personnel;

2) SERVE - To serve God , Country and People; and ,

3) PROTECT - To protect all AFP properties and prevent crimes and

violations of military laws.

c. Double Shield. The silver double shield inside the white background of
the inner circle symbolizes the double preparedness of the OTPMG in
executing its mandated tasks.

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d. Branches of Lsurel Leaves. The branches of laurel leaves placed at the

bottom of the shield extending to the end of the right portion of the shield
(colored red) and at the bottom of the shield extending to the left portion of the
shield (blue) symbol ize the continu ing pursuit of the OTPMG to perform its
mission and functions with honor.

e. Inner Shield. This shield is within another shield and is divided into
three equal parts extending from the edge to the center of the shield . Each
part is colored white (upper portion). blue (left portion) and red (right portion)
The three (3) colors represent the colors of the Philippine flag where white
represents purity and peace, blue represents boldness and peace, and red
represents bravery.

~ Three (3) Yellow Slars. Placed at the comers of the white portion of the
shield , they represent the three (3) main islands in the Philippine arch ipelago
- Luzon , Visayas and Mindanao.

g. Blindfolded Woman with Scale of Juslice. Colored black and placed at

the center of the white portion of the shield , the image of Lady Justice
symbolizes fairness and impartiality in the conduct of investigations.

h. Crossed Telescope and Pislol. Placed at the bottom of the blue colored
ribbon, the telescope faces downward from the red to the blue-colored
portions of the shield , and symbolizes the investigative fundions. and the
condud of securtty inspection that are performed by the OTPMG. The
flintlock· type pi stol is placed pointing upward from the red portion crossing the
blue portion of the shield , and symbolizes the protection that the OTPMG
provides - to maintain peace and order in all AFP facilities.

2. Symbolism of the components of the OffIce of the Provost Marshal

General, AFP Seal

Figure 1.2 Seat of the OTPMG, AFP

a. Outer Double Circle Ring. Provides the yellow background as it

symbolizes the loyalty and perseverance of the OTPMG Officers and Enlisted
Personnel in the performance of their mission and functions.

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b. Inner Double Circle Ring. Divided into three (3) equal parts, each part
colored SKY BLUE, NAVY BLUE and GREEN, representing the three (3)
Major Services of the AF P.

c. Circle. The rest of the circle is colored wh ite which symbolizes purity
and peace.

d. Year 1953. The year 1953 is placed at the bottom of the white inner
circie which represents the year when the OTPMG, AFP was created.

e. Outer Double Shield. The double shield in silver placed within the white
background of the inner circle symbolizes the double preparedness of the
OTPMG in executing its mandated tasks.

f. Branches of Laurel Leaves. The branches of laurel leaves placed at the

bottom of the shield extending to the end of the right portion of the shield
(colored red) and at the bottom of the shield extending to the left portion of the
shield (colored blue) symbolize the continuing pursuit of the OTPMG to
perform its mission and functions with honor.

g. Inner Shield. This shield is within another shield and is divided into
three (3) equal parts extending from the edge to the center of the shield. Each
part is colored white (upper portion), blue (left portion) and red (right portion) .
The three (3) colors represent the colors of the Philippine flag where white
represents purity and peace, blue represents boldness and peace, and red
represents bravery.

h. Three (3) Yellow Stars. Placed at the corners of the white portion of the
shield, they represent the three (3) main islands in the Philippine archipelago -
Luzon, Visayas and Mindanao.

i. Blindfolded Woman Wah Scale Of Justice. Colored black and placed at

the center of the white portion of the shield, the image of Lady Justice
symbolizes fairness and impartiality in the conduct of investigations.

j. Crossed Telescope and Pistol. Placed at the bottom of the blue colored
ribbon , the telescope faces downward from the red to the blue<olored
portions of the shield, and symbolizes the investigative functions, and the
conduct of security inspection that are performed by the OTPMG. The
flintlock-type pistol is placed pOinting upward from the red portion crossing the
blue portion of the shield, and symbolizes the protection that the OTPMG
provides to maintain peace and order in all AFP facilities.

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CHAPTER 2
ORGANIZATION AND FUNCTION

Section 2-1 General Function

The OTPMG, AFP assists the CSAFP in the formulation and implementation
of AFP policies, rules and regulations to maintain order and discipline among
AFP military and civilian personnel.

SectJon 2-2 Specific Functions

The specific functions of the OTPMG, AFP are as follows:

a. Formulates plans and polities relative to the implementation of laws,

rules and regulations in the AFP ;

b. Develops policies, plans and programs, and exercises supervision of

military detainees and prisoners of war confined in military detention facilities,
to include military stockades, hospitals, prisoners ward and disciplinary
barracks and to provide guidance and assistance in these matters;

c. Receives complaints and investigates cases involving offenses against

person and property, disturbance of peace and public order. vehicular
accidents, traffic violations and other offenses vis-a-vis military laws and
regulations committed by military personnel of the AFP;

d. Coordinates and establishes liaison with other Law Enforcement

Offices in the colledion and exchange of information vital to the enforcement
of laws and reg ulations for the expeditious resolution of cases under
investigation ;

e. Establishes and maintains updated and orderly centralized records of

all AFP vehicles and renders periodic reports of said vehicles to the higher
authorities;

f. Conduds studies and researches on AFP regulations , policies,

circulars, Standard Operating Procedures (SOPs), directives and memoranda
relative to discipline, law and order and to recommend amendment. reviSion
and updating;

g. Complies statistical and miscellaneous references and data on tne

AFP-wide disciplinary cases and renders assessment and periodic reports
thereof; and,

h. Issues alarm and makes appropriate coordination and liaison for the
apprehension of wanted and escaped AFP personnel.

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Section 2·3 Organization

The OTPMG is headed by The Provost Marshal General assisted by a Deputy

and the Chiefs of the Administrative Branch, the Plans and Operations
Branch, the Intelligence and Investigation Branch, and the Records, Research
and Statistics Branch. It is organized as shown:

OFFICE OF THE PROVOST MARSHAL GENERAL. AFP

The ProY06t Marshal General, AFP

Deputy. The Provos t M arshal G eo6f81, AFP

Plans end Intelligence and Records ,

Administrative
Operations In ves tiga tion Research and
Branch
Branch .rnnch Statistics Branch

Figure 2.1 OTPMG, AFP Organization

Section 2~ Duties and Responsibilities

1. Deputy, The Provost Marshal General, AFP

a. Assists The Provost Marshal General, AFP in the execution of the

functions of the Office; and,

b. Performs the duties and responsibilities of TPMG , AFP in his absence.

2. Chief, Administrative Branch

a. Plans and coordinates all administrative matters affecting the OTPMG,

AFP to ensure efficient and smooth fundioning of the office:

b. ResponsIble to the TPMG , AFP for the fi3cal budgeting. programming

and control of appropriations and finances ;

C. Maintains and operates an orderty and current administrative and

personnel records for ready reference ;

d. Operates a message center for receiving , recording and dispatching of

all incoming and outgoing communications ;

e. Prepares and submits periodic administrative reports ;

f. Enforces observance of office regulations and diSCipline among

enlisted personnel and civilian employees;

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g. Procures and screens personnel for assignment to OTPMG , AFP ;

h. Processes. maintains and issues appropriate office supplies

and equipment and other requirements necessary for the effective and
efficient operations of the office ; and .

i, Coordinates with appropriate AFP agencies for the morale and welfare
of txlth military and civilian personnel.

3. Chief, Plans and Operations Branch

B. Formulates policies, I3'NS and regulations in the maintenance of order

and discipline among military personnel and develops plans in the execution
and implementation of such poJides, laws and regulations ;

b. Conducts review of existing policies, rules and regulations and

recommends changes , revision of such policies, rules and regulations to
TPMG :

c. Formulates plans in the administration and operation of AFP Detention

Centers, stockades and disdplinary barracks;

d. Plans, coordinates and supervises the rehabilitation and retraining

program of detained military personnel and wartime prisoners;

e. Issues general alarm for the apprehension of deserters and absent

without offidal leave (AWOL) personnel to indude insular prisoners and
escaped military prisoners; and,

t Plans and programs for the upgrade of the Provost Marshall Military
Police (PMI MP) services and Ihe Iraining of the PMIMP personnel of the AFP .

4. Chief, Intelligence and Investigation Branch

a. Issues summons and investigates cases of military personnel involved

in offenses against person and properties, vehicular accidents, violation of
military laws, rules and regulations , and submits findings and
recommendations pertinent thereto;

b. Formulates policies , pl:ilns and programs on c rime prevention to reduce

the violations of AFP laws, rules and regulations ;

C. Maintains a case record , a case logbook, and status of current

investigations conducted;

d. Periodically reviews pending cases and provides guidance concerning

such investigation and maintains case progress report of all investigations
conducted ;

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e. Insures that all pieces of evidence are processed , safeguarded and

disposed of in accordance with investigation procedures;

f.
Conducts background investigations and intelligence information and
evidence to support on-going investigation;

g. Issues PMG Clearances for employment, enlistment, reenlistment.

retirement, separation/discharge, reinstatement, Called-to-Active-Duty (CAD),
Extension of Tour of Active Duty (ETAD) and other as directed ;

h. Maintains liaison with the Office of The Judge Advocate General

(OTJAG) and other law enforcement agencies in order to obtain /gather
additional information/evidence with regard to on-going investigations;

i. Insures that investigators receive professional training to enhance their

knowledge; and,

j. Directly responsible for the supervision and control of all personnel,

resources and activities in the Intelligence and Investigation Division.

5. Chief, Records, Research and Statistics Branch

a. Keeps and maintains complete, current and centralized records of

disciplinary cases of all military personnel Of the AFP and renders periodic
reports to the CSAFP and other offices of the AFP regard ing the status of
such cases;

b. Compiles and monitors statistical and miscellaneous references , data

and trends on the AFP-Wide disciplinary cases, and conducts research
and studies of such cases , and renders assessment and analysis, to
include recommendation/corrective action in order to minimize, if not
prevent, the commission of similar cases/offenses;

C. Conducts studies and researches on AFP laws, nules and regulations,

policies, circulars, SOPs, directives and memoranda pertaining to
discipline, law and order;

d. Determines/assesses the currency/a pplicability of AFP laws, nules and

regulations , policies, circulars, SOPs, directives and memoranda and
recommends its amendments to revision and changes, if deemed
necessary; and,

e. Directly responsible for the supervision and control of all personnel,

resources , and activities in the Records, Research and Statistical Division .

Section 2-5 Relationship with AFP Major Subordinate Units

Provost Marshals

The PMG, AFP is under the functional supervision of the Deputy Chief of Staff
for Personnel, J1 . He exercises technical supervision and coordinative

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relationship with the Provost Marshals of the Major Services, Unified

Commands (UCs) , and AFPWSSUs .

Section 2~ Relationship with Other Investigative Office. ofthe AFP

1. The OTPMG, AFP complements , collaborates, assists, cooperates and

helps sustain investigations that are being conducted by the following Offices:

• . Office of The Inspector General, AFP (OTIG , AFP) ;

b. Office of Ethical Standards and Public Accountability , AFP (OESPA,
AFP) ; and,
c. Office of The Judge Advocate General , AFP (OTJAG, AFP) .
2. Moreover, it may render similar assistance to and support the Judge
Advocate General in instances where a pre-trial investigation is being
conducted , and in the processes of the Trial Judge Advocate in court-martial
proceedings, including other military courts. boards or tribunals .

Section 2·7 Relationship with Military Police Batlalion

1. The MP 8n, an organic unit of General Headquarters and Headquarters

Service Command (GHQ & HSC). is in charge on the enforcement of military
laws and policies inside the camp, including the discipline of personnel and
military dependents during and after office hours. Further, MP Sn is
responsible in controlling traffic movement of vehicles inside the camp.

2. The battalion and the Provost Marshal are co-responsible in the

maintenance of public order and the protection and security of life and
property within the military establishment, facilities, or areas under military
control or jurisdiction having been deemed by law as agents of authority .

3. These two entities have coordinative relationship on matters relative to the

enforcement of order. protection and security within the camp . Likewise. the
same relationship is being practiced to erring or charged personnel for
custodial purposes.

Section 2·8 Relationship with AFP Human Rights Office

1. The Armed Forces of the Philippines Human Rights Office (A FPHRO) is a

Speaal Staff of the CSAFP and under the functional staff supervision of Office
of the Deputy Chief Of Staff for Civil·Military Operations, J7.

2. Based on Staff Memorandum Number 2 dated 11 November 2010,

Subject: General and Specific Functions and Organization of the AFPHRO,
the AFPHRO assists the CSAFP on matters reiated to Human Rights (HR)
and the International Humanitarian Law (lHL) . Specifically. the AFPHRO is
responsible for the following :

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a. Planning , implementing and supervising of programs, measures and

mechanisms to uphold, protect and promote respect for HR, adherence to IHl
and other international humanitarian instruments.

b. Developing and pursuing advocacy activities and other education and

information dissemination programs on HR and IHl.

c. Integrating/synthesizing all AFP policies/regulations and data gathered

that have bearing on HR and the tHl.

d. Receiving complaints of alleged HR violations against AFP members

and threat groups and cause the investigation.

e. MonitOring incidents of alleged HRiIHl violations as reported in open

sources and cause immediate investigation thereof.

l Monitoring the litigation of HR violation cases involving members of the

AFP.

g. MonitOring HRiIHl violations of threat groups and cause the immediate

filing of cases/complaints and assists the victims/their families.

h. liaising with Commission on Human Rights (CHR), other human rights

organizations, Non-Government Drganization (NGOs), Civil SOCiety
Organizations (CSOs) and Private Organizations (POs) for the promotion and
protection of HRiIHL.

i. Submission of reports on issues, concerns, and assessment of the HR

situation in the AFP.

J. Performing such other functions as may be directed by the CSAFP.

3. The AFPHRO exercises exclusive jurisdiction on cases of HR violations

committed by members of the AFP. The AFPHRO together with other
investigative bodies of the AFP acts as one coordinating body. Filed cases
that do not fall within their jurisdiction are referred to the appropriate office for
action.

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CHAPTER 3
JURISDICTION AND INVESTIGATION PROCEDURES

Section 3-1 General

1. This chapter discusses the jurisdiction of the PMG: procedures in the

processing of complaints; investigation procedures: and, procedures in
investigating military and civilian personnel .

2. Investigation is the process of examining/determining the veracity of

allegations of misconduct by way of establishing substantial evidence by
analyzing documentary evidence, swom statemenUs of witnesses and directJ
indirecUcircumstantial evidence thru but not limited to interview, elicitation and
ocular inspection and recommending appropriate punishments in accordance
with the Articles of War. AFP Circulars , SOPs, policies and directives with the
end in view to ens ure its implementation as approved by disciplining authority.
In conducting investigation , the PMG either undertakes a formal investigation
process or an investigative inquiry. Both modes of conducting investigation
have the sale purpose of gathering the relevant fads supported by evidence.

3. The PMG does not adjudicate nor pass judgment on the merits of the
issue in the case. The investigation process is inquisitorial. which inquires
upon the truth of the matter through narrative and darificatory questioning.

Section 3 ~2 Jurisdiction of the Provost Marsha' Genera.

Jurisdidion refers to the authority to hear, try and decide cases. The Provost
Marshal General and its subordinate units are vested with authority to handle
cases involving persons subject to military law.

a. Jurisdiction 8S to Subject. The following persons are subject to and are

understood to be induded in the term Many person subject to military law" or
"persons subject to military law":

1) All officers and soldiers in the active seNice of the AFP; all
members of the reserved force , from the dates of CAD and while on such
active duty; all trainees undergoing military instruction; and all other persons
lawfully called, drafted, called into, or to duty or for training in, the said
service, from the dates they are required by the terms of the call , draft, or
order to obey the same;

2) Cadels, fiying cadets, and probalionary second lieulenanls;

3) All retainers to the camp and all persons accompanying or serving

with the AFP in the field in time of war or when martial law is declared though
not otherwise subject to Artides of War (AW) ; and,

4) AU persons under sentence adjudged by courts~martial .

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b. Jurisdiction as to Cases.

1) TPMG investigates complaints involving administrative offenses

against persons and property, vehicular accidents, traffic violations,
disturbances of peace and public order, individual violations of laws and
regulations, and complaints against personnel for misbehavior/misconduct.

2) TPMG conducts investigation on other specifiC offenses committed

by personnel under military control inside areas of military jurisdiction.

3) TPMG investigates human rights abuses and related complaints

reported or referred to the office.

Section 3-3 Procedures in the Processing of Complaints

The OTPMG, AFP oversees the maintenance of order and discipline in

milrtary installations and the enforcement of laws, regulations and safety
programs in the AFP. To effect its mandate, the office processes complaints
against personnel for misbehavior/misconduct through the following manner:

a. Receiving Complaints. The Complaint Section of the Intelligence and

Investigation Branch caters to walk-in complaints, letter complaints, including
anonymous letter complaints, and complaints referred to TPMG for
appropriate action. The complaint must be accompanied by a sworn
statement of the complainant and his witness, evidence relevant to the case
and a duly accomplished complaint sheet.

b. Screening or Entertaining Complaints. The Complaint Section of the

Intelligence and Investigation Branch screens or entertains based on the form
of the complaints received.

1) Walk-In Complaints

a) The branch entertains complaints in whatever form and manner

and from any source if the same affects the AFP in general , and or rts
personnel, property and interest in particular. It conducts interviews and other
modes of investigative inquiries in order to elicit the facts of the case and the
parties involved .

b) Matters which are being laken cognizance by other investigating

agenCies, units or offices are not to be taken further cognizance by the TMPG
unless referred to the office.

2) Letter Complaints

a) The branch determines whether the complaint has merit andlor

is supported by Sworn Statement andlor Affidavit of Complaint and that of the
witnesses. If the complaint is not substantiated, the complainant is summoned
to substantiate the complaint by personally giving the Sworn Statement and/or
sending the duly notarized affidavit and that of the witnesses to include

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related documentary evidence. If the complaint is already substantiated with

evidence, a summon to the respondent is sent to shed light on the complaint
against him/her by submitting pertinent documents in answer thereto.

b) If the complainant fails to substantiate his/her complaint after

three (3) consecutive summonses sent to his/her given address, the complai nt
is considered dropped and closed and the complainant is informed
accordingly.

c} Anonymous Complaints.

(1) Aooording to SOP Number 1 dtd 26 March 93, Subj:

Disposition of Anonymous Complaints/Reports, only meritorious anonymous
complaints/reports are taken cog nizance of and are thenceforth investigated
in order to protect AFP personnel from undue harassment. Anonymous
complaints/reports, to be considered meritorious, must satisfy any of the
following condrtions:

(a) Upon initial verification , it contains correct names and

addresses of witnesses;

(b) That supporting documents/evidences to the complaintsl

reports could be verified and obtained from offices or persons mentioned in
the complaint: and,

(c) Gives sufficient leads to pursue investigation.

(2) Anonymous complaints/reports that are not meritorious are

dismissed outright, however, these are filed for future reference. These
reports should refer from the files after three (3) months of inactivity and
should not stop the issuance of dearance.

(3) Complaintslreports that are meritoriou s or not and consist of

allegations that have bearing on national security are referred to cognizant
offices/agencies for investigation or for appropriate actions. These complaints
are terminated within six (6) months.

Section 3-4 ModeslTypes of Investigation

1. In conduding an investigation, the Provost Marshal undertakes either a

formal investigation process or an investigative inquiry. Both modes of
conducting an investigation have only the sole purpose of gathering relevant
facts to support the evidence. After the conduct of such investigation, an
appropriate disposition of the case follows.

a. Formallnvestigation

1) In the conduct of an investigation, the Provost Marshal investigator

does not adjudicate nor pass judgment on the merits of the issue in the case.

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The investigation process shall be inquisitorial, meaning, inquiring upon the

truth of the matter through narrative and darificato/), questioning.

2) In no way, an investigator undertakes an investigation in an

adversarial process wherein the parties and their witnesses will cross-
examine each other or profound impeaching question against the other.
POints of clarification by one party may be profounded through the Provost
Marshal investigator, who in tum shall profound question to the other party.

b. Investigative Inquiry. This focused more on gathering data and other

relevant information, though without using the coercive authority of issuing
subpoena and summons, but nevertheless, the authority, mission, and identity
of the investigator is disclosed to the subject.

2. Disposition of Investigation Report

a. Reports of investigation are submitted by the Provost Marshal

concemed, directly to their respective commanders and to the CSAFP for
appropriate disposition, if the case is cognizable by milita/)' authorities with
the provisions of the AW.

b. In cases which are cognizable by the civil courts or other appropriate

quasi-judicial agencies, the case is referred to the Office of the Judge
Advocate General, AFP or major service judge advocates for the conduct of
prelimina/)' investigation or determination of probable cause or prima facie
evidence, and if the same exists, to be subsequently referred to the
appropriate quasi·judicial agenCies or prosecution office.

3. Under AW 38, as a general rule, the prescriptive period of an investigation

is two (2) years from commission of the offense to arraignment, except AW 95
and desertion in time of peace which prescribes in three (3) years from
commission. In the computation , the period of any absence of the accused
from the jurisdiction of the Philippines, and also any period during which, by
reason of some manifest impediment the accused shall not have been
amenable to mil ita/), justice, shall be excluded. During the said time, the
running of the prescriptive period is tolled or suspended.

4 . The prescriptive period starts to run from the commission of the offense.
Its running stops only when the accused is arraigned. Thus, from the date of
the commission of the offense, the running of the prescriptive period starts to
run and will stop only upon the arraignment of the accused before the General
Court Martial (GCM) where the case was referred for trial. If the accused is
arraigned after the lapse of the prescriptive period , the case will be dismissed
based on that ground.

Section 3-5 Procedures in Investigating M11Itary Personnel

In an administrative investigation, the investigator conducts the investigation

in the following manner:

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a. All complaints are accompanied by sworn statements or affidavits of

the complainants and their witnesses as well as other supporting documents.
The statements or affidavits of the complainants and their witnesses are
sworn to before the Investigating Officer or previously sworn before a Notary
Public or any public officer authorized to administer oaths. He examines them
and satisfies himself that their statements/affidavits are voluntarily executed
and understood by them .

b. In those cases referred by formal letters or communications from other

units and offices of the AFP , or such coming from other agencies of the
government as well as from private individuals, corporations and other
juridical persons, the persons who signed the letter and/or those persons
whom the letter mentioned as having the personal know1edge concerning
such fact, or those persons, after an investigative inquiry into the matter,
became known to have had actual knowledge of the fact, he or she be
subpoenaed and be made to appear, testify and produce documents or things
that are relevant as evidence in the investigation.

c. In entertaining complainants, the investigator conducts first a

preliminary interview on them to determine whether they have sufficient
personal knowledge or evidence to support their complaints/charges , or have
knowledge of someone who has direct personal knowledge of the subject of
his complaint. If they cannot produce the necessary evidence, or do not know
any other persons, who have personal knowledge of the facts of their
complaint, they are advised accordingly. If they insist. the investigator refers
the matter to the Chief of the Intelligence and Investigation Branch. On the
other hand, if the evidence presented is sufficient to establish a probable
cause , the investigator prepares the necessary complaint sheet and summons
to the concerned party(s).

d. Statements/Affidavits of the complainants/respondents and witnesses

which have been swom to before a notary public or government official duly
authorized to administer oath is subsequently affirmed under oath before the
Investigating Officer or any Provost Marshal Officer in the place of
investigation. Whenever necessary, the Investigating Officer summons either
or both parties or their witnesses and asks darificatory questions.

8. The Investigating Officer assists both the complainant and the

respondent and their respedive witnesses in the preparation and execution of
their affidavits if requested to do so. The Investigating Officer sees to it that
the complainants and respondents are given the opportunity to present
evidence on their behalf.

f. The Investigating Officer sees to it that a personal confrontation

between the complainant and respondent ;s made possible or set for a
possible amicable settlement andlor for the purpose of threshing out the
problems or stipulation of facts, when the subject matter of the case under
investigation is allowed by law to be the subject of compromise, amicable
settlement and other modes of dispute resolution.

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Section 3-6 Procedures In Investigating Civilian Personnel

In investigating civilian personnel, OTPMG considers the following general

provisions:

a. No official or employee in the Civil Service is removed or suspended

except for cause as provided by law and after due process.

b. No complaint against an official or employee is given due course

unless the same is in writing and subscribed and sworn to by the complainant,
except if from the face of an anonymous complaint, there are substantial
leads which would establish the existence of the offense, then an investigation
on the matter may be ordered. The head of the office takes initiative in filing
the formal charge against the official or employee concemed .

c. In meting out punishment, the same penalties are imposed for similar
offenses and only one penalty is imposed in each case. An admonition as a
warning is not considered a penalty. Application of penalties in administralive
cases is governed by Rule IV Penalties. Civil Service Commission Resolution
Nr 991936 dated 31 Aug 99, SUbject: Unifonn Rules on Administrative Cases.

d. The reassignment of an official or employee from one organizational

unit to another in the same Command without reduction in rank or salary
when made in the interest of the service and not arising from administrative
action is not considered.

Section 3-7 Inclusion of Certification against Forum Shopping

1. In accordance with Letter Directive Number 31 dated 13 November 2013.

Subject: Requirement of Certification of Non-forum Shopping in All
Investigative Office of the AFP, all fonnal complaints filed before any
investigative office of the AFP, needs to contain a certification of Non-forum
Shopping. executed by the complainant. which is under oath, stating therein
that he or she has not theretofore commenced any other action or proceeding
involving the same issues against the same parties in any judicial, quasi-
judicial and/or any administrative body or tribunal.

2. Failure to comply with the foregoing requirement and submission of a false

certification results to the summary dismissal of the complaint, without
prejudice to the filing of criminal action for Perjury against the party
responsible (see Annex M for Sample Fonnat of Certification of Non-Forum
Shopping).

Section 3-7 Complaint Flowchart

1. In order to vividly illustrate how the OTPMG , AFP handles and manages
the processing of complaints from the time it was received from the
Complainanl up to its appropriale disposal, a flow chart (Figure 3.1) was

3-6 RESTRICTED
 RESTRICTED

conceptualized to aid the personnel of the said office in the perfonnance of

their duties and to establish awareness among other offices and units of the
AFP.

2. The flowchart explici1ly shows the details, step-by-step procedure and

actions of the involved branches of the OTPMG. In addition , the
corresponding actions of offices, units and personalities outside OTPMG
where the paper will be passed or processed are indicated.

a. The flow chart starts from walk-in complaint, letters or communications

from other units and offices of the AFP, or endorsement from other agendes
of the government such as: Office of the President, Secretary of National
Defense/Department of National Defense , Ombudsman , Department of
Justice (DOJ) and CSAFP as well as from private individuals, corporation and
other juridical person.

b. Complaint Section ensures the completeness of complaint in (ann and

substance. The Complaint Non-Commissioned Officer (NCO) conducts
question and answer and the complainants are required 10 submit the affidavit
to support their complaint.

c. Intelligence and Investigation Branch reviews al1 relevant evidence!

information, substantial to charge the respondent. The Chief, Intelligence and
Investigation Branch designates an Investigator to complete the Investigation
Report (IR) and recommends to the TPMG for approval. However, ~ the
documents are incomplete , it will be returned to the complaint section and the
complaint NCO will be advised to complete and substantiate the complaint.

d. For referral , the PMG conducts preliminary investigation or

determination of probable cause or prima facie evidence, and if the same
exists, it is subsequently referred to Major Service Commanders, UCs,
Commanding Generals (CGs)/Commanding Officers (COs), AFPWSSUs.

e. TPMG is the signatory and approving authority of the following :

1) Authority to Investigate
2) Referral Letter
3) Investigation Report recommended by the Chief, Intelligence and
Investigation Branch.

f. Records , Research and Statistics Branch appends Case Nr on the

Authority to Investigate or Referral Letter. In addition, the branch updates
excel database, files extra copy of authority to investigate or referral.

g. Plans and Operations Branch forwards the approved Investigation

Report (IR) to CSAFP thru OJ1 for approval and follows-up/or updates the
status of cases as follows:

1) Monitors CSAFP Approval

2) Monitors Letter Directive of OTAG

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 RESTRICTED

3) Updates track record

4) Secures copy of Directive and CSAFP approval

h. The fiowchart explicitly shows the details, step by step procedures and
actions of the involved branches of the OTPMG . In add~ion , the
corresponding actions of offices, units and personalities outside OTPMG
where the paper will be passed or processed is as follows :

1) The concemed units with jurisdiction to conduct investigation their

own personnel for under investigation.

a) Philippine Army
b) Philippine Navy
c) Philippine Air Force
d) Unified Command
e) AFPWSSUs

2) The approving authority and concerned offices

a) OJ1 , AFP
b) TJAG, AFP
c) CSAFP
d) OTAG , AFP

3-8 RESTRICTED
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3-10 RESTRICTED
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CHAPTER 4
RIGHTS OF PARTIES INVOLVED IN PROCEEDINGS

Section 4-1 General

In any investigation of involved AFP personnel, whether military or civilian ,

resped to the rights of these people is a paramount concern. Though the
objective of every investigation is to ferret out the truth and veracity of events
leading to the case or cases , still the respect for the dignity of any human
being is accorded.

Section 4-2 Rights of Parties involved in Administrative Proceedings

1. The Investigative Office, wherever possible, seeks corroboration of the

information in its possession.

2. For purposes of these guidelines. Investigative Activity indudes the

collection and analysis of documentary, video, audio, photographic, and
electronic information or other materials. interviews of witnesses, observations
of investigators, and such other investigative techniques as required for the
condud of the investigation.

3. Investigative Activity and critical decisions are documented in writing and

are reviewed with managers of the Investigative Office.

4. Subject to the Organization 's rules, policies, and procedures, if, at any
time during the Investigation, the Investigative Office considers that it would
be prudent, as a precautionary measure or to safeguard information, to
temporarily exdude a staff member that is the subject of an investigation from
access to his or her files or office or to recommend that he or she be
suspended from duty, with or without pay and benefits, or to recommend
placement of such other limits on his or her official activities, the Investigative
Office refers the matter to the relevant authorities within the Organization for
appropriate adion.

5. To the extent possible, interviews conducted by the Investigative Office

are conducted by two persons.

6. Subject to the discretion of the Investigative Office, interviews are

conducted in the language of the person being interviewed, when appropriate,
use interpreters.

7. The Investigative Office will not pay a witness or a subject for information.
Subject to the organization 's rules, policies, and procedures, the Investigative
Office assumes responsibility for reasonable expenses incurred by witnesses
or the sources of information to meet with the Investigative Office.

8. The Investigative Office engages external parties to assist in i1s

investigation.

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9. Information regarding any complaints Le., action taken , status or final

disposition is relayed to parties concemed immediately after the resolution of
the issue with the approval of the commander of the investigating unit.

10, Any report and/or complaint received by any of the above stated
investigative offices which do not fall under their investigative jurisdiction is
immediately forward the same to the cognizant offices. Moreover, in no case
an office entertains any complaint not within his authority to investigate except
as directed by higher authority.

11. Cases originally filed and resolved in the lower units of TPMG, OTIG, or
OESPA but later re·filed/revived by the complainant for reinvestigation are not
referred back to the lower units but are acted upon by the cognizant higher
agency accordingly.

12. Administrative investigation of a certain complaint proceed independently

and simultaneously from the civil and criminal proceedinglinvestigation
pending in the Civil Court and in the Philippine National Police (PNP),
respectively even through both arose from one and the same complaint.

Section 4-3 Rights of Persons Arrested, Detained or Under Custodial

Investigation

1. As stated in Republic Act Number (RA Nr) 7438 dated 27 April 1992,
Subject: An Act Defining Certain Rights of Persons Arrested , Detained or
Under Custodial Investigation as well as the Duties of the Arresting , Detaining
and Investigating Officers, and Providing Penalties for Violations Thereof, the
following are the rights of persons arrested, detained or under custodial
investigation and the duties of public officers:

a. Any person arrested detained or under custodial investigation at all

times is assisted by a counsel;

b. Any public officer or employee, or anyone acting under his order or his
place, who arrests, detains or investigates any person for the commission Of
an offense informs the latter, in a language known to and understood by him,
of his rights to remain silent and to have competent and independent counsel ,
preferably of his own choice . who at all times be allowed to confer priva tely
with the person arrested , detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he is provided with a
competent and independent counsel by the investigating officer;

c. The custodial investigation report is reduced to writing by the

investigating officer, provided that before such report is signed, or thumb·
marked ~ the person arrested or detained does not know how to read and
write, it is read and adequately explained to him by his counselor by the
assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such
investigation report is null and void and of no effect whatsoever;

4-2 RESTRICTED
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d. Any extrajudicial confession made by a person arrested, detained or

under custodial investigation is done in writing and signed by such person in
the presence of his counselor in the latters absence, upon a valid waiver,
and in the presence of any of the parents, elder brothers and sisters, his
spouse, the municipal mayor, the municipal judge, district school supervisor,
or priest or minister of the gospel as chosen by him; otherwise. such
extrajudicial confession is inadmissible as evidence in any proceeding ;

e. Any waiver by a person arrested or detained or under custodial

investigation under the provi sions of Artide 125 of the Revised Penal Code, is
done in writing and signed by such person in the presence of his counsel ;
otherwise the waiver is nuit and void and of no effect;

f. Any person arrested or detained or under custodial investigation is

allowed to be visit by or have conferences with any member of his immediate
family, or any medical doctor or priest or religious minister chosen by him or
by any member of his immediate family or by his counsel , or by any national
NGO duly accredited by the CHR or by any International Non-Governmental
Organization (INGO) duly accredited by the Office of the President. The
person's "immediate family" includes his or her spouse, fiance or fiancee,
parent or child , brother or sister, grandparent or grandchild, uncle or aunt,
nephew or niece, and guardian or ward;

g. Transfer/Evacuation from one place of confinemenVdetention to

another:

1) Responsible for the security of authorized transfer or movement of

prisoners or detainees from one place to another remains with the custod ian
until duly received by another authorized custodian.

2) In the movement of prisoners or detainees from one place of

detention/confinement to another, the official custodian thereof informs the
receiving uniVagency by the fastest means available, the number of prisoners
or detainee and escorts, Expeded Time of Arrival (ETA), and the means of
transport used. This information is relayed at least 48 hours prior to ETA. Any
change due to unavoidable delays is, likewise, reported to the receiving
uniVagency by the custodian escort.

3) The appropriate unit within the command is responsible for any

additional security andlor transportation requirement for prisoner or detainee
from the point of debarkation to the place of confinemenUdetention . The
former assumes administrative control over the escorts after the accounting
and the formal turn-over of prisoner or detainee.

h. Security Measures

1) Authority for movement - movement and transfer of prisoners or

detainees is made only upon the written approval of the CSAFP, Major
Service Commanders or their authorized representatives or competent

RESTRI C TED 4-3

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court/investigating Board/Committee. Such authority is carried by AFP escorts

at all times.

2) Number of Guards/Escorts - as a general rule, the number of

guards/escorts corresponds to the number of prisoner(s) or detainee(s) to be
moved, accompanied by a minimum of one (1) heavily armed team led by an
Officer. Each detainee is cuffed together with his deSignated guard/escort.

3) Prior to the movement, all the guards/escorts are given detailed

instructions on their duties and responsibilities. Special instructions are issued
in wrrting. when necessary.

4) Handcuffs, Thumb cuffs and Leg-irons - prisoners or detainee

being moved are cuffed. When two or more prisoner(s) or detainee(s) are
transported, each is secured to the other or in some instances, to their
respective escorts. In the absence of handcuffs or leg-irons, ropes and/or
other expedients may be used to secure the prisoners or detainees from
being moved. In no case a prisoner or detainee be handcuffed to any part of
the vehicle during transit from one place of confinement to another.

5) Inspection of prisoners or detainees - before transfer, all prisoners

or detainees are inspected and searched for dangerous weapons or objects
(pointed objects like ballpens, plastiC knife, sharpened toothbrush handle,
nylon string/rope, plastiC bag, muriatic acid , etc.) which may be used for
escape or self-destruction.

6) A prisoner or detainee is not allowed to talk to unauthorized

persons nor receive anything unless such item/article has been previously
inspected and cleared by the Officer-In-Charge (OIC) or NCO In-charge
(NCOIC) of tile guard/escort detail.

7) A prisoner or detainee at all times is escorted even in private places

such as comfort rooms, etc., for personal security.

8) No prisoner or detainee is aocepted for confinemenUdetention

without proper court/board/committee order, unless otherwise directed by the
President, SND, CSAFP or Major Service Commander and/or their duly
designated representatives .

9) Arrest/Seizure by other Major Services and units.

a) In the case of persons arrested and articles seized pursuant to

AW 70 and where complaints/charges are to be filed with courts-martial or
civil courts, the apprehending uniUmajor service retains custody of such
persons and/or evidences, except firearms and explosives which are to be
deposited with the authorized AFP units.

b) In the case of civilians arrested and articles seized pursuant to

existing laws, such persons and/or evidence are turned over to the PNP or to

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 RESTRICTED

the proper govemment agency that has jurisdiction over the alleged offense
within the reglementary period as provided by law.

10) The period of time pruvided under the Revised Penal Code on
arbitrary arrest/detention is stric1ly observed at all times .

11) The aTJAG or ~s counterpart in the AFPWSSUslUCsiGHO and

HSC, and Major Services is responsible in filing appropriate charges/cases in
the Military or Civil Courts.

i. Appearance/Uniform

1) Members of the Courts Martial wear Service 810use or Bush Coat

with complete paraphernalia during the conduct of every trial/hearing.

2) A military prisoner or detainee wears Smart General Office Uniform

(SGOU) with complete paraphernalia during appearances/hearings before the
military or civilian courts.

3) During transport/transit from or towards the detention facility. or

every time a prisoner or a detainee is outside his detention area, he wears a
distinctive clothing with proper bold marking ~ Detainee~ or Person Under
M

Custody· (PUC), in order to distinguish him from any other military personnel
or civilians around. He is given appropriate time , under dose watch by his
designated guard/escort, to change to pruper mil~ary uniform (per para 1(2)
above) upon arrival at the Court premises.

4) A prisoner or detainee observes proper grooming at atl times.

j. Security in Transit

1) Responsibility of the Guards - all members of the guard/escort

detail are responsible for the security of the prisoner or detainee while in
transit. The OIC or NCOIC of the guard/escort detail assigns to each member
his individual responsibility . They need to avoid familiarity with the prisoners
or detainees.

2) General Instructions - whenever possible, movement andlor

transfer of prisoners or detainees is made during daytime. During land travel,
if the detail benighted while en route , they must proceed to the nearest AFP or
PNP unit, or Provincial or City/Municipal Jail, whichever is the most
practicable, to spend the night and must resume movement the following
morning. Precautions are taken at all times especially at night to secure
prisoners or detainees and to repel possible surprise attacks from whoever
may plot to liberate the prisoners or detainees.

3) In case of motor trouble and accidents, the AFPWSSU/UC/GHO &

HSC, or Major Service concerned are notified by fastest means of
communication available. Nearest AFP or police units may be requested to
render assistance and/or send the necessary reports.

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k. Receiving a Prisoner or Detainee

1) The post, camp or base commander or his authorized

representative rece ives prisoners or detainees for detention/confinement upon
presentation of the required papers. The concerned Commander or his
authorized representative issues receipts for such persons. to include their
personal effects. A thorough strip search on each prisoner or detainee
follows .

2) Each detainee or prisoner is required to fill-up personal data sheet,

to include fingerprinting/photographing by authorized personnel. These are
contained in the Prisoner or Detainee's Folder Record to be maintained by the
Prisons/Confinement Officer, incorporating among others, personal
circumstances such as name of apprehending agency or unit, data and
authority of arrest and other appropriate remarks.

3) Medical examination is conducted on each of the prisoner or

detainee by the appropriate medical unit within the first 24 hours of detention.

I. Quartering

') Prisoners or detainees are provided with billeting spaces available

in the post, camp, base or station with beds and beddings.

2) Separate quarters, comfort rooms and bathrooms are provided for

male and female prisoners or detainees. All prisoner or detainee are not Ile
allowed to keep within the quarters articles other than personal items like toilet
articles.

3) Suspected hard core rebels and those with subversive leanings are
further segregated from the others.

4) Extreme care is exercised in allowing a prisoner or detainee to keep

personal items that may be used against his/her guards, or for se~­
destruction, such as razor, blades, etc.

m. Security and Control Inside Quarters:

1) Prisoners or detainees are allowed to wear their own clothes inside

their quarters.

a) Prisoners and detainees are classified into three categories:

(1) Maximum Security Prisoners - those sentenced to reclusion

perpetua (life imprisonment) or death.

(2) Medium Security Prisoners - those sentenced to more than

ten (10) years imprisonment but less than life imprisonment.

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(3) Minimum Security Prisoners - those sentenced to more than

six (6) years imprisonment but not more than ten (10) years and due for or
qualified for parole or conditional pardon .

b) Moreover, each category of prisoners or detainees is further be

classified into two kinds :

(1) Criminal category

(2) Ideological category

2) Sleeping time (taps) is observed at 2200H which lights are

automatically switched off.

3) Bed check/head count is conducted at least once between taps and

reveille, If the need arises , they are awakened and requested to fall in line for
accurate accounting and for the of conduct of roll call/muster.

4) Mails/parcels for or from prisoners, detainees, and suspeds, are

inspeded or censored .

5) Daily inspections are conducted to check the deanliness and

orderliness of their quarters. Custodial personnel may require them to do
some deaning within their premises or engage in useful activities.

6) Na conjugal visitation inside the places of detentian/confinement is

allowed.

n. Control of Visitors
1) Visiting hours is observed at 0900H to 1200H, and 1400H to 1700H
daily.

2) Only immediate members of the prisoners ' or detainees' family or

any medical dodor, priest ar religious minister, or his counsel are allowed
visitatian .

3) All visitors are cleared in accordance with AFP and/or applicable

camp rules and regulations. They are requ ired ta accomplish visitor's
passlinformation sheets (format as prescribed) and made to sign in
appropriate log/visitors books. No article is passed between the visitors and
the prisoner or the detainee unless censored/checked by the guard at the
visitar's room.

4) The time allotted for a group of visitors per prisoners' ar detainees'

visit is limited within the visiting hours. A group or set of visitors for each
detainee is, as much as possible, limited to five (5) persons only and the
maximum number of groups visiting at any time is not to exceed ten (10)
persons.

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5) All visitors are subjected to search before they are allowed to visit
Refusal to be searched is a ground for denial of their visiting privileges.

6) Visitors are entertained at the "Visito~s Room" only, and they are
not allowed to enter the prisoners' or detainees' sleeping quarters.

7) Any prisoner or detainee is allowed to be visited by legal counsels

within reasonable hours of the day as may be appropriate.

o. Messing

1) A prisoner or detainee is given full mess in accordance with the

existing rate of SubSistence Allowance (SA) . The Custodial Unit is responsible
for the coordination, withdrawal, and preparation of prisoner's or detainee's
mess.

2) Messing time is prescribed as follows :

Breakfast ......... 0600H to OBOOH

Lunch .......... . 1100H to 1300H
Supper .. .... ..... 1700H to 1900H

p. Recreation and Welfare

1) TV sets with or without video players, radios , electric fans and other
items for personal comfort of detainees are allowed inside their quarters,
subject to the best judgment of the confinement officer,

2) Newspapers, magazines and other reading materials are made

available in their day room quarters, Personal reading materials are allowed
subject to the prescribed censorship,

3) The Chief Chaplain or his authorized representative is responsible

for the moral guidance and spiritual needs of the prisoners or detainees.

4) Medical and dental care visits are accorded to them by the Surgeon
General and the Chief Dental Surgeon or their authorized representatives
from time to time .

5) Supervised physical conditioning is held at least once a week within

the premises of their confinement area, and to be conducted by the
prisons/confinement officer.

6) Telephones, cellular/mobile phones, computers, laptops and other

similar electronic devices which are used as or have the capability to be used
as means of communication are not allowed inside the prisone~s or
detainee's billeting area. These items are surrendered for safekeeping to the
detention facility administrator.

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 RESTRICTED

7) A prisoner or detainee is not allowed to bring any pet inside the

delentian facilrty

q. Withdrawal and Release

1) No prisoner or detainee is to be withdrawn or to be released without

the written approval of the competent military authority, which may be:

a) For Officers - by the CSAFP or the Major Service Commander

or his duly authorized representatives.

b) For enlisted personnel - by the Commanding Authority or

OfficerITDCS/J1 or their counterparts in the Major Services.

2) The security of prisoner or detainee while going to and returning

from a place of investigation, interrogation, trial or elsewhere is the
responsibility of the prison/confinement officer. The security of the
detainee/prisoner, while under investigationlinterrogationltrial, is the
responsibility of the custodian andlor escort elements. If a detainee is to be
kept at the office of the investfgators for more than 24 hours, the approval of
the CSAFP or the Major Services Commanders or their duly authorized
representatives is to be secured.,

3) A prisoner or detainee whose release is directed by competent

authority signs a certificate that he has not been maltreated or otherwise
harmed or coerced during the period of his detention.

4) A prisoner or detainee who is granted temporary/conditional release

signs a certificate that he complies with all the conditions of the release and
that violation of such conditions subjects him to further detention. He may be
recalled for further investigation anytime as circumstances may warrant .
M
5) A detainee placed under "house arrest is provided with adequate
guards. He/she is not allowed to leave his/her residence without the
permission from the competent authority who placed him/her under "house
arrest-.

r. Leaves/Passes - are allowed to officers on emergency cases only with

written authority of the CSAFP or the Major Service Commanders for Officers
assigned with the Major Service. Passes for enlisted personnel are authOrized
by TDCS/J1 or their counterparts in the Major Services. The CSAFP/Major
Service Commander indicates in the passes whether or not escorts are
provided. For purposes of this sub-paragraph the term -emergency" refers to
death or illness of the spouse or a relative within the second degree or
consanguinity or affinity. A detainee is allowed a pass or leave if his wife is
due to give birth. The following conditions are strictly observed by the
prisoner or detainee on pass:

1) He/she must not allow himselffherself to be interviewed by the

media.

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2) He/she must make hislher whereaboutslactivilies known to the

CSAFP/Major Service Commander or their designated representatives, and

3) He/she should not engage in any activity inimical to the AFP and to
the country in general, or violate laws, rules and regulations while on
passlleave.

2. As stated in RA Nr 7438, Subject: Custodial Investigation, includes the

practice of issuing an "invitation" to a person who is investigated in connection
with an offense he is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law.

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ANNEXA
GLOSSARY

Acronyms and Abbreviations

AFP Armed Forces of the Philippines

AFPAC Armed Forces, Pacific
AFPHRO Armed Forces of the Philippines Human Rights
Office
AFPWESPAC Armed Forces of the Philippines Western Pacific
AFPSIC Armed Forces of the Philippines Spedal
Investigation Committee
AFPWSSU Armed Forces of the Philippines Wide Support and
Separate Unit
AW Articles of War
AWOL Absence Without Official Leave
A1 Assistant Chief of Air Staff for Personnel, A 1

BSG Battalion Securily Group

CAD Called-to-Active-Outy
CEMCOM Central Mindanao Command
CHR Commission on Human Rights
CG Commanding General
CI Counterintelligence
CO Commanding Officer
COA Commission on Audit
CSAFP Chief of Staff, Armed Forces of the Philippines
CSO Civil Society Organization

DND Department of National Defense

DOJ Department of Justice

ESe Efficiency and Separation Board

ETA Estimated Time of Arrival
ETAD Extension of Tour of Active Duty

FMS Foreign Military Sales

G1 Assistant Chief of Staff for Personnel. G1

GCM General Court Martial
GHQ General Headquarters
GHQ& HSC General Headquarters and Headquarters Service
Command
GO General Order

HR Human Rights

IGS Inspedor General Service

INGO Intemational Non-Government Organizations

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IR Investigative Report

J1 Deputy Chief of Staff for Personnel, J1

LOD line of Duty

MPC Military Police Command

MP Military Police
MPBn Military Police Battalion

NCO Non-Commissioned Officer

NCOIC Non-Commissioned Officer-ln· Charge
NGO Non-Government Organization
N1 Asst Chief of Naval Staff for Personnel, N1

OTOCS Office of The Deputy Chief of Staff

OESPA Office of the Ethical Standards and Public
Accountability
OPR Office of Primary Responsibility
OTJAG Office of The Judge Advocate General
OTPMG Office of The Provost Marshal General

PA Philippine Army
PC Philippine Constabulary
PNP Philippine National Police
PM Provost Marshal
PMlMP Provost MarshallMilitary Police
PMG Provost Marshal General
PMGS Provost Marshal General Section
PO Private Organization

RA Republic Act

SA Subsistence Allowance
SAlN Statement of Assets, liabilities and Networth
SND Secretary of National Defense
SOP Standard Operating Procedure
SOWESCOM South Western Command

TOCS The Deputy Chief of Staff

TOE Table of Organization and Equipment

UC Unified Command
US Unrted States
USAFFE United States Anny Forces in the Far East

VIP Very Important Person

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 RESTRICTED

Definition of Terms

Accused - Any military personnel who are charged with a specific

offense.

Accuser - Any person subject to military law who initiates and signs
charges and specifications under oath stating that either he has personal
knowledge or has investigated, the matters set forth herein and that the same
are true in fact, to the best of his knowledge and belief.

Arrest in Quarters - Restriction imposed by competent authorities

limiting the freedom of movement of an accused to his place of abode during
the pendency of a case.

Charges - The formal written accusation against a person charged of

an offense.

Class "EtJ Allotment - A definite portion of the pay of an officer or

enlisted personnel in the active service of the AFP which is authorized to be
paid by his dependent(s).

Command Responsibility - The accountability or responsibil~y or

answerability of the commanders of military forces or units for the acts of their
personnel, inclusive of the authority to order, to direct, to prevent or control
the acts of the latter.

Commanders - The term refers to the following : Major Service

Commanders, Area Commander, Division Commanders, Brigade
Commanders, Battalion Commanders, Company Commanders, Platoon
Leaders and Detachment Commanders and their equivalent in the PN, PAF
and AFPWSSUSs.

Commitment Order - An order issued by competent authority for the

detention of a person charged with a crime of offense punishable under the
Artides of War.

Conduct Unbecoming - Any action or behavior of officers in their

offices or in their private capacity , which brings dishonor or disgrace either 10
their positions as officers or to themselves.

Confinement - The restridion of freedom of movement induding the

curtailment of certain privileges as determined by competent authority.

Custodial InvestJgation - Indudes the practice of issuing invitations

to persons who are investigated in connedion with an offense that they are
suspected of having committed , without prejudice to the liability of the
investigating officer for any violation of law.

Dependents - The lawful wife or husband. unmarried children,

dependent father or mother or such other dependents, who may have been

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 RESTRICTED

designated in the official records of the Adjutant General, AFP or the Major
Service concerned.

Detainee - Any person who is under detention or placed in

confinement by the military authorities pursuant to AW70 while under
investigation for a crime or offense and/or citizen 's arrest under the Rules of
Court, Penal and Special Laws.

Dropped Case - The disposition laid down by an investigating officer

of a complaint filed before it and declaring the same as dropped because of,
but not limited to the following instances: (1) lack of jurisdiction; (2) lack of
sufficient evidence; (3) charges are unfounded or lacking in legal basis: (4)
the case is clearly resolved ; and , (5) the case is moot and academic.

Escort - A close·;n security or accompanying guard, either in military

or civilian clothes, who secures any individual who is a prisoner, under
detention, or in confinement by military authorities.

Forum Shopping - Defined as an act of a party, against whom an

adverse judgment of order has been rendered in one forum , of seeking and
possibly getting a favorable opinion in another forum , other than by appeal or
special civic action for certiorari. It may also be the institution of two or more
actions or proceedings grounded on the same cause on the supposition that
one or the other court would make a favorable disposition .

Immediate Member of the Family - Includes husband or wife, fiancee

or fiance , parent or child, brother or Sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.

Minor Offense - An offense may be considered as "minor" depending

on its nature, the time and place of its commission, the persons committing it
and other circumstances surrounding its commission. The term includes
derelictions not involving moral turpitude or any greater degree of criminality
than is involved in the average offense tried by summary court-martial.

Mutiny - A concerted insubordination or concerted opposition,

defiance of, or resistance to lawful military authority by two or more persons
subject to such authority, with the intent to usurp , subvert, or override such
authority or neutralize it for the time being.

Pending Case - For all intents and purposes, an administrative case is

considered pending when: (1) a criminal case has been filed before any court
of law or General Court Martial; (2) an administrative case has been filed
before the Efficiency and Separation Board ; and, (3) a case is under
investigation pursuant to Circular Number 17, GHQ AFP dated 02 October
1987, Subject: In the Case of an Enlisted Personnel.

Prisoner - Any prison who is under the phYSical custody of tile military
authorities while undergoing trial before or serving sentence by virtue of a final
judgment by any civil or military court.

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 RESTRICTED

Release - The discharge of the prisoner or detainee from custody or

confinement.

Resolved Ca.e - A case that has been decided by competent

authority.

Sedition - A form of resistance to the civil power demonstrated by not

or aggravated disorder, likely not against military superior.

Withdrawal - The authorized temporary release from a place of

confinement for the purpose of investigation, interrogation or hearing.

Writ -In law, a written order issued in the name of the sovereign or the
state in connection with a judicial or an administrative proceeding; usually
requires the person to whom the command is issued to report at a fixed time
(the return day) with proof or compliance or a jurisdiction for disobedience.

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 RESTRICTED

Intentionally Blank
 RESTRICTED

ANNEX B
REFERENCES

The preparation and finalization of the AFP Provost Marshal Manual (AFPM
1-11) was based on the following references:

AFP Circular Number 17 dated 02 October 1986, Administrative Discharge

Prior to ETE;

AFP Circular Number 1 dated 28 April 1987, Monthly/Weekly/Daily

Reports of Prisoners/Detainees;

AGPCR2-44-99, Delineation of Functions of the IGS, OESPA, Provost

Marshal and Judge Advocate General Service in the AFP dated 30
September 1999;

Air Provost Marshal Investigation Handbook fe In vestigation, Procedures

and other Directives dated 16 Odober 2003;

Commonwealth Act Number 1 (National Defense Act of 1935)

Commonwealth Act Number 408 otherwise known as the Ph ilippine

Articles of War;

Delineation of Fundion of IGS, OESPA, PM and JAGS in the AFP dtd 30

September 1999:

Department of Justice Circular Number 61 dated 21 September 1999,

New Rules on Inquest;

Staff Memo Nr 03 dated 01 December 2010, General and Specific

Functions and Organization of the OTPMG;

SOP Number 1 dated 26 March 1993 fe Disposition of Anonymous

Complaints/Reports;

SOP Number 2 dated 02 November 1987 re Handling and Disposition of

Personnel Apprehended , Arrested andlor Confined Under AW 70
and Existing AFP Regulations ;

OTAGlPCRD Letter Directives Nr 16 dated January 2008 Subject: AFP

Actions on AWOL Cases; and ,

AGPCR2 SOP Nr 9 dated 16 October 2003 Enhanced AFP Grievance

System.

RES T RIC TED B-1

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Intentionally Blank

6-2 RESTRICTED
 RESTRICTED

ANNEXC
RECORD OF CHANGES

By Whom enlered
Identification of Change or Date (Signalure, Rank, Grade,
Correction and Reg Nr. (If any) Entered Name or Rate, Name of
Command)

RESTR I CTED C-1

 RESTRICTED

Intentionally Blank

C-2 RESTRICTED
 RESTRICTED

ANNEX 0
RECOMMENDATION FOR CHANGES

(Originating Agency)

(Date)

Subject: Recommendation for Changes

To: Chief, AFPDDC

Camp General Emilio Aguinaldo, Quezon City

The following recommendation is submiHed for improvement of _ _

(short title)

(long litle) (page)

Article Pars. No. Line Sentence

Figure No.

Comment:

Recommendation:

(Signature of CO)

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 RESTRICTED

Intentionally Blank

D-2 RESTRICTED
 RESTRICTED

ANNEX E
Punitive - Articles of War

Article 54 . Fraudulent Enlistment

Article 55. Officer Making Unlawful Enlistment
Article 56. False Muster
Article 57. False Returns - Omission to Render Returns
Article 58. Certain Acts to Constitute Desertion
Article 59. Desertion
Article 60. Advising or Aiding Another to Desert
Article 61 . Entertaining a Deserter
Article 62. Absence Without Leave
Article 63. Disrespect Toward the PreSident, Vice PreSident, Congress of the
Philippines, or Secretary of National Defense
Article 64. Disrespect Toward Superior Officer
Article 65. Assaulting or Willfully Disobeying Superior Officer
Article 66. Insubordinate Conduct Toward Non-Commissioned Officer
Article 67. Mutiny or Sedition
Article 68. Failure to Suppress Mutiny or Sedition
Article 69. Quarrels; Frays; Disorders
Article 70. Arrest and Confinement
Article 72. Refusal to Receive and Keep Prisoners
Article 73. Report of Prisoner Received
Article 74. Releasing Prisoner W~hout Proper AuthOrity
Article 75. Delivery of Offenders to Civil Authorities
Article 76. Misbehavior Before the Enemy
Article 77. Subordinates Compelling Commander to Surrender
Article 78. Improper Use of Countersign
Article 79. Forcing a Safeguard
Article 80. Captured Property to be Secured for Public Service
Article 81 . Dealing in Captured or Abandoned Property
Article 82. Relieving , Corresponding With , or Aiding the Enemy
Article 83. Spies
Article 84. Military Property, Willful or Negligent Loss, Damage, or Wrongful
Disposition
Article 85. Waste or Unlawful Disposition of Military Property Issued to
Soldiers
ArtiCle 86. Drunk on Duty
Article 87. Misbehavior of Sentinel
Article 88. Personal Interest in Sale of Provisions
Article 88-A. Unlawfully Influencing Action of the Court
Article 89. Intimidation of Persons Bringing Provisions
Article 90. Good Order to be Maintained and Wrongs Redressed
Article 91 . Provoking Speeches or Gestures
Article 92. Dueling
Article 95 . Frauds Against the Government
Article 96. Conduct Unbecoming an Officer and Gentleman
Article 97. General Article

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Intentionally Blank

E-2 RESTRICTED
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ANNEX F
BASIS/REFERENCES FOR INVESTIGATION

1. Letter Directive Number 16. dated 20 May 2009. Subject: Amendment to

Letter Directive Number 12-2005. GHQ AFP dated 29 April;

2. Letter Direclive from CSAFP dated 13 March 2009. Subject: Policy on

Leaves & Passes of Delainees in Military Detention Facilities;

3. Letter Directive Number 09 dated 24 February 2009. Subject: Automatic

Cut-Off of Pay & Allowance of Mililary Personnel NOI Call for Another ETAD.
Not Granled SOT or Reenlisted;

4. Letter Directive from J2. dated 27 Jun 08 . Subject: Implementation of

Clearance System in the AFP;

S. Letter Directive Number 06. dated 30 January 2008. Subject: AFP Actions
on AWOL Cases;

6. Letter Directive from CSAFP dated 10 September 2007, Subject

Reminder on Document Security;

7. Letter Directive AGPCR2 19-2007 dated 05 September 2007, Subject:

Activation of The AFP Custodial Center

8. Letter Directive from TDCS, AFP dated 20 October 2004 , Subject:

Extension of Military Service after ETE for the Purpose of Compulsory
Retirement;

9. Letter Directive AGPCR2 44-99 dated 30 September 1999, Subject:

Delineation of Functions of the IGSM OESPA. PM & JAGS in the AFP;

10. Letter Directive dated 24 September 1999, Subject: Procedure 1 The

Disposition of Crime Offenses Committed by Military Personnel which are
triable either before the civil courts or before courts martial;

11 . Letter Directive from J2 dated 05 October 1998, Subject: Procedures on

the Issuance of Security Plates;

12. Letter Directive from CSAFP dated 27 December 1996, Subject:

Requisite Action Prior to Ofr Under 117;

13. Letter Directive from CSAFP dated 03 September 1996, Subject:

Collecting Agency;

14. Letter Directive from CSAFP dated 13 December 1996, Subject:

Compliance to Summonses;

1S. Letter Directive from CSAFP dated 09 October 1995, Subject: Action on
Malicious Complaints;

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 RESTRICTED

16. Letter Directive AGPCR2 77-95 dated 30 December 1995. Subject:

Indiscriminate Firing by AFP Personnel During Holiday Season;

17. Letter Directive from CSAFP dated 17 November 1995. Subject: Rules of
Engagement;

18. Letter Directive dated 27 April 92. Subject: Custodiallnvestigalion Law;

19. Letter Directive from AGPCR2 31-92. dated 10 August 1992. Subject:
Squating of AFP Military Civilian Personnel in Military
Camps/Station/Reservation;

20. Letter Directive from CSAFP dated 22 Jun 1992. Subject: Role of
Provost Marshal and Military Police;

21. Letter Directive from CSAFP dated 19 October 1989. Subject:

Attendance of Accused Before General CourtS-Martial;

22. Letter Directive dated 14 December 1989. Subject AuthOrity to Issue

Mission Order Involving Canrying of Firearms;

23. Letter Directive dated 13 September 2007. Subject: AFPRG 131-352

Three Years Ban Provision for Female Soldier;

24. Letter Directive dated 08 December 1988. Subject: Reading of Article of

War,

25. Letter Directive from CSAFP dated 04 August 1988. Subject Policy on
Solicitations of Political and/or Outside Influence for Personal Advancement
by Military Personnel;

26. Letter Directive dated 12 June 1988. Subject: Prohibilion on Use Of

Recovered Camapped Vehicles;

27. Letter Directive dated 22 March 1988. Subject: Dispatch of Unregistered

Military Veh icles;

28. Letter Directive dated 22 January 1987. Subject: Prohibition in the use of
Painted Vehicles and other Violations;

29. Letter Directive from CSAFP dated 11 June 1987. Subject: AFP Anti-
Graft and Corrupt Practices Action Plan;

30. Letter Directive dated 17 October 1986. Subject: Guidelines Relative to

Criminal Cases Involving Political DetaineesJPrisoners;

31. Letter Directive dated 15 March 1986. Subject: AFP Campaign Against
lose and Authorized Firearms;

F-2 RESTRICTED
 RESTRICTED

32. Letter Directive from CSAFP dated 30 November 1964, Subject: Watch
LisVOn AWOUDesertion Cases;

33. Letter Directive dated 24 November 1984, Subject: Separationl

Discharged of Military Personnel For Crimes/Offense Committed Not in the
Performance of Duty;

34. Letter Directive dated 19 December 1974, Subject: Delinquency Report;

35. Letter Directive dated 13 October 1972, Subject: Joint Military Police
Patrol;

36. Staff Memo Nr 03 dated 01 December 2010, General and SpeCific and
Organization of Ihe OTPMG;

37. Staff Memorandum Nr 10 dated 17 August 1992, Mission , Functions and

Organization of the Office of The Provost Marshal General, AFP;

38. Cir Nr 03, dated 17 May 2000, Class "E" Allotmenl;

39. Cir Nr 3, dated 25 July 1996, Provost Marshal Function and Mililary
Police Activities;

40. Cir Nr 14 dated 13 September 1993, Spot Check Inspection of Vehicles;

41. Dept Cir Nr 47 dated 21 February 1969, Discharged or Separation by

Admin Action of Regular Officers & Reserve Officers on Extended Tour of
Active Duty;

42. Cir Nr 19 dated 06 October 1967, Unit Punishment Book;

43. Cir Nr 17 daled 02 October 1967, Administrative Discharged Prior to

Expiration OfTerm of Enlistment;

44. Cir Nr 7 dated 13 December 1966, AFP Safety Program;

45. SOP Nr 11 dated 20 June 2006, Proponent Advice for AFP Doctrine
Manual Development

46. SOP Nr 09 dated 06 June 2008, Guidelines in the Selection and

Termination of Officers to be ASSigned, Transferred and Detailed to Provost
Marshal Offices/Units;

47. SOP Nr 07 dated 07 November 2007, Rules and Regulation Governing

the Administration of Prisoners and Delainees at the AFP Cuslodial and
Detention Center (AFPCDC)

46. SOP Nr 12, dated 03 November 2006, Handling and Dispos~ion of

Personnel Apprehended, Arrested, Confined Under Custodial Investigation
PUR to Existing Laws, AFP Regulation and AW 70;

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 RESTRICTED

49. SOP Nr 9. dated 16 October 2003. Enhanced AFP Grievance System;

SO. SOP Nr 1 dated 16 January 2001 , Revised Performance Evaluation

System for AFP Civilian Personnel;

51 . SOP Nr 1, dated 26 March 1993, Disposition of Anonymous

Complaints/Reports;

52, SOP Nr 12 dated 21 August 1991, Arrest, Ra id, Search and Seizure;

53. SOP Nr 2 dated 02 November 1987, Handling & Disposition of Persons

Apprehended, Arresled andlor Confined Under AW & Existing AFP
Regulations;

54, SOP Nr 1 Dated 10 January 1983, Security Measures in the Handling of

Detainees;

55. Republic Act Nr 9745, Finalizing Torture and Other Cruel, Inhuman and
Degrading Treatment or Punishment and Prescribing Penalties (27 July
2009);

56. Pers Dir Nr 04 dated 26 August 2008, Policies, GuidelineS/Procedures in

the DispoSition of Rape, Sexual Harassment and Other Sexually Related in
the AFP;

57. Disciplinary Power of AFP Commanding Officers AW 105 and Manual of

Court- Marshal AFP;

58. Republic Act Nr 9262, Violence Against Women and their Children ;

59. Search Warrant Format Arrest, Raid, Search and Seizure;

60. AFP Personnel Dir Nr 9, dated 30 September 1989, Re Monthly Report

of Cases of Military Personnel;

61 . AFPRG 131-472 dated 06 Ap ril 1995, Military Discipline and Welfare

Apprehension of Absentee Without Leave & Deserters ;

62. AFPRG 131-091 dated 21 January 1954, Arrest and Confinement;

63. AFP Regulations G-131-143, dated 12 June 1959, Re Military Discipline

and Welfare Restraint of Accused Persons;

64. Executive Order Nr 337 dated 13 September 1988, Discharged or

Separation by Admin Action of Officer of the Regular Officer & Reserve
Officer on ETAD in the AFP;

F-4 RESTRICTED
 RESTRICTED

65. Personnel Dir Nr 04 dated 26 August 2008 . Policies. Guidelines and

Procedure in the Disposition of Rape. Sexual Harassment and Other Sexual
Related Cases in the AFP;

66. Personnel Dir Nr 02. Guidelines in the Disposition Related Offenses of

AFP Personnel;

67. Administrative Order No. 197 dated 25 September 2007 signed by Pres
Gloria M Arroyo;

68. Rules and Procedures in Handling Administrative Cases Against Civilian

Personnel in the AFP;

69. AFPRG 131-162 dated 06 November 1987. Subject: Deceased

Personnel;

70. AFPRG 111 -252 dated 22 October 1987. Subject: Casualty Report;

71. Republic Act Nr 6713 dated 25 July 1988. Code & Ethical Standard for
Public Official and Employment;

72. Presidential December Nr. 1638. New System of Retirement and

Separation for Military Personnel of the AFP and other purposes;

73. KTR Dir dated 06 May 1988. Subject: Illegal transfer of Government
Plates to other Vehicles;

74. Executive Order Nr 546 dated 14 July 2006. directing PNP to undertake
support to AFP Internal Security Operation for Suppression of Insurgency;

75. Letter of Instruction Nr 1. dated 19 December 1989. creation of the AFP

special Investigation Committee;

76. Republic Act Nr 9372. an Act to Secure the State and Protect our People
from Terrorism; and.

77. Letter Directive Nr 24 , dated 12 August 2009, Policy on the

Implementation of AFP Legal Offensive

78. The Revised Penal Code

a. Title One - Felonies and Circumstances which Affect Criminal Liability

1) Chapter 1 - Felonies

2) Chapter 2 - Justifying Circumstances and Circumstances which

exempt from Criminal Liabilities

3) Chapter 3 - Circumstances which Mitigate Criminal Liability

RESTRICTED F-5
 RESTRICTED

4} Chapter 4 - Alternative Circumstances

b. Title Two - Persons Criminally Liable for Felonies

c. Title Three - Penalties

1} Chapter 1 - Penalties in General

2} Chapter 2 - Classification of Penalties

3} Chapter 3 - Duration and Effect of Penalties

a) Section 1 - Duration of Penalties

b) Section 2 Effects of Penalties according to their respective
nature
c) Section 3 Penalties in which other accessory penalties are
inherent

4} Chapter 4 - Application of Penalties

a} Section 1 - Rules for the application of penalties to the persons

criminally liable and for the graduation of the same
b) Section 2 - Rules for tile application of pena~ies which regard to
the mitigating and aggravating circumstances, and habitual delinquency
c) Section 3 - Provisions common in the last two preceding
sections

5} Chapter 5 - Execution and Services of Penalties

a} Seclion 1 - General Provisions

b) Section 2 - Execution of Principal Penalties

a. Title Four - Extinction of Criminal Liability

1} Chapter 1 - Total Extinction of Criminal Liability

2) Chapter 2 - Partial Extinction of Criminal Liability

b. Title Five - Civil liability

1} Chapter 1 - Persons Civilly Liable for Felonies

2} Chapter 2 - What Civil Liability Includes
3} Chapter 3 - Extinction and Survival of Civil Liability

79. Book Two: Crimes and Penalties

a. Tille One - Crimes Against National Security and the Law Nations

1} Section 1 - Treason and Espionage

2} Seclion 2 - Provoking war and disloyalty in case of war.
3} Section 3 - Piracy and Mutiny on tile high seas or in Philippine

F-6 RESTRICTED
 RESTRICTED

b. Title Two - Crimes Against Fundamental Law of tile State

Chapter 1 - Arbitrary Detention or Expulsion, Violation of Dwelling,

Prohibition , Intemuption, and Dissolution of Peaceful Meeting and Crimes
Against Religious Worsh ip

1) Section 1 - Arbitrary Detention and Explosion

2) Section 2 - Violation of Domicile
3) Section 3 - Prohibition, Interruption, and dissolution of peaceful
meetings
4) Section 4 - Crimes against religious worship

C. Title Three - Crimes Against Public Order

1) Chapter 1 - Rebellion , Coup d'tat, Sedition, and Disloyalty

2) Chapter 2 - Crimes Against Popular Representation

a) Section 1 - Crime Aga inst Legislative bodies and Similar bodies

b) Section 2 - Violation of parliamentary immunity

3) Chapter 3 - Illegal Assemblies and Association

4) Chapter 4 - Assault upon, and Resistance and Disobedience to

Persons in Authority and tIleir Agents

5) Chapter 5 - Public Disorders

6) Chapter 6 - Evasion of Service of Sentences

7) Chapter 7 - Commission of Another Crime During Service of

Penalty Imposed for Another Previous Offense

d. Title Four - Crimes Against Public Interest

1) Chapter 1 - Forgeries

a) Section 1 - Forging the seal of the Govemment of the Philippine

Islands, the signature or stamp of the Chief Executive

b) Section 2 - Counterfeiting coins

c) Section 3 - Forging treasury or bank notes, obligations and

securities

d) Section 4 - Falsification of legislative, public, commercial, and

private documents and wireless, telegraph and telephone messages

RESTRICTED F-7
 RESTRICTED

e) Section 5 - Falsification of medical certificates, certificates of

merit or service and the like

f) Section 6 - Manufacturing, importing and possession of

instruments or implements intended for the commission of falsification

2) Chapter 2 - Other Falsnies

a) Section 1 - Usurpation of authority, rank, uniforms and insignia

b) Section 2 - False Testimony

3) Chapter 3 - Frauds.

a) Section 1 - Machinations, monopolies and combinations

b) Section 2 - Frauds in commerce and industry

e. Title Five - Crimes Relative to Opium and Other Prohibited Drugs

f. Title Six - Crimes Against Public Morals

1) Chapter 1 - Gambling and Betting

2) Chapter 2 - Offense Against Decency and Good Customs

g. Title Seven - Crimes Committed By Public Officers

1) Chapter 1 - Preliminary Provisions

2) Chapter 2 - Ma~easance and Misfeasance in Office
3) Chapter 3 - Frauds and Illegal Exactions and Transactions
4) Chapter 4 - Malversation of Public Funds or Property
5) Chapter 5 - Infidelity of Public Officers

a) Section 1 - Infidelity in the custody of prisoners

b) Section 2 - Infidelity in the custody of documents
c) Section 3 - Revelation of secrets

6) Chapter 6 - Other Offenses or Irregularities by Public Officers

a) Section 1 Disobedience, refusal of assistance and

maltreatment of prisoners
b) Section 2 - Anticipation, prolongation and abandonment of the
duties and powers of public office
c) Section 3 - Usurpation of powers and unlawful appointments
d) Section 4 - Abuses against chastity

h. Title Eight - Crimes Against Persons

1) Chapter 1 - Destruction of Life

a) Section 1 - Parricide, Murder, Homicide

b) Section 2 - Infanticide and abortion

F-8 RESTRICTED
 RESTRICTED

c) Section 3 - Duel

2) Chapter 2 - Physical Injuries

3) Chapter 3 - Rape

I. Title Nine - Crimes Against Personal Liberty And Security

1) Chapter 1 - Crimes Against Liberty

a) Section 1 - Illegal detention

b) Section 2 - Kidnapping of minors
c) Section 3 - Slavery and Servitude

2) Chapter 2 - Crimes Against Security

a) Section 1- Abandonment of helpless person and exploitation

of minors.
b) Section 2 - Trespass to dwelling
c) Section 3 - Threats and coercion

3) Chapter 3 - Discovery and Revelation of Secrets

j. Title Ten - Crimes Against Property

1) Chapter 1 - Robbery in General

a) Section 1 - Robbery with violence against or intimidation of

persons
b) Section 2 - Robbery by the use of force upon things

3) Chapter 2 - Brigandage
4) Chapter 3 - Theft
5) Chapter 4 - Usurpation
6) Chapter 5 - Culpable Insolvency
7) Chapter 6 - S"';ndling and Other Deceits
8) Chapter 7 - Chattel Mortgage
9) Chapter 8 - Arson and Other Crimes Involving Destructions
10) Chapter 9 - Malicious Mischief
11) Chapter 10 - Exemption from Criminal Liability in Crimes Against
Property

k. Title Eleven - Crimes Against Chastity

1) Chapter 1 - Adultery and Concubinage

2) Chapter 2 - Rape and Acts of Lasciviousness
3) Chapter 3 - Seduction, Corruption of Minors, and White Slave Trade
4) Chapter 4 - Abduction
5) Chapter 5 - Provisions Relative to the Preceding Chapters of Title
Eleven

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 RESTRICTED

I. Title Twelve - Crimes Against The Civil Status of Persons

1) Chapter 1 - Simulation of Births and Usurpation of Civil Status

2) Chapter 2 - Illegal Marriages

m. TiVe Thirteen - Crimes Against Honor

1) Chapter 1 - Libel

a) Section 1 - Definition, forms and punishment of this crime

b) Section 2 - General Provisions

2) Chapter 2 - Incriminatory Machinations

n. Title Fourteen - Quasi-Offenses

1) Sole Chapter - Criminal Negligence

o. TiVe Fifteen - Final Provisions

80. Appendices

a. Indeterminate Sentences Law (RA. No. 4103 , as amended);

b. Probation Law of 1976 (P.D. No. 968 as amended);
C. Act Providing for Enforcement of Conditions of Pardon (Act No. 1525);
d. Act Establishing Prescription Periods for violations of Special laws and
Municipal Ordinances (Act No. 3326, as amended):
e. Decree Providing for rewards and Incentives to Govemment Witnesses
and Informants (P.D. No. 1731);
f. Decree Providing Immunity from Criminal Prosecution to Government
Witnesses (P.D. No. 1732):
g. Witness Protection, Security and Benefit Act (RA. No. 6981) :
h. Decree Penalizing Obstruction of Apprehension and Prosecution of
Criminal Offenders (P.D. No. 1829):
i. Anti-Wire Tapping Act (RA. No. 4200);
j. Act Defining certain Rights of Persons Arrested , Detained or Under
Custodial Investigation (RA. NO. 7438):
k. The Child and Youth Welfare Code (P .O. No. 603 as amended) ;
I. Special Protection of Children against Child Abuse, Exploitation and
Discrimination Act (RA. No. 7610) as amended :
m. Anti-Trafficking in Persons Act of 2003 (RA. No. 9208);
n. Anli-Violence Against Woman and Their Children Act of 2004 (RA. No.
9262):
o. Act Prohibiting the Imposition of Death Penalty in the Philippines (RA.
No. 9346):
p. Espionage law (C.A. No. 616);
q. Philippine Extradition Law (P.D. No. 1096);
r. Act of Increasing the Penalties for Illegal Number Games (RA. No.
9287):
s. Anti-Graft and Corrupt Practices Act (RA. No. 3019, as amended) :

F-10 RESTRICTED
 RESTRICTED

I. Code of Conduct and Ethical Slandards for Public Officials and

Employees (RA. No. 6713, as amended);
u. Anti-Plunder Act (RA No. 7080, as amended);
v. Act Declaring Forfeiture of lIIijotten Wealth of Public Officers and
Employees (RA. No. 1379);
w. Act Punishing Ihe Receiving and Giving Of Gifts of PubliC Officials and
Employees (P.O. No. 46);
x. Anti-Sexual Harassment Act of 1995 (RA. No. 7877) ;
y. Anti-Hazing Law (R.A. No. 8049);
z. Anti-Fencing Law of 1979 (P.O. No. 1612);
aa. Anti-Carnapping Act of 1972 (RA. No. 6539) ;
bb. Anti-Hijacking Law (RA. No. 6235) ;
ee. Anti-Piracy and Anti-Highway Robbery Law of 1974 (p.o. No. 532);
dd. Anti-Cattle Rustling Law of 1974 (P.O. No. 533);
ee. Anti-Electricity and Electric Transmission lines/Materials Pilferage
Act of 1994 (RA. No.7832, as amended);
ft. Bouncing Checks Law (B.P. Blg.22)
1) Administrative Circular No. 12-2000 re : Penalty for Violation of B.P.
Big 22.
2) Admin istrative Circular No. 13-2001 Clarification of Administrative
Circular No.12-2000;
gg. Decree Increasing the Penalty for Certain Forms of Estafa (P.O. No.
1689);
hh. Penal Provisions of Intellectual Property Code (RA. No. 8293) ;
ii. Definition and Penalty for Illegal Recruitment under the Migrant by
Workers and Overseas Filipinos Act of 1995 (RA. No. 8042);
jj. Decree Prescribing Heavy Penalty for Theft by Employees and
Laborers (P.O. No. 133);
kk. Act Prohibiting the Demand of Deposits or Advance Payments for the
Confinement or Treatment of Patients in Hospitals and Medical Clinics in
Certain Cases (B.P. Big. 702, as amended by RA No. 8344) ;
II. Decree codifying the Laws on Illegal/Unlawful PosseSSion,
Manufacture, Dealing in, Acquisition or Disposition of Firearms. Ammunition
or Explosives (P.O. No. 1866, as amended by RANo. 8294) ;
mm. The Comprehensive Dangerous Drugs Act of 2002 (RA. No. 9165);
nn. Special Law on Counterfeit Drugs (RA. No. 8203) ;
00. Penal Provisions of the Philippine Passport Act of 1996 (RA No.
8239);
pp. Access Devices Regulations Act (RA. No. 8484);
qq. Art Forgery Act 2001 (RA. No. 9105);
rr. Anti-Money Laundering Act of 2001 (RA. No. 9160, as amended by
RA. No. 9194);
55. Chain Saw Act of 2002 (RA. No. 9175) ;
It. Human Security Act of 2002 (RA. No. 9372) ;
UU. Administrative Circular No. 08-2008;
vv. Juvenile Justice and Welfare Act of 2006 (RA No. 9344);
ww. Rule on Juveniles in Conflict with the Law (A.M. No. 02-1-18-SC);
xx. Anti-torture Act of 2009 (RA. No. 9745) ;
yy. Anti -Child Pornography Act of 2009 (RA No.9775)

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 RESTRICTED

zz. Philippine Act on Crimes Against International Humanitarian Law,

Genocide, and Other Crimes Against Humanity (R.A. No. 9851);
aaa. Motorcycle Helmet Act of 2009 (R.A. No. 10054);
bbb. Anti-Cameording Aet of 2010 IR.A. No. 10088); and,
eee. Anti-Photo and Video Voyeurism Aet of 2009 IR.A. No. 99950).

F-12 RESTRICTED
 RESTRICTED

ANNEXG
DELINEATION OF FUNCTIONS

1. Provost Marshal (PM). The Provost Marshal oversees the maintenance

of order and discipline in military installations and the enforcement of laws.
regulations and safety programs in the AFP. He effects the arrest and
invesligation of offenders/violalors of AFP rules and regulations for
appropriate disposition; issues alarm for the apprehension of personnel
declared absentees as well as alert and hold orders; maintains and operates
complaint-processing offices and detention facilities; investigates complalnts
involving administrative offenses against person and property. especially
human rights violations, vehicular accidents, traffic violations, disturbance of
peace and public order. individual violations of laws and regulations, and
complaints against personnel for misbehavior/misconduct; and , assists judicial
authorities in the enforcement of warrants of arrest, subpoena. and other court
processes. The Provost Marshal also maintains, manages and operates the
centralized Discipline. Law and Order (DLO) clearance system.

2. Inspector General Service (IGS). The Inspector General Service

conducts inquiries and makes corresponding reports on matters pertaining to
performance of mission. state of discipline, efficiency and economy of
command, installations and Operational Readiness, Security Inspection . Test
and Evaluation System (ORSITES) in various services. commands/units of
the AFP. He also conducts researches, surveys and studies and assists in
the formulation of plans, policies and programs to make the AFP responsive
to changing situations and improve the management of AFP resources. Its
investigation functions include cases unearthed in the course of inspection
and those specifically directed by the Chief of Staff, AFP involving
irregularities in any transaction , gross violation of policies, directives,
procedures, breach of discipline, inefficiency/incompetence, mismanagement
of resources and tarnishing the good name, prestige and integrity of the AFP.

3. Office of Ethical Standards and Public Accountability (OESPA). The

Office of Ethical Standards and Public Accountability ensures the
implementation of the AFP Code of Ethics especially its integration,
internalization and institutionalization. Pursues a continuous organizational
development process to suit AFP's ultimate vision to eradicate graft and
corruption in the military establishment; conducts continuous education and
information dissemination program towards the professionalization of the
AFP; COllects. compiles and analyzes all sworn Statements of Assets,
Liabilities and Networth (SALN) of military personnel and civilian employees of
the AFP; and, receives complaints/reports and conducts overt/covert
investigation on violations by military and civilian personnel of the RA 6713
(Code of Conduct & Ethical Standards for Public Officials and Employees),
RA 3019 (The Anti-Graft and Corrupt Practices Act), RA 1379 (Law on
Forfeiture of Unlawfully Acquired Property), crimes committed by Public
Officers as defined in the Revised Penal Code and AW 95 (Fraud Against the
Government with regard to Active Military Personnel) .

REST R I CT ED G-1
 RESTRICTED

4. Judge Advocate General Service (JAGS). The Judge Advocate General

Service conducts preliminary investigation of complaints as directed by the
CSAFP and Major Service/ AFPWSSUs Commanders; conducts pre·trial
investigation on complaints recommended by AFP investigating agencies;
files criminal and/or administrative cases against active military/civilian
personnel before the civil court or any quasi·judicial agencies, General Court
Martial (GCM) or Efficiency and Separation Board (ESB), ~ evidence
warrants; files cases against retired AFP personnel who incur property/money
accountability and who committed fraud against the government while in the
active service; and, provides, upon request, legal advice or opinion to AFP
investigation bodies to ensure that they work within the framework of legal
processes and procedures.

G·2 RES T R I CTED


Role Clarification : Prosecution &
Investigation Functions, Armed Forces of the Philippines
OFFICE MISSION
UNIT
To pursue AFP 's commitment
OESPA against graft and corruption in the
AFP by:
- enhancing professionalism
- promoting honesty and integrity
- instilling ethical standards
- inculcating a strong sense of
accountability of military and civilian
personnel of the AFP
To undertake an efficient and
OJI effective utilization of human
(DLO/ resources in the AFP by:
ESB)
- implementing an aggressive and
attractive recruitment and career
development program
- provid ing adequate morale and
Welfare services; and
- Imposing a jusl and equitable
system of punishment and rewards
for the soldiers in order to attain a
truly Professionalized AFP.
RESTRICTED
ANNEXH
KEY RESULT AREAS PERFORMANCE
INDICATORS
INTEGRITY PROMOTION
.:. Code Formu lation
.:. Code of Implementation
GRAFT PREVENTION
.:. Climatic/Culture Bldg
.:. Org Dev/Renewal
GRAFT PROSECUTION
.:. SALN Intelligence
.:. Graft Investigation
.:. Legal Action
.:. Prepares recommendations on the
appropriate mode/character of
discharge of military personnel
separated for misconduct in
accordance with GHQ AFP Cir 17 s-
87.
.:. Prepares recommendation for
separation/p unishment of military
personnel under Articles of Wars 117/
109/ t05.
.:. Prepares resolution for misconduct.
.:. Implemenls policies and
regula lions on ali matters pertaining 10
discipline and militarv ius lice such as --- - _.
RESTRICTED H-l
 RESTRICTED

those affecting investigations, inquiries I

and trials of criminal and
administrative cases .
•:. Implements policies on military
affairs such as lOD status, pay and
allowances of military personnel with
pending cases in military or civilian
authority litigation , claims and other
similar/related matters .
OTIG To inquire into and report on •:. Investigation
matters pertaining to the mission .:. Research and Tra ining
performance, the state of morale
and discipline and the efficiency
and economy in the utilization of
resources in the Armed Forces of
the Philippines. and to make such
inspection , investigation and reports
as may be prescribed by law, AFP
Regulation and Circulars or as may
be directed by the Chief of Staff,
AFP or by the Secretary of National
Defense
OTPMG To instill military discipline among .:. Operation and Policy
all personnel of the AFP in order to .:. Intelligence & Investigation
attain a lawful environment through .:. Motor Vehicle Reg istration
the promulgation and enforcement .:. And Insurance
of laws, rules and regulations .:. Tra ining of all PMIMPs
responsive to the overall objective .:. Para legal Services
of the AFP. .:. Military Justice
-:. Law Enforcement of
.:. Discipline
.:. Base Security

H-2 RESTRICTED
 RESTR I CTED

.:. Prosecution
JAGO To render legal advice and .:. Military Affairs
assistance to the CSAFP and the .:. Military Justice
SND on matters concern ing AFP- .:- Claims Division
Wide plans and policies , the .:. Prosecution/Professional
interprelations of laws and .:. Legal Services
regulations of general applica tion to .:. AFP Board of Review
the AF P, drafting and legal .:. Human Rights and Amnesty
sufficiency of bills, executive orders
and contracts as maybe requ ired by
the AFP and legal status
(appointment, promotion, pay &
allowances and retirement) of
military personnel in separa te units
directlY under GHQ
OJ2 To provide timely and accurate .:. Intelligence Training
information responsive to the need .:. Intel Personal Utilization
of the AF P .:. Intelligence Prod/Opns
(. CI Security Services
AFPCIG To conduct counter intelligence .:. Special Operation
operations nationwide in support of .:. Security Investigation
A FP mission . .:. Security Services
.:. VI P Protection

COA To examine, audit and settle all
accounts pertaining to reven ue or
rece ipts and expenditures or uses
of government funds and property.
.:. Keep the general accounts of the
government
.:. Preserve the voucher pertaining
thereto.
.:. Promulgate accounting and
aud~ i n g rules and regulations
including those for the prevention of
irreaular, unnecessary excessive or

R E ST RI C TE D H-3

CHR
RMO To assist Ihe Deputy Chief of Staff
for CEIS, J6 by auditing , reviewing
and evaluating the proper
application, utilization and
custodian of funds and property
resources of the AFP and
, formulating necessary measures for
their effective and efficient
adm inistration in order to achieve
efficiency and accuracy in the
management of AFP resources.
H-4
RESTRICTED
extravagant expenditures or uses of
funds and property .
•:. Submit to the president and
Congress within the tie fixed by law,
an annual financial report of the
government its subdivision agencies
and instrumentalities including
government-owned or controlled
corporation and recommend
measure necessary to improve their
efficiency and effectiveness.
.:. Evaluates and receives decision
units and packages of the Major
Service as inputs to the Budget
formulation .
•:. Prepares/formu lates policy
guidance on programming. ,
.:. Prepares slaff position papers and
charts for balance mix of resources
allocation with in the basic and
intermediale levels of funding
constraints.
.:. Monitors the execution particularly
on military personnel, retired
pensioner fu nd appropriation to
include our year estimate and
projection .
•:. Monitors the budget execution of
centrally managed procurements and
FMS contracts to include our yea r
contracts commitments.
RESTRICTED
RESTRICTED

.:. Performs special audit of selected I

areas .
•:. Coordinates audit programs and
schedules of the Major Service audit
organ ization .
•:. Evaluates internal audit as well as
COA reports .
•:. Assists in the liquidation of and
designs measure to reduce fundI
property accoun tabilities .
•:. Evaluates organizational structu re
and distribution of functional
responsibility .
•:. Conducts managerial special
studies and recommends improved
manaQement support system.

R E STR I CTED H-S

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 RESTRICTED

Failure to resign from his position in the 1 ~ offense Suspension

private business enterprise with thirty 1mo, 1day -
(30) days from assumption of public 6mos
office when conftict of interest arises,
and/or failure to divest himse~ of his
shareholdings or interest in private
business enterprise within sixty (60)
days from assumption of Public office 2"" offense Dismissal
when conftict of interest arises.
Provided, however, that for those who
are already in the service and conftict of
interest arises, the official or employee
must either resign or divest himse~ of
said interest within the periods
hereinabove, proVided, reckoned from
the date when the connict of interest
had arisen,

Light Offenses

The following are light offenses with corresponding penalties:

Nature of Offense Nr of Offense Penalty

Discourtesy in the course of official duties 1 offense Reprimand
2 offense I ~uspension
1-30 days)
3' offense Dismissal
Improper or unauthorized solicitations of 1 ~ offense Reorimand
contributions from subordinate employees 2"" offense Suspension
and by teachers or school officials from I 11-30 days)
school children 3moffense Dismissal
Violation of reasonable office rules and 1" offense Reprimand
regulations 2 offense Suspension
I (1-30 days)
3'0 offense Dismissal
Frequent unauthorized tardiness 1M offense Retrimand
(I-Iabitual Tardinsss) ~tlO' offense Suspansion
I (1-30 days )
3'" offense Dismissal
Gambling prohibited by law 1 offense Reprimand
2"" offense I ~uspensi~~
1-30 days
3'" offense Dismissal
Refusal to render overtime service 1 offense Reprimand
2 offense Suspension
I (1-30 days)
3' offense Dismissal
Disaraceful, immoral or dishonest conduct 1 offense Reprimand

1-2 RESTRICTED
 RESTRICTED

ANNEX I
CLASSIFICATION OF OFFENSES UNDER CIVIL SERVICE LAW
(PD 807 and EO 292)

Less Grave Offenses

The following are less grave offenses with the corresponding penalties:

1mo, 1day -

1mo, 1day -
6mos

Gross Discourtesy
official duties 1mo, 1day -

i i
and rules of serious nature 1mo, 1day -
Smos

Insubordination i
1mo, 1day -

1day

i i
service due to party or 1mo, 1day
preference

I
assets, liabilities and net worth and 1mo, 1day -
disclosure of business interest and ~"'Ciffe~e--t~~issal-1
financial connections including those of I: offense
their spouses, and unmarried children
under eighteen years of age living

RESTRICTED 1-1
 RESTRICTED

I public transactions 3~ offense Dismissal

Engaging in privale practice of his 1 offense Reprimand
profession unless authorized by the 2'N offense Suspension
Constitution, law or regulation, provided (1 ·30 days)
that such practice will not conflict with his 3'" offense Dismissal
official functions
Pursuit of private business, vocation or 1"' offense Reprimand
profession without the permission 2~ offense Suspension
required by Civil Service rules and I (1·30 days)
regulations 3 offense Dismissal
Pursuit of private business, vocation or 1 offense Reprimand
profession without the permission 2 '~ offense Suspension
required by Civil Service rules and I (1 ·30 days)
regulations 3'" offense Dismissal

Grave Offenses

The following are grave offenses with their corresponding penalties:

Nature of Offense Nr of Offense Penalty

Dishonesty 1" offense Dismissal
Gross Neglect of Duty l s offense Dismissal
Grave Misconduct 1 ~ offense Dismissal
Being Notoriously Undesirable 1· offense Dismissal
Conviction of a crime involving Moral 1" offense Dismissal
tucoitude
Falsification of official document l ' offense Dismissal
Physical or mental incapacity or disability 1· offense Dismissal
due to Immoral or vicious habits
Engaging direclly or indirectly in partisan 1~ offense Dismissal
political activities by one holding non-
political office
Receiving for personal use of fee , gift or 1· offense Dismissal
other valuable thing in the course of
offidal duties or in connection therewith
when such fee, gift or other valuable thing
is given by any porson in the hope or
expectation of receiving a favor or better
treatment than that accorded to other
persons, or committing acts punishable
under the anti·graft laws
Contracting loans of money or other 1 offense Dismissal
property from persons with whom the
office of the employee has business
relations
Soliciting or accepting directly or indirectly 1· offense Dismissal
any gift, gratUity, favor, entertainment,
loan or anything of monetary value which
in the course of his official duties or in

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Financial and material is defined as 2 offense Dismissal

pecuniary or proprietary interest by which
a person will Qain or lose somethinQ
Owning, centrolling, managing or 1Moffense Suspension
accepting employment as officer, 6mos, 1day -
employee, consultant, ceunsel, broker, 1yr
agent, trustee or nominee in any private 2~ offense Dismissal
enterprise regulated, supervised or
licensed by his office, unless expressly
allowed by law
Disclosing or misusing cenfidential or 1~ offense Suspension
classified information Officially known to 6mos, 1day -
him by reason of his office and not made 1vr
available to tile public, to further his 2 offense Dismissal
private interests or give undue advantage
to anyone, or to prejudice tile public
interest
Recemmending any person to any 1 offense Suspension
position in a private enterprise which has 6mos, 1day-
a regular or pending official transaction 1yr
with his office, unless such
recommendation or referral is mandated 2~ offense Dismissal
by (1 ) law, or (2) international
agreements, cemmitment and obligation,
or as part of the function of his office

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ANNEX K
SAMPLE FORMAT OF INVESTIGATION REPORT

GENERAL HEADQUARTERS
ARMED FORCES OF THE PHILIPPINES
OFFICE OF THE PROVOST MARSHAL GENERAL
Camp General Emilio Aguinaldo, Quezon City

OTPMG2 Date _ _ _ _ _ __

SUBJECT: Investigation Report

(Case against - respondent's name)

TO: The Provost Marshal General, AFP

Po s t

I. AUTHORITY:

1. OTPMG Letter Directive Nr dtd _ __ (Exh-A)

II . MATTERS INVESTIGATED:

2. To determine the veracity of the complaint filed by

(complainanUs name) against (respondenUs name) for (specify specific
complainUs) on (dateltime) etc.

3. To determine any administrative (and/or criminal) liability on

the part of respondenUs.

III. BACKGROUND: (Optional)

IV. FACTS OF THE CASE:

4. This pertains to the complainVreport of (name of the

complainanUreported) against (name of respondenUs) for alleged
(offense/illegal activity) allegedly committed on (date/time) etc. The issue to
be resolved in this particular case isfare _ _ _ _ _ _ _ __

a. ComplainanUs Affidavit, StatementS/Evidences.

(1) ComplainanUs Basic ComplainUs.

(a) Affidavit of Witnesses

(1 .1) Witness Nr 1
(1 .2) Witness Nr 2
(1 .3) Witness Nr 3

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(b) Documentary Evidences, if any.

(c) Other evidences.

(2) Other complainantls, ~ any.

(a) Affidavit of witnesses

(b) Documentary Evidences, if any.

5. Respondentls Affidavit, Statementls Evidence.

a. Affidavit of witnesses

(1) Witness Nr 1
(2) Witness Nr 2
(3) Witness Nr 3

b. Documentary evidences, if any.

c. Other Evidence/s.

IV. DISCUSSION :

6. Result of confrontation/amicable settlementlnon -appearance

of the complainantls affidavit of desistance, etc. (in case of amicable
settlement, the investigator must still investigate and take the statement of the
respondent to find out whether he/she has violated any rules and regulations
of the AFP Code of Ethics, AFP, so that appropriate punishment if necessary
can be considered).

7. Investigators discussion/evaluation on the merits Of the case.

(this should be based on facts/documentary evidence/s and not on
assumptions or conjecture- cite applicable laws, authority, etc.)

V. FINDINGS/CONCLUSION:

6. Analysis of meritls Of complainantls side.

9. Ana lysis of meritls of respondentls side.

1O. ln view of the foregoing, it is concluded thal _ _ _ __

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VI. RECOMMENDATION :

11 . Recommend that _ _ _ _ _ _ _ _ __

(Investigator)

Noted by: (Optional)

(Chief, 1&1 Division)

CONCUR/NOT CONCUR:

(Provost Marshal)

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Intentionally blank

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ANNEX L
REPORTING THE STATUS OF PRISONERS OR DETAINEES

The following are the policies in reporting the status of prisoners or detainees:

a. Report showing the names, number and status of prisoners or

detainees duly categorized , shall be rendered every 15th and end of the month
by all units mainlaining detenlion of prisoner or detainees to the AFPWSSUs,
UCs, GHQ & HSC, or Major Service Commanders (Attn: CommanderlMajor
Service Provost Marshal, and CommandlMajor Service Ones) , indicating
gains and losses for the period.

b. The Major Service Commanders shall render a consolidated report of

the prisoners andlor delainees under their respective commands to the
CSAFP (Attn: The Provost Marshal General and J1 . GHQ, AFP) every 51h day
of every month.

C. Individual records of prisoners or detainees, together with all pertinent

papers of released delainees will be forwarded to CSAFP and Major Service
Commanders concerned within five (5) days after release .

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ANNEX M
SAMPLE FORMAT OF CERTIFICATION OF NON-FORUM SHOPPING

CERTIFICATION OF NON-FORUM SHOPPING

I, ' of legal age, singlelmarried ,

Filipino citizen , after having been swom in accordance with law, hereby,
depose and state that:

1, I am the complainant in a case for (Nature of Charges)

against (Name of Respondent) before the (Name of the
Investigating Office);

2. I have not therefore commence any action or filed any claim

involving the same issues against the same party in any judicial, quasi-judicial
andlor administrative agency or tribunal; and, to the best of my knowledge, no
such other action or claim is pending therein ;

3, Should I thereafter learn that the same or similar action or claim

has been filed or is pending, I shall report that fact within five (5) days
therefrom to the (Name of the Investigating Office) and move for the
dismissal of my case pending therein;

IN WITNESS WHEREOF, I have set my hand signed this

_ _ _ _ _ _ at , Philippines,

Complainant-Affiant

SUBSCRIBED AND SWORN to before me this _ day of

_ _ _ _, 20_, at _-,-,--_ _ _ _ ' Affiant exhibited to me hislher
_ _ _ _ ,10 with Nr issued at
_ _ _ _ _ _ _ on _ _ _ _,

Administering Officer

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Intentionally blank

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