Military

Military

Justice
Justice

System
System
Scope
Scope

Concept of Mil Justice System

Person Subject to Military Law
Role of the Military
Military Jurisdiction
Punitive Articles of War
Preparation of Investigation Report (IR)
Concept
Concept

 Designed to enforced discipline and administer

justice in the military service.
 Components:
 Investigation
 Prosecution
 Trial or Adjudication
 Judgement or Decision
Concept
Concept

 Admin Cases - are those that result in the decision not

involving penal
The sanction and may take
type of evidence and such mild discipline
degree
or instructive forms
of proof as admonition,
required are alsoreprimand
different and
for the like.
Those are usually disposed of all commanders detach unit to
thosecommand
the highest level.Punitive Cases required
categories.
guilt to be proven beyond reasonable
 Punitive Cases - are those that result in judgement of fine ,
hard labor, while Admin
doubtdeprivation Cases
of liberty required only
or combination of those
preparedness
whenever guilt of evidence
of those involved to gain These are
are proven.
punitive
usually higher command leveladjudication
and matters.
Person
Person Subject
Subject to
to Military
Military Law
Law

 All Officers and soldiers in the active service of the

AFP
 Members of the Reserve Force from dates of their
CAD and while on active duty
 Training undergoing military instructions
 All other persons lawfully called, Draftees or
ordered into, or to duty or for training in the service
from dates of their calls, drafs or order to obey the
same
Person
Person Subject
Subject to
to Military
Military Law
Law
 Cadets of PMA, Flying Cadets of the PAF, Flying
Schools and P2LTs

 All retainers to the camp and all person

accompanying or serving with the AFP in the field in
time of war or when Martial Law is declared

 All persons under sentence adjudge by Court-Martial

Role
Role of
of the
the Military
Military
In consonance with national objectives

 Uphold the sovereignty, support the constitution and

defend the territory of the RP against all enemies,
foreign and domestic

 Promote and advance the national aims, goals,

interest and policies
Role
Role of
of the
the Military
Military
 Plan, organize, maintain, develop and deploy its
regular and citizen reserve forces for national security

 Assist and support the National Government in its

task of nation building

 Perform other functions as may be provided by law

or assigned by higher authorities
Role
Role of
of the
the Military
Military during
during Normal
Normal Conditions
Conditions
 Perform civic action
 Law enforcement duties
 Socio-economic programs
 Enhancement of training programs
 Strengthening of Reserve Force
 Upgrading mission, objectives or goals to include policies
 Formulation of self-reliance program
 Enhance of Public Relation program
 Upgrading of morale and welfare of the members of the AFP
 Enhancement of sports and other recreational activities
Military
Military Jurisdiction
Jurisdiction

 Sources:
 Constitution of the
Philippines
 International Law
Court-Martial
Court-Martial

 Classification:

General
Special
Summary
Court-Martial
Court-Martial
 Composition:
 All commissioned Officer in the Active Duty

 No distinction exists among the various classes of

officer in the mil service

 2LTs and members of the Nurse Corps and Reserve

Officer on Active Duty training may not serve on
court martial
Court-Martial
Court-Martial

 Number:
 General CM - any member of officer not less than
five (5).

 Special CM - any member of officer not less than

three(3).

 Summary CM - consist of one (1) officer.

Court-Martial
Court-Martial

A law member, who shall not be an officer of the

Judge Advocate General Service shall be detailed as
one of the members of the GCM
Court-Martial
Court-Martial
 Appointing Authorities:
 General Court-Martial
 President of the Philippines
 CSAFP
 When empowered by the President
 CO of Division
 Supt of PMA (except for the trial of an offr)
 CO of Separate Brigade or Body of Troops
Court-Martial
Court-Martial
 Appointing Authorities:
 Special Court-Martial
 Persons who can appoint GCM

 When empowered by the President

 CO of Garrison, Fort, Camp, Brigade, Regiment,
Detached Bn or other Detached Command
Court-Martial
Court-Martial
 Appointing Authorities:

 Summary Court-Martial

 CO of Garrison, Fort, Camp or other place where

troops are on duty and the CO of a Regiment,
Detached Bn, Detached company or other
detachment
PUNITIVE ARTICLES OF WAR
Enlistment,
Enlistment, Musters,
Musters, Returns
Returns
 Article 54 - Fraudulent Enlistment

Any Person who procures himself to be enlisted by:

 Willful misrepresentation
 Concealment as to qualification for enlistment
and receive Pay and Allowances
Enlistment,
Enlistment, Musters,
Musters, Returns
Returns
Article 54 - Fraudulent Enlistment
Instance Offenses
 Concealment of previous dishonorable discharge
 Concealment of discharge without honor
 Concealment that he was a deserter
 False representation of marital status
Enlistment,
Enlistment, Musters,
Musters, Returns
Returns
Article 54 - Fraudulent Enlistment

Fraudulent enlistment is not void but voidable

only at the option of the government. The
offenses can be waived and the soldier may be
retained in the service
Enlistment,
Enlistment, Musters,
Musters, Returns
Returns
Article 54 - Fraudulent Enlistment
Maximum Punishment

Dishonorable Discharge

Forfeiture of all Pay and Allowances

1 -year confinement and hard labor

Enlistment,
Enlistment, Musters,
Musters, Returns
Returns
 Article 55 - Officer Unlawful Enlistment

Any officer who knowingly enlist or musters into

the military service to any person whose
enlistment or muster is prohibited
Enlistment,
Enlistment, Musters,
Musters, Returns
Returns
 Article 56 - False Muster
 Any officer who are:
 Make false muster of a men or animals
 Sign, direct or allows the signing of any muster roll
knowing to the same contain false statements as to
the absence or pay an officer or soldier
 Wrongfully takes money or other consideration
Enlistment,
Enlistment, Musters,
Musters, Returns
Returns

Article 56 - False Muster

 Punishment:

 Dismissal from the service

 Suffer punishment as Court-Martial may direct

Enlistment,
Enlistment, Musters,
Musters, Returns
Returns
Article 56 - False Muster
 Example of Offense
 Mustering of any person by wrong name
 Mustering any person as soldier when he is not a
soldier
 Including officer and men as present when they are
absent from the regiment
 Including officer and men as member of the unit after
they have been discharge or dead
Enlistment,
Enlistment, Musters,
Musters, Returns
Returns
 Article 57 - False Return

Committed by officer who render false report to

superior authority on the return of troops under
his unit or arms, ammunition, funds, etc
Enlistment,
Enlistment, Musters,
Musters, Returns
Returns

Article 57 - False Return

 Punishment:

 Dismissal from the service

 Suffer other punishment as Court-Martial may direct

Enlistment,
Enlistment, Musters,
Musters, Returns
Returns

Article 57 - False Return

 Article 171

 Falsification of public office, employee, notary

or ecclesiastics
Desertion,
Desertion, Absence
Absence Without
Without Leave
Leave
 Article 58 - Acts Constituting Desertion
 Any officer, having tendered his resignation and prior
notice or acceptance, quits his post or proper duties
without leave and with intent to absent permanently
 Any officer without having first discharge against
enlist in the AFP or AF of foreign country
 Any person subject to military law quits his
organization or place of duty with intent to avoid
hazardous duty or shirk important service
Desertion,
Desertion, Absence
Absence Without
Without Leave
Leave
 Article 59 - Desertion -No intent to Return
Any person subject to military law desert or attempt to
desert the AFP shall:
 If the offense committed in time of war shall suffer
death or such other punishment as Court-Martial may
direct

 At any other time - any punishment that Court-

Martial may direct except death.
Desertion,
Desertion, Absence
Absence Without
Without Leave
Leave
 Article 60 - Advising or Aiding another to Desert
Any person who:
 Advises, persuades, assist another to desert the
In advising or persuading to desert, it is not
service necessary that there is actual desertion. It is
Punishment:important that the prosecution should
 Wartime - DEATH
have induced the act

 Committed at other time - any punishment except

death
Desertion,
Desertion, Absence
Absence Without
Without Leave
Leave
 Article 62 - Absent Without Leave (AWOL)
Any person subject to military law who:
 Fails to report at fixed time to the properly appointed
place of duty
 Goes from
AWOL same without
is lesser proper
offense leave
included in Desertions
 Absent himself from his command, guard quarters,
station without leave
 Punishment:
 As Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
 Article 63 - Disrespect toward President, Vice
President, Congress, or SND

 Any officer who uses

Mere adverse contemptuous
criticism or disrespect
uttered in a political
words against the not
discussion above
intended to be respectful is
 Punishment: not violated in this article
 Dismissed from the service
 As Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
 Article 64 - Disrespect toward Superior Officer
 Any person who behave with disrespect toward his
superior officer

Punishment:
As Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
Article 64 - Disrespect toward Superior Officer

 Offenses
 Words like open declaration of intention to disobey
orders
 Disrespect word uttered against an officer in the
presence of other officer
 Acts neglecting the customary salute
 By indifference, insolence or rudeness in his
presence
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
 Article 65 - Assaulting or Willfully Disobeying
Superior Officer
Any person subject to military who:
 Strikes his superior officer
 Draw or lift any weapon
 Officer violated against him being in the execution of his
office
 Willfully disobey any lawful command of his superior
 Punishment: DEATH or as Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
 Article 66 - Insubordinate Conduct toward Non-
Commissioned Officer
Any soldier who:
 Strikes or assaults, or who attempts of threatens to strike or
assault, or willfully disobeys order of a NCO or uses
threatening or insulting language, or behaves in an
insubordination or respectful manner toward a NCO while in
an execution of his office
 Punishment: As Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
 Article 67 - Mutiny or Sedition
Any person subject to military law who:
 Attempt to create or who begins, excite, causes or
joins any mutiny or sedition in company, party, post,
camp, detachment guard or command.
 Punishment:
 DEATH
 As Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
 Mutiny - concerted insubordination on opposition,
defiance of, or resistance to lawful mil authority by
two or more persons subject to such authority or
neutralize it for the time being.
 Sedition - form of resistance to civil power
demonstrated by riot, disorder. Intent alone is not
sufficient no matter how deliberate and fixed or even
if there is unanimous conspiracy, the offense of
mutiny will fail. In other words, words alone,
unaccompanied by acts will not suffice to constitute
mutiny.
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
 Article 68 - Failure to suppress Mutiny or
Sedition
Any officer or soldier present at any mutiny or sedition
does not use his utmost endeavor to suppress the same
It is crime
of having simply
reason to “standthat
to believe by” mutiny
while mutiny is
or sedition is
to take place does not being committed
without delay, give info to his
CO.
Punishment:
 DEATH
 As Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
 Article 69 - Quarrels, Frays, Disorders
Any officer, NCO have power to part and quell all
quarrels, frays, and disorders among person subject to
Punishment:
mil law and to order officers who take part in the same
DEATH
into arrest, and other persons subject to mil law who
As
in Court-Martial mayordirect
the same arrest, confinement as circumstances
may require until their proper superior officer is
acquitted there with. And whoever, being dared to
refuse to obey such officer, or draws a weapon upon
otherwise threatens or does by
As amended violence
RA 516to him.
Arrest
Arrest and
and Confinement
Confinement
 Article 70 - Arrest or Confinement
 Any person subject to mil law charged with crime or with an
offense under these articles shall be placed in confinement or
arrest as circumstances may require; but when charge with a
minor offense only, such person shall not ordinarily be placed
in confinement. Or who break his arrest, whether before or
after trial or sentence and before he set at liberty by proper
authority.
 Punishment: As Court-Martial may direct
Arrest
Arrest and
and Confinement
Confinement
 Article 71 - Charges; Action Upon

 Charges and specifications must be signed by a person

subject to mil law, and under oath either that has
personal knowledge of , was investigated, the
matters set forth therein and that the same are true in
fact, to the best of his knowledge and belief.
Arrest
Arrest and
and Confinement
Confinement
 Article 72 - Refusal to Receive and Keep
Prisoners
 No Provost Marshall or Commander of the Guard
shall refuse to receive or keep any prisoner committed
to his charge by any officer belonging to the AFP or
PNP, provided the officer committing shall, at the
time deliver an account in writing, if the crime of
offenses charges against the prisoner.
Punishment: (Any Officer or Soldier)
 As Court-Martial may direct
Arrest
Arrest and
and Confinement
Confinement
 Article 73 - Report of Prisoner Receive
 Every Commander of the Guard whose charge a
prisoner is committed shall, within 24 hrs after such
confinement, or as soon he is relieve from his guard,
report in writing to the Commanding Officer the same
of such prisoner, the offense charge against his, and
the same of office committing to him.
Punishment: (Fails to make report)
 As Court-Martial may direct
Arrest
Arrest and
and Confinement
Confinement
 Article 74 - Releasing Prisoner Without Proper
Authority
 Any person subject to mil law, without proper authority,
release any prisoner duly committed to his charge, or who
through neglect or design suffers any prisoner to committed to
escape.

Punishment: As Court-Martial may direct

Arrest
Arrest and
and Confinement
Confinement
 When
Article 75under the provision
- Delivery of this Article,
of Offenders to Civil
delivery is made to the civil authorities of an
Authorities
offender undergoing sentence of a
 When a person subject to mil law, except one who is held by
the milCourt-Martial,
Punishment:authorities
(Any CO to such
answer,
in time delivery,
or to
of War, who is ifawaiting
deliver followed
over suchtrialby
or result
accused conviction,
of trialperson
or whoto the
iscivil shall beorsentence
authority
undergoing held
to aidto interrupt
officer
for aof crimetheof offense
Justice in apprehending
punishable under and securing
those
execution him)
articles
of the isoffense
accusedof a crime or offense
Dismissed
committed from
and the Service under those article is accused a
punishable
the Court-Martial and the offense shall be
crime
As or offense may
Court-Martial committed
direct and punishable by law ordinance,
the CO return to military
is required, exceptcustody,
in time ofafter war,having
to deliver such
accused answered
person to the to civil
the civil authorities
authorities or the for his of Justice
Officer
in apprehending
offense, and for thesecuring
completionhim, into order that he may
the said
brought to trial.
Court-Martial sentences
WAR
OFFENSES
War
War Offenses
Offenses
 Article 76 - Misbehavior before the Enemy
Punishment: Death/As CM may direct
 Article 77 - Subordinate Compelling
Commander to Surrender
Punishment: Death/As CM may direct
 Article 78 - Improper Use of Countersign
Punishment: Death/As CM may direct
War
War Offenses
Offenses
 Article 79 - Forcing a Safeguard
Punishment: Death/As CM may direct
 Article 80 - Captured Property to Secure Service
(As amended RA 242)
Punishment: As CM may direct
 Article 81 - Dealing in Captured or, Abandoned
Property
Punishment: Fine or Imprisonment/As CM may direct
War
War Offenses
Offenses
 Article 82 - Relieve, Corresponding With,
or Aiding the Enemy
Punishment: Death/As CM may direct
 Article 83 - Spies - (Amended by RA 242)
Punishment: (Tried by GCM or Military
Commission)
Conviction - Death
 Article 84 - Military Property
Punishment: As CM may direct
Miscellaneous
Crimes and Offenses
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
 Article 85 - Waste on Unlawful Disposition of
Military Property Issued to Soldier
Punishment: As CM may direct
 Article 86 - Drunk on Duty
Punishment: Officer (In time of War)- Dismissed from the
Svc/ (Time of Peace) -As CM may direct/ Any Person Subject
to Mil Law (Except Officer) - As CM may direct
Article 87 - Misbehavior of Sentinel
Punishment: (In time of War) - Death/As CM may direct/
(Time of Peace) - As CM may direct except death
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
 Article 88 - Personal Interest in Sale or
Provision
Punishment: As CM may direct
 Article 88A - Unlawfully Influencing Action of
Court
Violation:
 Favoring a certain private contractors in the supply of victuals, other
food stuff or other necessaries of life used by the soldier in the camp or
station of which he is the CO
 In order to violate this Article, it is necessary for the CO has gained
private advantage, either for himself or any member of his family
Punishment: As CM may direct
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
 Article 89 - Intimidation of Persons Bringing
Provisions
Confinement
Punishment: As CM inmay
a penitentiary
direct is not authorized
for the offense of rioting of attempting to
 Article 90 - Good Order to be Maintained
commit a riot because they are punishable
and
Wrong Redresses
by imprisonment for more than one year
 Commits any kind of Depredation or Riot
Punishment:
Any Person - As CMis
Rioting may direct
a tumultuous disturbance of the
Dismissed frompeace
the Svc/As CM or
by three may direct
more (Any CO that refused
persons
or omits to apply the offender’s pay towards the separation as
provided for inacting with a common intent
AW 106)
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
Article 91 - Provoking Speeches or Gestures
Punishment: As CM may direct
• The main object of this Article is to check such manifestation
of a hostile temper as by inducing retaliation might lead to
duels or other disorders

• On the prosecution for using provoking language to an officer

in violation of this Article, the court was not authorized to
substitute a fencing of guilt under AW 64 (Disrespect toward
Superior Officer)
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
 Article 92 - Dueling
Committed by person subject to mil law who:
 Fights or promotes or is concerned in or connives at
fighting a duel
 HavingDuelknowledge of afight
- a concerned challenge
betweensent or about to be
two persons
sent orwith
fails to report
deadly weapons, thethefact promptly
object of which isto proper
authority
claimed to be the satisfaction of wounded honor

Punishment:
Officer - Dismissed from the Svc/As CM may direct
Any Person - As CM may direct
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
 Article 92 - Dueling
Elements of Duel:
 It must Challenge
be permitted - is and
a written or verbalasdemand
deliberate, or
distinguished from
sudden encounter
invitationintowarm blood
another units in such a combat.
 It must beThe giving the
complete of aemployment
challenge, directly and infrom the use
of weapons
of which homicide
person may be expected
by challenger himself to be natural
is not and probable
considered
sequenceand offense under this Article but one which
 It must would
be resorted
properly to, beostensibly
charged at least,
under the with a view to
General
obtaining amends for some direct which has injuriously
affected the character of theArticle
person concerned
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
Article 93 - Murder, Rape
Punishment: (In time of War)
DEATH or Imprisonment for Life
As CM law may direct
 Definition of murder under this Article of War is the
same in the Revised Penal Code. In time of war
contemplate a state of war including civil war. If a
murder or rape is committed in time of peace, the
offense fall under AW 94 to various crime and in
imposing the penalty for such offense, penalties
provided by the RPC shall be taken into consideration.
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
 Article 94 - Various Crime

 This AW has been modified by PD 1850

which makes person subject to mil law trial by
Court-Martial irrespective whether the offense
was committed inside or outside a military
reservation and whether or not the offended
party is a person subject to mil law
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
 Article 95 - Frauds against the Government

 The offender must know that the claim against the

government is false fraudulent. If the offender is
discharge or dismissed from the service, he shall
continue to be liable to be arrested and held for trial by
a Court-Martial in the same manner as if he had not
received such discharge nor dismissed
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
 Article 96 - Conduct Unbecoming of an Officer
and Gentlemen
 Military Personnel amenable under this AW:

 Officer
 Cadet
 Flying/P2LT

Penalty: Dismissal from the Service

Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
 Article 96 - Conduct Unbecoming of an Officer
and Gentlemen
 The action or behavior is committed by an officer is an
official or private capacity and it bring dishonor or
disrespect upon the military profession which he
represent. For the application of mandatory sentence
of dismissal, the conduct must be disgraceful and
manifestly unfitting both an officer and gentlemen and
such as to exhibit as unworthy to held a commission in
the Armed Forces. Dishonorable acts should not be
charged under this Article.
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
 Article 96 - Conduct Unbecoming of an Officer
and Gentlemen
Illustration:
 The failure or neglect to pay private debts, unless
accompanied by dishonorable conduct such as false
representation, deceit, does not ordinarily constitute a
violation of this Article. But continued indifference to
pecuniary collocations, causing repeated complaints
of creditors and bringing scandal upon military
service, constitutes an offense under this Article
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
Article 97 - General Article
Refers to:
 All disorders and neglect to the prejudice of good
order and military discipline and all conduct of nature
as to bring discredit upon the military service

 General Court-Martial or Summary Court-Martial shall take

this offense according to the nature and degree of the offense

 Penalty: Discretionary upon the court

Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
Article 97 - General Article

Purpose:
 To provide for the trial and punishment of any and all
military offenses not expressly made cognizance by
Court-Martial in other and more specific Articles and
thus to prevent the possibility of a failure of justice
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
Article 97 - General Article
 Scope:
 All such sins of commission or omission on the part of officers
and soldiers as, on the hand, do not fall on the category of
crimes, and on the other hand, are not expressly made
punishable in any other specific Articles of the Code; While
yet being clearly prejudicial to good and military
discipline. The “PREJUDICE” should be reasonably and
capable.
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
Article 97 - General Article

 Illustration fostering disaffection by wrongly advising

and encouraging the preparation and information to
the Inspector General of letter of criticism, and protest
by enlisted men for the purpose of discrediting the
Junior Officer, Company Officer and bringing about
an investigation in the expectation that the Company
Commander would be removed.
 Preparation of
Investigation Report
Investigation
Investigation Report
Report
Headings:
 AUTHORITY
®MATTERS
Heading are CAPITALIZED and followed by
INVESTIGATED
 aFACTS
colon OF THE CASE
 DISCUSSION
®CONCLUSIONS
The investigation or the investigating officer
RECOMMENDATIONS
 signs the report

® AUTHORITY
On top
 DETAILS
of the letterhead and on the lower
fold of paper, the
RECOMMENDATIONS
word CONFIDENTIAL is
type or stamped
 CONFIDENTIAL

(Letterhead)

CODE Date
SUBJECT/NATURE OF CASE:

TO: (The Chief or Commander who assigned the case)

AUTHORITY:
1.
MATTERS INVESTIGATED:
2.
FACTS OF THE CASE:
3.
DISCUSSION:
4.
CONCLUSIONS:
5.
RECOMMENDATIONS:
6.
(Investigating Officer)
CONFIDENTIAL
 CONFIDENTIAL

(Letterhead)

CODE Date
SUBJECT/NATURE OF CASE:

TO: Indicate here whether the report is an initial report or progress report
No. 1 or 2. As the case may be

AUTHORITY :
1.
DETAILS:
2.
RECOMMENDATION:
3.

(Investigating Officer)
CONFIDENTIAL