Introduction

Being citizens of the Republic of the Philippines, we are

bound to observe the laws of the land such as the
Philippine Constitution, revised Penal Code and other
special laws enacted by the Congress.
However, the military as a . unique institution separate
and distinct from the civilian sectors, has its own sets of
laws, policies, rules and regulations that governs its
members. These are embodied in the Manual for Court
Martial, SOPs and Circulars implemented to discipline
its members
 SOURCES
1. Constitution of the Philippines
2. International Laws
3. Acts of the Congress
4. Authority of the President as
Commander-in-Chief
.
1. That the Court was appointed by an official
empowered to appoint it .
2. That the membership of the Court was in accordance
with law with respect to the number & competency to
sit on the Court.
3. That the Court was invested by Act of the Congress
with the power to try the person and the offense
charged.
Agencies through which Military Jurisdiction is
exercised Jurisdiction is exercised includes:

• Courts-Martial
• Commanding Officers exercising disciplinary
powers under AW 105.
• Courts of Inquiry
• Other military Tribunals:
- OTIG
- OESPA
- TPMG
 The administration of justice in the Philippines follows
four (4) components:
a. Investigation In the investigation, the concern office conducts
inquiry upon receipt of complaint against the respondents.

b. Prosecution In the prosecution, if the investigating officer

determines prima facie evidence against the respondent, he will
recommend the referral of the case before the General Court Martial or
ESB purportedly for prosecution.
c. Trial During trial, the respondent is given the opportunity
to be heard. This is the time wherein he is arraigned by
reading to him the charges or imputations against him.
He will respond by entering his plea. This is also the time
wherein he is given the opportunity to present evidence(s)
through his counsel on his behalf.

d. Judgment or decision is rendered by the court or the

board after thoroughly evaluating and scrutinizing the
testimonies, witnesses and the complainant. The decision
may be guilty or not guilty
ARREST AND CONFINEMENT
Divisions of Military Justice System
a. Punitive – are those that define offense and prescribed punishment for
violation thereof, the same being considered as penal in nature.

Punitive covers those cases that after full blown trial, the outcome of the
judgment are usually fine, hard labor, deprivation of liberty or
combination of those whenever guilt of those involved are proven beyond
reasonable doubt. These are usually higher command level matter. The
decision of GCM, if convicted must be approved by the CG, PA and
concurred in by the Commander –in-Chief of the AFP. If dismissed, it is
only the CG, PA who will approve the dismissal and it is final. Acts or
omissions that fall squarely within the ambit of the Articles of war 54, 72
to 92 and AWs 95 – 97 are considered punitive in nature.
b. Non-punitive or Administrative

are those that result in decisions not

involving penal sanction, but merely
define procedure
Persons Subject To Military
Law
 GENERAL COURT MARTIAL
Consist of any number of officers not less
than five shall have the power to try any person
subject to military law for any crime or offense,
made punishable by the articles of war.
 SPECIAL COURT MARTIAL

Any number of officers not less than

three shall have the power to try any
person subject to military law, for any
crime or offense not capital, made
punishable by the articles of war.
 COURT-MARTIAL SUMMARY

• Shall consist of one officer .

• Shall have the power to try any person subject

to military law, except an officer, a member of
the nurse corps, a cadet, a flying cadet or p2lt
for any crime or offense not capital, made
punishable by the articles of war.
 FORMAL WRITTEN ACCUSATION
IS COMPOSED OF TWO PARTS:

1. TECHNICAL CHARGE
- Indicates the article the accused is alleged to have
violated

2. SPECIFICATIONS

- circumstances relied upon as constituting the

violations.
RULES
 *After conduct of investigation, the
investigating officer shall submit a report:

1. Informal Report– sufficient except when he is

required to file a formal report (may be made orally
or brief Memorandum);

2. Formal Report– shall contain the following:

a. his recommendation as to the disposition of the
case;
a. his recommendation as to the
disposition of the case;

b. a substance of the statements of the

testimony on both sides;

c. statements, documents, or any other

matters considered by him in reaching
his conclusions.
* After the conduct of an investigation, the advise of
the staff Judge Advocate shall include a WRITTEN
AND SIGNED recommendation of the action to be
taken by the appointing authority. The
recommendation will accompany the charges if
referred for trial.

* Appointing authority shall proceed to the

appointment of members of the Courts-
Martial
 COURTS-MARTIAL PERSONNEL KEY
POINTS:
* Each member has an equal voice & vote with
other members in deliberating upon and
deciding all questions submitted to a vote or
ballot;
*PRESIDENT – the senior ranking among the
members present. Has the same duty and
functions as that of other members.
*LAW MEMBER – appointed from the Judge
Advocate General Services whose principal duty
is to rule upon interlocutory questions. Has the
same duty and functions as that of other
members.

*TRIAL JUDGE ADVOCATE – appointed to

prosecute in the name of the People of the
Philippines.
*DEFENSE COUNSEL– Accused shall have the
right to be represented by counsel of his own
selection, civil counsel if he so provides, or
military if such counsel be reasonably
available, otherwise, the defense counsel shall
be appointed by the Court,
 TRIAL PROPER – ARRAIGNMENT

*Trial Advocate will read the charges &

specifications & asks the accused how he
pleads;

*Accused has the option to:

(a) ENTER A PLEA; or
(b) DEMUR TO ANY CHARGE OR
SPECIFICATION
 DEMURRERS – GROUNDS
The accused may demur to any charge or specification
when it appears on the face thereof:

1. That the offense charged or the person of the

accused is not within the jurisdiction of the court;

2. That it does not conform substantially to the

prescribed form;

3. That more than one offense is charged in any

particular specification;
4. That the facts charged do not
constitute a punishable act;

5. That it contains averments which, if

true, will constitute a legal justification
or excuse;
* SEQUENCE OF TRIAL – similar to that
of civil courts.

* SEQUENCE OF PRESENTATION OF
EVIDENCE – similar to that of civil courts

* RULES OF EVIDENCE – similar to the

requirements under the Rules of Court
(object; testimonial; objections)
 MOTION FOR FINDING OF NOT GUILTY
At the close of the case for the prosecution
and before the opening of the case for the
defense the court may, on motion of the defense
for findings of not guilty, consider whether the
evidence before the court is legally sufficient to
support a finding of guilty as to each
specification designated in the motion.

* Similar to demurrer to evidence

DECISION – CONFIRMATION OF
REVIEWING AUTHOR
RULE – Approval of a sentence by the reviewing
authority is one of the actions which must
precede the execution thereof, and such
approval must be express.

* NOTE: The power to order the execution of the

sentence includes the power to MITIGATE OR
REMIT the whole or any part of the sentence.
* LIMITATION: The punishment imposed by the
sentence as MITIGATED OR REMITTED must
be included in the sentence imposed by the
Court.
* If the reviewing authority DISAGREES with the
Court – the Court will accede to the views of the
reviewing authority. He may order the returning
of the record which shall include an
APPROPRIATE DIRECTION with respect to the
disposition of the Court. Otherwise, he will take
other appropriate action.
 Enlistment: Muster; Returns

Art 54. Fraudulent Enlistment

refers to any persons who shall procure
himself to be enlisted in the Mil service of the
Philippines by means of wilful misrepresentation
or concealment of his qualifications for
enlistment.
 Article of War 54: Fraudulent
enlistment
means that an enlistment is produce by
means of either wilful or intentional
misrepresentation in regard to any of the
qualification or disqualification prescribed by
law, regulations, or orders. He shall be punished
as court martial may direct. Ex. Military
personnel misrepresented his true age or
concealed his status by representing himself as
single when in fact he is already legally married.
 Art 55. Officer making unlawful
Enlistment
– any officer who knowingly enlist or musters in to the
military service any person whose enlistment or muster is
prohibited by law, regulations, or orders shall be dismissed
from the service or suffer such other punishment as the
court martial may direct.

An officer who is aware that the applicant for enlistment is

disqualified by reason of age or status, still enlist him into
the military service is liable and shall be punish as court
martial may direct.
 Art 56. False Muster
– any officer who knowingly makes a false muster of
a man or animal, or who signs or directs or allows
the signing of any, muster roll knowing the same to
contain a false muster or false statement as to the
absence.

Example: An officer who wilfully makes it

appear that a personnel under his command is
present when in fact he/she is absent.
Art 57. False Returns or omission to render
– every officer whose duty is to render to
return
headquarters, Armed Forces of the
Philippines or other superior authority a
return of the troops under his command,
or of the arms, ammunition, clothing,
funds, or other property and belongings
thereto, who knowingly makes a false
return thereof shall be dismissed from the
service and other such other punishment
as a court martial may direct.
- any officer who having tendered his
resignation and prior to due notice of
the acceptance of the same, quits his
post or proper duties without leave and
with intent to absent himself
permanently there from shall be
deemed deserter.
 Art . 59 Desertion
– any person subject to mil law who
deserts or attempts to desert the service
of the AFP, if the offense were committed
in time of war, suffers death or such
other punishment as a court-martial may
direct, if the offense is committed by any
other time, any punishment except death
that a court martial may direct.
Art 60. Advising, Persuading or
Assisting Desertion
Art 61. Entertaining a Deserter
- any officer who, after having discovered
that a soldier in his command is a deserter
from the military service.

Art 62. Absence Without Leave

- any person subject to Military Law who fails to
report at fixed time.
 Disrespect; Insubordination;
Munity

Art. 64 Disrespect Toward Superior

Officer

- any person subject to mil law who

misbehaved himself with disrespect toward
his superior officer.
Art 65. Assaulting or Wilfully
Disobeying Superior Officer

- any person subject to Military Law who

strikes his superior officer or draws or lift
up any weapon being in the execution of
his officer duty or wilfully disobey any
lawful orders.
 Art 66. Insubordinate conduct
toward NCO
- any soldier who strikes or assault attempts or
threatens to strike and wilfully disobeys the
lawful order of a NCO while in the execution of
his duty.
Art 67. Mutiny or sedition
- any person subject to mil law who attempts to
create or begins, excites, cause or joins in any
mutiny or sedition in any company, post, camp
and detachment.
Art 68. Failure to Suppress Mutiny or
Sedition

- Any person or soldier who being present

at any mutiny or sedition, knowing or
having knowledge to believe that a mutiny
or sedition is to take place
 Art 69. Officers against
suppression of Quarrels

- any person who disobeyed orders

to Arrest or Confined.

Art 70. Breaking Arrest,

Escape from Confinement
Art 74. Releasing Prisoner Without
Proper Authority

– any person subject to mil law, who,

without proper authority, releases
any prisoner or through neglect
sufferers any prisoner to escape.
War Offenses
Art 76. Misbehaviour Before the
Enemy

- any officer or soldier, who misbehaves

himself before the enemy, runs away or
shamefully abandon or by any
misconduct, disobedience, neglect
endanger the safe of any post/camp.
 Art 77. Subordinates Compelling
Commander to Surrender
- any person subject to mil law who compels or
attempts to any commander of any garrison,
post/camp to give it up to the enemy.

Art 83. Spies

- any person who in time of war shall be
found lurking or acting as a spy of any
Camp, post, quarters or encampment of
the AFP.
Art 84. Wilful or Negligent loss, Damage
or wrongful Disposition of Military
Property

– Any person subject to Mil law who

wilfully or through neglect suffers to be
lost, damage or wrongfully disposed any
military property.
Art 85. Waste or Unlawful Disposition
of Military Property Issued to the
Soldier

– any soldier who sells or wrongfully

disposed of arms, ammunitions,
equipment, clothing or other property
issued for use in Mil service.
 Art 86. Drunk on Duty

– any officer who is found drunk on

duty shall, if the offense be committed
in time of war, e dismissed from the
service; and if the offense be committed
in time of peace, he shall be punished
as court martial may direct.
 Art 87. Misbehaviour of
Sentinel

– any sentinel who is found drunk or

sleeping in post, or who leaves it
before he is regularly relieved, shall,
suffer death penalty if the offense be
committed in time of war.
Art 90. Good order to be Maintained
and Wrong Redressed
- all person subject to Mil law are to behave
themselves orderly subject to Mil Law Who
commits any waste or spoiling or wilfully destroy
any property whatsoever.
Art 92. Duelling
- any person subject to Mil Law who fights or
promotes and connives at fighting a duel, or who
having knowledge of a challenge, shall, suffer
such punishment as a court martial may direct.
 Art 93. Murder – Rape
– any person subject to mil law commits
murder or rape, shall suffer from death or life
imprisonment as a court martial may direct.
(As amended by RA No. 242.

Art 94. Various Crimes

– any person subject to mil law who commits
any felony, crimes, breach of law or violation of
municipal ordinance which is recognized as an
offense of a penal in nature is punishable
under the penal laws of the Philippines.
 Art 95. Frauds Against the
Government

– any person subject to mil law, who

steals, embezzles, knowingly and wilfully
misappropriates, applies to his own
benefits or wrongfully, knowingly sells or
disposed of any ordnance, arms,
equipment, ammunition, clothing or other
property of the government.
Art. 96. Conduct Unbecoming an
Officer and Gentlemen

– any officer cadet, flying cadet, or

probationary second Lt. Who is
convicted of conduct unbecoming an
officer and a gentleman shall be
dismissed from the service. (As amended
by RA 242 & 516).
 Art 97. General Art

– Though not mentioned in these

Articles, all disorders and neglects
to the prejudice of good order and
Mil discipline and all conduct of a
nature to bring discredit upon the
Mil service.
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF COMMANDING OFFICERS

THE COMMANDING OFFICER OF ANY

DETACHMENT, COMPANY, BATTALION,
SQUADRON, COMMISSIONED VESSEL OR
HIGHER COMMAND MAY, FOR MINOR
OFFENSES, IMPOSE DISCIPLINARY
PUNISHMENTS UPON PERSONS OF HIS
COMMAND WHO ARE SUBJECT TO MILITARY
LAW, INCLUDING OFFICERS, WITHOUT THE
INTERVENTION OF A COURT-MARTIAL.
POLICIES
1.THE AUTHORITY OF A COMMANDING
OFFICER UNDER AW 105 CANNOT BE
DELEGATED.

2. WHETHER OR NOT AN OFFENSE MAY

BE CONSIDERED AS “MINOR” DEPENDS
UPON ITS NATURE, THE TIME AND
PLACE OF ITS COMMISSION, THE
PERSONS COMMITTING IT, AND OTHER
CIRCUMSTANCES SURROUNDING ITS
COMMISSION
3. IN DETERMINING THE APPROPRIATE
KIND AND AMOUNT OF PUNISHMENT
TO BE ADMINISTERED, COMMANDING
OFFICERS SHOULD CONSIDER THE
AGE, EXPERIENCE, INTELLIGENCE AND
PRIOR DISCIPLINARY AND MILITARY
RECORD OF THE OFFENDER, AS WELL
AS ALL THE OTHER FACTS AND
CIRCUMSTANCES OF THE CASE.
 NATURE OF PUNISHMENTS
1. ADMONITION AND REPRIMAND
(OFFRs & EP).

2. RESTRICTION - DEPRIVATION OF
LIBERTY WITHIN SPECIFIED GEOGRAPHICAL
LIMITS AND THE PERSON IS REQUIRED TO
REPORT TO A DESIGNATED PLACE AT A
SPECIFIED TIME. (OFFRs & EP).
3. ARREST IN QUARTERS-
DEPRIVATION OF LIBERTY WITHIN
THE LIMITS OF ONES QUARTERS,
BUT THE PERSON IS REQUIRED TO
PERFORM MILITARY DUTY.
QUARTERS MAY CONSIST OF A
PRIVATE RESIDENCE, TENT OR
BARRACKS. (OFFRs & EP).
4. CORRECTIONAL CUSTODY- IT IS THE
PHYSICAL RESTRAINT OF A PERSON DURING
DUTY OR NON- DUTY HOURS OR BOTH, AND
MAY INCLUDE EXTRA DUTIES OR FATIGUE
DUTIES (EP) .

5. CONFINEMENT - RESTRAINT INVOLVED IN

THIS PUNISHMENT IS ENFORCED BY BEING
IMPRISONED IN THE GUARD HOUSE (EP).
6. CONFINEMENT ON BREAD AND WATER
OR DIMINISHED RATION - IMPOSED UPON
ENLISTED PERSONNEL EMBARKED ON A
COMMISSIONED VESSEL OF THE
PHILIPPINE NAVY (EP).

7. EXTRA DUTIES - INVOLVES THE

PERFORMANCE OF DUTIES IN ADDITION TO
THOSE NORMALLY ASSIGNED TO THE
PERSON UNDERGOING PUNISHMENT. IT
MAY INCLUDE FATIGUE OR ANY OTHER
MILITARY DUTIES (EP).
8. REDUCTION IN GRADE - MOST SEVERE
FORM OF DISCIPLINARY PUNISHMENT (EP).

9. FORFEITURE OF BASIC PAY - PERMANENT

LOSS OF ENTITLEMENT TO THE BASIC PAY
FORFEITED (OFFRs & EP).
10. DETENTION OR WITHHOLDING OF BASIC
PAY - TEMPORARY WITHHOLDING OF PAY BUT
IN NO CASE SHALL IT EXTEND BEYOND THE
OFFENDER’S TERM OF SERVICE (OFFRs & EP).
 PD 1968

Amendments of AW 105 that you can

impose three (3) punishments at the
same time. No double Jeopardy on
Administrative case.
• THOSE AUTHORIZED PUNISHMENTS MAY BE
IMPOSED ONLY WHEN THE OFFENDER DOES
NOT DEMAND TRIALS BY COURT -MARTIAL.

• THIS IS THE BASIC REQUIREMENT TO BE

MET BEFORE ANY FORM OF PUNISHMENT
CAN BE IMPOSED.
• ONCE AN ACCUSED DEMANDS TRIAL
BY COURT-MARTIAL, THE NECESSARY
CHARGES ARE PREFERRED FOR THE
TRIAL CHARGES BY COURT-MARTIAL
VESTED COMPETENT BY
JURISDICTION.
 REPUBLIC ACT 7055
(PROMULGATED JUNE 20, 1991)

AN ACT STRENGTHENING CIVILIAN

SUPREMACY OVER THE MILITARY BY
RETURNING TO THE CIVIL COURTS THE
JURISDICTION OVER CERTAIN OFFENSES
INVOLVING MEMBERS OF THE ARMED
FORCES OF THE PHILIPPINES, OTHER
PERSONS SUBJECT TO MILITARY LAW, AND
THE MEMBERS OF THE PHILIPPINE
NATIONAL POLICE.
 EXECUTIVE ORDER NO. 337
PROMULGATED SEPTEMBER 13, 1988
PRESCRIBING REGULATIONS
GOVERNING THE DISCHARGE OR
SEPARATION BY ADMINISTRATIVE
ACTION OF OFFICERS OF THE
REGULAR FORCE AND RESERVE
OFFICERS ON EXTENDED TOUR OF
ACTIVE DUTY IN THE ARMED FORCES.
 GROUNDS
• GRAVE MISCONDUCT

• WILLFUL FAILURE TO PERFORM DUTIES

• INTEMPERATE USE OF DRUGS OR

ALCOHOLIC LIQUOR

• VICIOUS OR IMMORAL HABITS