MILITARY JUSTICE
SYSTEM
SGT CHERRYLEN L MANTES (RES) PA
SGT NORHINA V SAWALDI (RES) PA
Instructors
SCOPE OF PRESENTATION:
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 OF MIL JUSTICE
Designed to enforced discipline and administer justice in the military service.
Components:
Investigation
Prosecution
Trial/Jurisdiction
Judgement or Decision
Admin Cases - are those that result in the decision not involving penal
sanction and may take such mild discipline or instructive forms as
admonition, reprimand and the like. Those are usually disposed of all
commanders detach unit to the highest command level.
Punitive Cases – are those that result in judgement of fine, hard labor,
deprivation of liberty or combination of those whenever guilt of those
involved are proven. These are usually higher command level and matters.
PERSON SUBJECT TO MIL 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
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
Uphold the sovereignty, support the constitution
ROLE OF THE and defend the territory of the RP against all
enemies, foreign and domestic
MILITARY Promote and advance the national aims, goals,
interest and policies
In consonance with national Plan, organize, maintain, develop and deploy its
regular and citizen reserve forces for national
objectives 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 OF THE
MILITARY DURING
NORMAL CONDITIONS Upgrading mission, objectives or goals to
include policies
Perform civic action Formulation of self-reliance program
Law enforcement duties Enhance of Public Relation program
Socio- economic programs Upgrading of morale and welfare of the
members of AFP
Strengthening of Reserve
Force Enhancement of sports and other
recreational activities
Enhancement of Training
Programs
MILITARY JURISDICTION
SOURCES:
Constitution of the Philippines
International Law
Court Martial
CLASSIFICATION:
General
Special
Summary
COMPOSITION:
NUMBER:
All commissioned Officer in the General CM - any member of officer not less than
Active Duty five (5)
No distinction exists among the Special CM - any member of officer not less than
various classes of officer in the three(3)
mil service
Summary CM - consist of one (1) officer.
2LTs and members of the
Nurse Corps and Reserve
Officer on Active Duty training
may not serve on 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
APPOINTING
AUTHORITIES:
GENERAL- COURT When empowered by the President
MARTIAL
CO of Division
President of the Philippines Supt of PMA (except for the trial of an
CSAFP offr)
CO of separate Brigade or Body of Troops
APPOINTING
AUTHORITIES:
Special Court Martial When empowered by the President
Person who can appoint CO of Garrison, Fort, Camp, Brigade,
GCM Regiment, Detached Bn or other Detached
Command
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, MUSTERS and RETURNS
ARTICLE 54- Fraudulent Enlistment
Any Person who procures himself to be enlisted by:
Willful misinterpretation
Concealment as to qualification for enlistment and receive pay and
allowances
INSTANCE OFFENSES
Fraudulent enlistment is not void but
Concealment of previous
dishonorable discharge voidable only at the option of the
Concealment of discharge
government. The offenses can be waived
without honor and the soldier may be retained in the
Concealment that he was a service
deserter
False representation of marital
status
MAXIMUM PUNISHMENT
Dishonorable discharge
Forfeiture of all pay and allowances
1 year confinement and labor
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
ARTICLE 56- FALSE
Any officer who are:
MUSTER
Make false muster of a men or animals
PUNISHMENT Sign, direct or allows the signing of any
muster roll knowing to the same contain false
Dismissal from the Service statements as to the absence or pay an officer
or soldier
Suffer punishment as Court-
Martial may direct Wrongfully takes money or other
consideration
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
ARTICLE 57 - FALSE
RETURN
Committed by officer who render false
PUNISHMENT: report to superior authority on the return
Dismissal from the service of troops under his unit or arms,
ammunition, funds, etc
Suffer other punishment as
Court-Martial may direct
Article 57 - False
Return
Article 171
Falsification of public office,
employee, notary or ecclesiastics
DESERTION, ABSENCE WITHOUT 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
ARTICLE 59 -
DESERTION -NO
INTENT TO RETURN
Any person subject to
If the offense committed in time of war
shall suffer death or such other
military law desert or
punishment as Court-Martial may direct
attempt to desert the AFP
shall: At any other time - any punishment that
Court-Martial may direct except death.
ARTICLE 60 - ADVISING
OR AIDING ANOTHER
TO DESERT
PUNISHMENT:
Any person who: Wartime - DEATH
Committed at other time - any punishment
Advises, persuades, assist except death
another to desert the service
In advising or persuading to desert, it is
not necessary that there is actual desertion.
It is important that the prosecution should
have induced the act
ARTICLE 62 - ABSENT
WITHOUT LEAVE
(AWOL)
Any person subject to military law
who:
Punishment: Fails to report at fixed time to the
As Court-Martial may direct properly appointed place of duty
Goes from same without proper leave
Absent himself from his command,
guard quarters, station without leave
DISRESPECT, INSUBORDINATION,
MUTINY
Article 63 - Disrespect toward President, Vice President, Congress, or
SND
Any officer who uses contemptuous or disrespect words against the
above
Punishment:
Dismissed from the service
As Court-Martial may direct
Article 64 - Disrespect
toward Superior Officer
Any person who behave with disrespect
toward his superior officer
Punishment:
As Court-Martial may
direct
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
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
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
MUTINY - concerted SEDITION - form of resistance
insubordination on opposition, to civil power demonstrated by riot,
defiance of, or resistance to lawful mil disorder. Intent alone is not sufficient
authority by two or more persons no matter how deliberate and fixed or
subject to such authority or neutralize even if there is unanimous conspiracy,
it for the time being. the offense of mutiny will fail. In other
words, words alone, unaccompanied
by acts will not suffice to constitute
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 of having reason to believe that mutiny
or sedition is to take place does not without delay, give info to his CO
Punishment:
DEATH
As Court-Martial may direct
ARTICLE 69 - QUARRELS, FRAYS,
DISORDERS
Any officer, NCO have power to part and quell all quarrels, frays, and disorders
among person subject to mil law and to order officers who take part in the same into
arrest, and other persons subject to mil law who in the same arrest, or 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 violence
Punishment:
DEATH
As Court-Martial may direct
ARREST AND 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:
DEATH
As Court-Martial may direct
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.
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:
DEATH
As Court-Martial may direct
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 an report
As Court-Martial may direct
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
ARTICLE 75 - DELIVERY OF OFFENDERS
TO CIVIL AUTHORITIES
When a person subject to mil law, except one who is held by the mil
authorities to answer, or who is awaiting trial or result of trial or who is
undergoing sentence for a crime of offense punishable under those articles is
accused a crime or offense committed and punishable under those article is
accused a crime or offense committed and punishable by law ordinance, the
CO is required, except in time of war, to deliver such accused person to the
civil authorities or the Officer of Justice in apprehending and securing him, in
order that he may brought to trial.
Punishment:
(Any CO in time of War, to deliver over such
accused person to the civil authority or to aid officer of
Justice in apprehending and securing him)
Dismissed from the Service
As Court-Martial may direct
WAR OFFENSES
ARTICLE 76 - ARTICLE 77 - SUBORDINATE
COMPELLING COMMANDER TO
MISBEHAVIOR SURRENDER
BEFORE THE
Punishment:
ENEMY
Death/As CM may direct
Misbehavior before the ARTICLE 78 - IMPROPER USE OF
Enemy COUNTERSIGN
Punishment:
Punishment: Death/As CM may direct
Death/As CM may direct
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
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 may direct
MISCELLANEOUS CRIMES AND
OFFENSES
ARTICLE 85 - WASTE ON UNLAWFUL
DISPOSITION OF MILITARY PROPERTY ISSUED
TO SOLDIER
Punishment: Death/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
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
ARTICLE 89 - INTIMIDATION OF PERSONS
BRINGING PROVISIONS
Punishment: As CM may direct
Article 90 - Good Order to be Maintained and Wrong Redresses
Commits any kind of Depredation or Riot
Punishment:
Any Person - As CM may direct
Dismissed from the Svc/As CM may direct (Any CO that refused or
omits to apply the offender’s pay towards the separation as provided
for in AW 106)
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)
ARTICLE 92 - DUELING
Committed by person subject to mil law who:
Fights or promotes or is concerned in or connives at fighting a duel
Having knowledge of a challenge sent or about to be sent or fails to
report the fact promptly to proper authority
Punishment:
Officer - Dismissed from the Svc/As CM may direct
Any Person - As CM may direct
ELEMENTS OF DUEL:
It must be permitted and deliberate, as distinguished from sudden
encounter in warm blood
It must be complete the employment of weapons from the use of which
homicide may be expected to be natural and probable sequence
It must be resorted to, ostensibly at least, with a view to obtaining amends
for some direct which has injuriously affected the character of the person
concerned
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.
ARTICLE 94 - VARIOUS CRIME
This LAW 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
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
ARTICLE 96 - CONDUCT UNBECOMING OF AN
OFFICER AND GENTLEMEN
Military Personnel amenable under this LAW:
Officer
Cadet
Flying/P2LT
Penalty: Dismissal from the Service
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
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
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
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
SCOPE: Illustration fostering disaffection by
wrongly advising and encouraging the
All such sins of commission or preparation and information to the
omission on the part of officers and Inspector General of letter of criticism,
soldiers as, on the hand, do not fall on and protest by enlisted men for the purpose
the category of crimes, and on the
of discrediting the Junior Officer, Company
other hand, are not expressly made
punishable in any other specific Articles Officer and bringing about an investigation
of the Code; While yet being clearly in the expectation that the Company
prejudicial to good and military Commander would be removed.
discipline. The “PREJUDICE” should
be reasonably and capable.
PREPARATION OF
INVESTIGATION REPORT
HEADINGS:
Heading are CAPITALIZED and followed by a colon
The investigation or the investigating officer signs the report
On top of the letterhead and on the lower fold of paper, the word
CONFIDENTIAL is type or stamped
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.
END OF PRESENTATION
