OBJECTIVE
TO PROVIDE THE STUDENT A
PRACTICAL FRAMEWORK ON
MILITARY LAW AND JUSTICE
OVERVIEW
Definition of Terms
Persons subject to Military Law
Military Jurisdiction
Articles of War
Court Martial
DEFINITION OF
TERMS
Military Justice – is the system for
enforcing and administering
criminal law in the Armed forces.
Military Law – it is a branch of
public law which is prescribed for
the organization, government and
discipline of the military forces.
Articles of War - rules governing
the conduct of military personnel
and providing a method by which
persons who break those rules may
be punished.
Court Martial – is a court composed of
one or more members (depending upon
the class of court), the function of
which is to the decide whether a person
subject to military law has committed a
violation of the Articles of War, and if
it finds him guilty, to adjudge
punishment for the offense
Martial Law - military rule exercised
by a state over its citizens (no being
enemies), in an emergency justifying
it. It is described as the exercise of
military justification by a government
temporary governing the civil
population of a locality through its
military forces without authority of a
written law.
Military Commission - an authorized
provisional tribunal in presidential
Proclamations and orders. It was
referred to in a proclamation as an
authorized court for the trial of the
offenses of persons under martial law
and its proceedings are valid.
Law Member – is one skilled in
questions of military law and
procedure and is the legal adviser of
the court.
Military Government – is that form of
government exercised over the
belligerences or other inhabitants of an
enemy’s country in war foreign or civil.
It is exercised in time of foreign war
outside the boundaries of the state, or
in time of rebellion and civil war within
the territories of the state occupied by
rebels treated as belligerents.
Jurisdiction – is the power and
authority of a court to hear, try
and decide a case.
PERSONS SUBJECT TO
MILITARY LAW ARE THE
FOLLOWING:
1. All officers and soldiers in the active service
of the AFP.
2. Members of the reserve forces from the
dates of their CAD and while on active duty.
3. Trainees undergoing military instructions.
4. All other persons lawfully called, drafted or
ordered into, or to duty for training in the said
service, from the date of their call, draft or order
to obey the same.
5. Cadets, flying cadets and probationary 2LTs.
6. Retainers to the camp and all persons
accompanying or serving with the armed forces
in the field in time of war or under martial law if
declared.
7. All persons under sentence adjudged by
court-martial.
8. CAFGU
MILITARY JURISDICTION
IS THE POWER OF THE
MILITARY COURT/TRIBUNALS
TO HEAR AND DECIDE PURELY
MILITARY OFFENSES/CASES
COMMITTED BY PERSONS
SUBJECT TO MILITARY LAW.
MILITARY JURISDICTION
Sources:
Constitution of the Philippines
International Law
Specific provisions of the Constitution
relating to such jurisdiction being found in the
powers granted to Congress.
The authority vested in the president as
Commander-in-Chief of all armed forces (Sec. 1,
MCM)
Exercise – It is exercised by a belligerent
occupying an enemy’s territory (military
personnel; by a government temporarily
governing the civil population of the locality
thru its armed forces, without authority of the
written law, as necessity may require (martial
law), and by the government in the execution
of that branch of municipal law which
regulates its military establishments (military
law) (Sec. 2, MCM)
Agencies – The agencies through which military
jurisdiction is exercised includes.
a. Court Martial – General special and
summary for the trial of offenders against
military law and in case of general court-martial
of persons who by the law of war are subjected
to trial by military tribunals.
b. Commanding Officers exercising
disciplinary power under AW 105.
c. Court of Inquiry for the examination
of transactions of or accusations or
imputation against officers or soldiers
and for such purposes as indicated by
law regulations.
d. Military tribunals for the trial of
offenses within their respective
jurisdiction.
COMPONENTS OF MILITARY
JUSTICE SYSTEM
1. INVESTIGATION
2. PROSECUTION
3. TRIAL
4. JUDGMENT
DIVISION OF THE
SYSTEM
ADMINISTRATIVE CASES
PUNITIVE CASES
[Link] OF WAR
General Concept – The Articles of War consist
of a series of articles numbered from 1 to 120, forty
five (45) of these articles relate to various crimes
and offenses and the punishment therefore. They
are called punitive articles. The crime referred to in
the punitive articles are classified into (a) offenses,
which are similarly defined by the penal AW’s of the
country, and (b) those that are purely military
offenses.
PUNITIVE ARTICLES OF WAR
AW54 -FRAUDULENT ENLISTMENT
AW 55 – OFFICER MAKING
UNLAWFUL ENLISTMENT
AW 56- FALSE MUSTER
AW 57- FALSE RETURNS-
OMISSIONS TO RENDER RETURN
AW 58- CERTAIN ACTS TO
CONSTITUTE DESERTION
AW 59- DESERTION
AW 60- ADVISING OR AIDING
ANOTHER TO DESERT
AW 61- ENTERTAINING A DESERTER
AW 62 – AWOL
AW 63- DISRESPECT TOWARDS THE
PRESIDENT, VICE- PRESIDENT,
CONGRESS OR SECRETARY OF
NATIONAL DEFENSE.
AW 64- DISRESPECT TOWARD
SUPERIOR OFFICER
AW 65 – ASSAULTING OR WILLFULLY
DISOBEYING SUPERIOR OFFICER
AW 66- INSUBORDINATE CONDUCT
TOWARD NON-COMMISIONED
OFFICER.
AW 67- MUTINY OR SEDITION
AW 68- FAILURE TO SUPPRESS
MUTINY OR SEDITION
AW 69- QUARRELS, FRAYS,
DISORDERS
AW 70 – ARREST & CONFINEMENT
AW 71- CHARGES: ACTION UPON
AW 72- REFUSAL TO RECEIVE & KEEP
PRISONERS
AW 73- REPORT OF PRISONER
RECEIVED
AW 74- RELEASING PRISONER W/O
AUTHORITY
AW 75- DELIVERY OF OFFENDERS TO
CIVIL AUTHORITY.
AW 76- MISBEHAVIOR BEFORE THE
ENEMY
AW 77- SUBORDINATE COMPELLING
COMMANDER TO SURRENDER
AW 78- IMPROPER USE OF
COUNTERSIGN
AW 79- FORCING A SAFEGUARD
AW 80- CAPTURED PROPERTY TO BE
SECURED FOR PUBLIC SERVICE
AW 81- DEALING IN CAPTURED OR
ABANDONED PROPERTY
AW 82- RELIEVING, CORRESPONDING
WITH,OR AIDING THE ENEMY.
AW 83 – SPIES
AW 84- MILITARY PROPERTY- WILLFUL OR
NEGLIGENT LOSS, DAMAGE OR WRONGFUL
DISPOSITION
AW 85- WASTE OF UNLAWFUL
DISPOSITION OF MILITARY PROPERTY
AW 86- DRUNK ON DUTY
AW 87- MISBEHAVIOR OF SENTINEL
AW 88A- PERSONAL INTEREST IN SALE OF
PROVISIONS
AW 88B- UNLAWFULLY INFLUENCING
ACTION OF THE COURT
AW 89- INTIMIDATION OF PERSON
BRINGING PROVISIONS
AW 90- GOOD ORDER TO BE MAINTAINED
AND WRONG REDRESSED
AW 91- PROVOKING SPEECHES OR
GESTURES
AW 92- DUELING
AW 93 & 94- REPEALED BY R.A 7055
AW 96- CONDUCT UNBECOMING OF
AN OFFICER AND GENTLEMAN
AW 95- FAUDS AGAINST THE
GOVERNMENT
AW 97- GENERAL ARTICLE
AW 105-DISCIPLINARY POWERS OF
COMMANDING OFFICER
COURT MARTIAL
1. Concept and Classification
A court-martial is a court composed of
one or more members (the member depending
upon the class of the court), the function of which
is to decide whether a person subject to military
law has committed a violation of the Articles of
War, and if it finds his guilty, to adjudge
punishment for the offense (TM27-255 P.3)
2. Aspects of Court Martial
a. Temporary in nature
b. It is a court of law and justice
c. It is an instrumentality of the
executive power provided by Congress to
the Commander-in-Chief
3. TYPES OF COURT MARTIAL
General Court Martial
Special Court Martial
Summary Court Martial
4. DISTINCTION
As to Composition
As to jurisdiction on the person subject to trial.
As to Jurisdiction on the offense
As to jurisdiction on the punishments to
imposed
As to officials empowered to convene Court-
Martial
SUMMARY
Definition of Terms
Persons subject to Military Law
Military Jurisdiction
Articles of War
Court Martial
