HISTORY OF MILITARY LAW
• ROMAN EMPIRE MAGISTRIMILITUM
• GERMANS DUKE
• FRANCE CONSEILS DE
GUERRE
• ENGLAND,
SWEDEN, RUSSIA, ANGLO-NORMAN
EUROPE SYSTEM
MILITARY LAW PROPER
THE BRITISH CODE
THE AMERICAN CODE
THE PHILIPPINE CODE
PUNITIVE
ARTICLES
PUNITIVE RA 7055
AW 105
MILITARY
JUSTICE
SYSTEM EO 337
ADMINISTRATIVE CIR 17
PD 1638
COMMONWEALTH ACT NO. 408
(AS AMENDED)
PROMULGATED SEPTEMBER 14, 1938
AN ACT FOR MAKING FURTHER AND MORE
EFFECTUAL PROVISION FOR THE NATIONAL
DEFENSE BY ESTABLISHING A SYSTEM OF
MILITARY JUSTICE FOR PERSONS SUBJECT TO
MILITARY LAW.
COMMONWEALTH ACT NO. 408
(AS AMENDED)
PROMULGATED SEPTEMBER 14, 1938
TITLE I PRELIMINARY PROVISIONS (AW 1 - 2)
TITLE II COURTS-MARTIAL (AW 3 - 53)
TITLE III PUNITIVE ARTICLES (AW 54 - 97)
TITLE IV COURTS OF INQUIRY (AW 98 - 120)
PERSONS SUBJECT TO MILITARY LAW
1. ALL OFFICERS
2. MEMBERS OF THE NURSE CORPS
3. SOLDIERS BELONGING TO THE REGULAR FORCE
4. RESERVISTS FROM THE DATES OF THEIR CAD
AND WHILE ON SUCH ACTIVE DUTY
5. TRAINEES UNDERGOING MILITARY
INSTRUCTIONS
6. ALL OTHER PERSONS LAWFULLY CALLED,
DRAFTED OR ORDERED INTO, OR TO DUTY OR FOR
TRAINING IN THE SAID SERVICE, FROM THE DATES
THEY ARE REQUIRED BY THE TERMS OF THE CALL,
DRAFT OR ORDERED TO OBEY THE SAME
PERSONS SUBJECT TO MILITARY LAW
7. CADETS, FLYING CADETS AND PROBATIONARY
2LTs
8. ALL RETAINERS TO THE CAMP AND ALL PERSONS
ACCOMPANYING OR SERVING WITH THE ARMY OF
THE PHILIPPINES IN THE FIELD IN TIME OF WAR OR
WHEN MARTIAL LAW IS DECLARED THOUGH NOT
OTHERWISE SUBJECT TO THE ARTICLE OF WAR.
CLASSIFICATION OF COURT-MARTIAL
GENERAL COURT MARTIAL
SPECIAL COURT MARTIAL
SUMMARY COURT MARTIAL
CLASSIFICATION OF COURT-MARTIAL
GENERAL COURT MARTIAL
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
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 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
(ARTICLES OF WAR 54 - 97)
A. ENLISTMENT; MUSTER; RETURNS (AW 54 - 57)
B. DESERTION; ABSENCE WITHOUT LEAVE (AW 58 - 62)
C. DISRESPECT; INSUBORDINATION; MUTINY (AW 63 - 69)
D. ARREST; CONFINEMENT (AW 70 - 75)
E. WAR OFFENSES (AW 76 - 83)
F. MISCELLANEOUS CRIMES AND OFFENSES (AW 84 - 97)
(ARTICLES OF WAR 54 - 97)
A. ENLISTMENT; MUSTER; RETURNS
AW 54 - FRAUDULENT ENLISTMENT
AW 55 - OFFICER MAKING UNLAWFUL ENLISTMENT
AW 56 - FALSE MUSTER
AW 57 - FALSE RETURNS
(ARTICLES OF WAR 54 - 97)
B. DESERTON; ABSENCE WITHOUT LEAVE
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 - ABSENCE WITHOUT LEAVE
(ARTICLES OF WAR 54 - 97)
C. DISRESPECT; INSUBORDINATION; MUTINY
AW 63 - DISRESPECT TOWARD THE PRESIDENT, VICE
PRESIDENT, CONGRESS OF THE PHILIPPINES OR SND
AW 64 - DISRESPECT TOWARD SUPERIOR OFFICER
AW 65 - ASSAULTING OR WILLFULLY DISOBEYING
SUPERIOR OFFICER
AW 66 - INSUBORDINATE CONDUCT TOWARD NON-
COMMISSIONED OFFICER
(ARTICLES OF WAR 54 - 97)
C. DISRESPECT; INSUBORDINATION; MUTINY
AW 67 - MUTINY OR SEDITION
AW 68 - FAILURE TO SUPPRESS MUTINY OR
SEDITION
AW 69 - QUARRELS; FRAYS; DISORDERS
(ARTICLES OF WAR 54 - 97)
D. ARREST; CONFINEMENT
AW 70 - ARREST OR CONFINEMENT
AW 71 - CHARGES; ACTION UPON
AW 72 - REFUSAL TO RECEIVE AND KEEP PRISONERS
AW 73 - REPORT OF PRISONER RECEIVED
AW 74 - RELEASING PRISONER WITHOUT PROPER
AUTHORITY
AW 75 - DELIVERY OF OFFENDERS TO CIVIL
AUTHORITIES
(ARTICLES OF WAR 54 - 97)
E. WAR OFFENSES
AW 76 - MISBEHAVIOR BEFORE THE ENEMY
AW 77 - SUBORDINATES COMPELLING COMMANDER
TO SURRENDER
AW 78 - IMPROPER USE OF COUNTERSIGNS
AW 79 - FORCING A SAFEGUARD
(ARTICLES OF WAR 54 - 97)
E. WAR OFFENSES
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
(ARTICLES OF WAR 54 - 97)
F. MISCELLANEOUS CRIMES AND OFFENSES
AW 84 - WILLFUL OR NEGLIGENT LOSS, DAMAGE OR
WRONGFUL DISPOSITION OF MILITARY PROPERTY
AW 85 - WASTE OR UNLAWFUL DISPOSITION OF
MILITARY PROPERTY ISSUED TO SOLDIERS
AW 86 - DRUNK ON DUTY
AW 87 - MISBEHAVIOR OF SENTINEL
AW 88 - PERSONAL INTEREST IN SALE OF
PROVISIONS
(ARTICLES OF WAR 54 - 97)
F. MISCELLANEOUS CRIMES AND OFFENSES
AW 88 - A - UNLAWFULLY INFLUENCING ACTION OF
COURT
AW 89 - INTIMIDATING OF PERSONS BRINGING
PROVISIONS
AW 90 - GOOD ORDER TO BE MAINTAINED AND
WRONGS REDRESSED
AW 91 - PROVOKING SPEECHES OR GESTURES
(ARTICLES OF WAR 54 - 97)
F. MISCELLANEOUS CRIMES AND OFFENSES
AW 92 - DUELING
AW 93 - MURDER; RAPE (REPEALED BY RA 7055)
AW 94 - VARIOUS CRIMES (REPEALED BY RA 7055)
AW 95 - FRAUDS AGAINST THE GOVERNMENT
AW 96 - CONDUCT UNBECOMING OF AN OFFICER
AND A GENTLEMAN
AW 97 - GENERAL ARTICLE
REPUBLIC ACT 7055
(PROMULGATED JUNE 20, 1991)
RPC
OTHER SPECIAL CIVIL
PENAL LAWS
COURT
LOCAL GOV’T
ORDINANCES
NON-SERVICE
AFP CONNECTED
PNP
CAFGU
AW 54 - 70 COURT
AW 72 - 92
MARTIAL
AW 95 - 97
SERVICE-CONNECTED
