MILITARY

JUSTICE
SYSTEM
TSG FLORES, R.C.
 Introduction
Being a citizen 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
 DEFINITION
 Military Justice
- is the system for enforcing
discipline and administering criminal law
in the armed forces
 SOURCES
 Constitution
 Articles of War
 National Defense Act
 Revised Administrative Law
 Executive Orders, Proclamation, etc
 Laws enacted by Congress
 Army Regulations, Bulletins & Gen Orders
 Digest & Opinion of TJAG,AFP
 JURISDICTION
 Is the power and authority of a court to
hear, try and decide a case.
Agencies through which Military
Jurisdiction is exercised
includes:
 Court Martial
 Commanding Officers exercising
disciplinary powers under AW 105.
 Courts of Inquiry
 Other military Tribunals
 OTIG
 OESPA
 TPMG
Components of the Military justice

The administration of justice In the Philippines

follows four components.

1. Investigation
2. Prosecution
3. Trial or Adjudication
4. Judgment or decision
Investigation

In the investigation, the concern office

conducts inquiry upon receipt of complaint
against the respondents.

Prosecution
In the prosecute, 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.
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 or not guilty. This is also the time
wherein he is given the opportunity to present
evidence(s) through his counsel on his behalf.
Judgment

Judgment or decision is rendered by the court or

the board after thoroughly evaluating and
scrutinizing the testimonies, witnesses and the
complainant. The decision my be guilty or not
guilty.
 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
 All Officers and Soldiers in the active service of
the AFP.
 Members of the Reserve force from the dates of
their CAD and while on active service.
 Trainees undergoing military instruction
 Cadets, flying cadets and P2Lts.
 Retainers to the camp and all persons serving
with the AFP in the field in times of war.
 All persons under sentence adjudged by court
martial.
CLASSIFICATION OF COURT-MARTIAL

GENERAL COURT MARTIAL

SPECIAL COURT MARTIAL

SUMMARY COURT MARTIAL

CLASSIFICATION OF COURT-MARTIAL

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
CLASSIFICATION OF COURT-MARTIAL

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
 CLASSIFICATION OF COURT-MARTIAL

SUMMARY COURT- MARTIAL

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
 Punitive Articles of war (54-97)
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 willful misrepresentation or
concealment of his qualifications for
enlistment.
 Article of War 54: Fraudulent enlistment
means that an enlistment is produce by means of
either willful 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 matial 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.

Ex. An officer who willfully 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
return – every officer whose duty is to render to
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.
 Art 58. Certain acts to Constitute Desertion –
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 Willfully 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 willfully disobey any lawful
orders.
 Art 66. Insubordinate conduct toward NCO –
any soldier who strikes or assault attempts or
threatens to strike and willfully 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. Misbehavior 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.
Miscellaneous Crimes and Offenses
Art 84. Willful or Negligent loss, Damage or
wrongful Disposition of Military Property –
– Any person subject to Mil law who willfully
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. Misbehavior 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
willfully destroy any property whatsoever.

Art 92. Dueling – 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 willfully 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
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF
COMMANDING OFFICERS

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
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF
COMMANDING OFFICERS
POLICIES

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.
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF
COMMANDING OFFICERS

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)
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF
COMMANDING OFFICERS

NATURE OF PUNISHMENTS

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)
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF
COMMANDING OFFICERS

NATURE OF PUNISHMENTS

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)
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF
COMMANDING OFFICERS

NATURE OF PUNISHMENTS

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
 IMPORTANT…
 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
BY COURT-MARTIAL VESTED COMPETENT
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.
 REPUBLIC ACT 7055
(PROMULGATED JUNE 20, 1991)

RPC
OTHER SPECIAL CIVIL
PENAL LAWS
COUR
LOCAL GOV’T
ORDINANCES T

NON-SERVICE
AFP CONNECTED

PNP
CAFG
U
AW 54 - 70 COURT
AW 72 - 92
MARTIAL
AW 95 - 97

SERVICE-CONNECTED
 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 OF
THE PHILIPPINES
 EXECUTIVE ORDER NO.
337
PROMULGATED SEPTEMBER 13, 1988
GROUNDS

• GRAVE MISCONDUCT

• WILLFUL FAILURE TO PERFORM DUTIES

• INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUOR

• VICIOUS OR IMMORAL HABITS

 CIRCULAR 17, GHQ, DTD 02
OCTOBER 1987
ADMINISTRATIVE DISCHARGE OF ENLISTED
PERSONNEL PRIOR TO THE EXPIRATION OF THEIR
TERM OF ENLISTMENT

PERSONNEL DIRECTIVE NR 01, HPA,

DTD 22 JAN 93
DISPOSITION OF CASES / IMPOSITION OF
ADMINISTRATIVE PUNISHMENT TO ENLISTED
PERSONNEL
 THAT’S ALL!!!
 LET’S
ALL WALK IN A REAL
& IDEAL MILITARY MANNER

 MABUHAY!!!