MILITARY JUSTICE

Military Justice - is the system for enforcing discipline and administering criminal law in the
Military establishment. Under the board concept, rules governing the conduct of military
personnel and providing for a method by which persons who break them may be punished are
contained in the Articles of War, the Manual for Court-Martial, the Constitution of the
Philippines, and pertinent laws.

1. Military Jurisdiction

Military Law emanates from several sources, among which are the Constitution of the
Philippines and International Law, some specific provisions of the Constitution granting
some powers to Congress, and the authority vested in the President of the Philippines as
Commander-in-Chief of all Armed Forces.

Military jurisdiction is exercised by a belligerent state occupying an enemy’s territory

(military government); by a government temporarily governing civil populace through its
military forces without authority of a written law as necessity may require (martial law);
and by the government in the execution of its authority over the military as conferred by a
branch of municipal law. Each exercise is carried out by the following agencies.
a. Courts-martial-general, special and summary
b. Commanding Officers in exercising their disciplinary powers under Articles of
War 105
c. Courts of inquiry
d. Military tribunals or commissions

2. Persons Subject to Military Law

As a general rule, courts-martial have the exclusive jurisdiction over all persons subject
to military law who commit an offense penalized by the punitive articles of war. Persons
subject to military law refer to the following:
a. All officers and enlisted personnel in the Regular Force of the AFP.
b. All reservist from the date of their call to active duty and while on such active
duty.
c. All trainees undergoing military instructions.
d. All cadets of the PMA and PAF Flying School, and Probationary Lieutenants on
actual training.
e. Retainers to camp and all persons accompanying or serving with the AFP in the
field of war or when martial law is declared.
 f. All persons under sentence adjudged by a court-martial or military tribunal.

Military jurisdiction over a person is terminated upon disc here or separation from the
service. However, jurisdiction of a court-martial as to offense is not automatically
terminated upon discharge or separation in the following:
a. Case of fraud or embezzlement.
b. Where a discharge or separation is obtained through fraud, the discharge or
separation may be cancelled and the individual is arrested and returned to military
control.
c. Where a soldier's discharge or separation does not interrupt his status as a “person
subject to military law”.

When a person “subject to military law” commits or is charged with a serious military
offense, he/she shall be placed in confinement or in arrest as be deferred until
arraignment and failure to arrest or confine a person does not affect the jurisdiction of
court-martial.

The following classes of a person subject of military law shall be placed in arrest and
confinement as follows:

a. Enlisted person - by officers only in person, through other persons subject to

military law, or by oral written orders or communication.
b. Officers, Probationary Lieutenants, and Cadets - by Commanding Officers only a
person through other officers, or by oral and written orders or communication.
The authority to place such persons under arrest confinement can be not
delegated.

Where any person subject to military law is placed under arrest or confinement,
immediate steps are taken to either prefer charges against him with the view to bringing
him to trial and carry the case to a final conclusion, or dismiss the charges and
subsequently release him. But who may initiate or prefer the charge against an erring
military man. They are follows:

a. Anybody - whether subjects to military law or into, may give information to

military authorities concerned that an offense is supposedly committed by a
person subject to military law.
b. Any person subject to military law may prefer charges are against a military
offender although he is under arrest or confinement. (In minor cases, however, the
necessary information is brought to the attention of the immediate Commanding
Officer of the accused).
 Where no formal investigation is conducted, the charges are referred to an investigating
officer. This officer conducts the investigation to determine whether a prima facie case
exists. The report of investigation is submitted to the Staff Judge Advocate (SJA) for his
study and/or advice.

3. Role of Courts-Martial and other Tribunal

Courts-martial and other military tribunals generally exist to assist commanders in the
administration of military justice. Specifically, they are established to enforce discipline in the
Military Establishment and to serve as deterrents to the military to crimes and offense. And, by
the very nature of the conduct of trial, these court-martial tribunals hasten the administration of
military justice, let us look into the jurisdiction as to person, offense, and punishment of each of
the three (3) types of court martial to substantiate the contention just cited.

For instance a general court-martial has jurisdiction over all commissioned officers and other
persons subject to military law who commit an offense capital in nature and whose possible
sentence or punishment includes death, dismissal or dishonorable discharge from the service,
total forfeiture to pay and allowances, or confinement at hard labor. In the Philippines Navy, a
general court-martial can impose the following: deprivation of liberty on shore, solitary
confinement not exceeding to the thirty (30) days, and officers are subject for trials to a general
court-martial, this thought alone construes a moe tedious legal process to serve the ends of
justice. This compound by the nature of the offense and the punishment to be meted out
restriction to limit hard labor without confinement not exceeding three (3) months, and
reprimand, admiration, and demotion in rank. The proceedings conducted are not as tedious as
those for a general court-martial.

An entirely different case would be the trial by a summary court-martial where its proceeding are
much faster than those of the other types of court-martial. Since it has at least one (1) member
who seats as president. Trial Judges Advocate (TJA) and Defense Counsel (DC) at the same
time, and since its jurisdiction as to persons, offense and punishment is limited, summary court-
martial can try private, private first-class and NCOs below TSs for offense not capital in nature.
It can judge as follows: confinement from one (1) month, restriction to limits for the three (3)
months, and for the forfeiture or detention of ⅔ pay for one (1) month.

4. Punitive Articles of War

 Of the 120 articles of War, 52 are considered as the punitive because they specify that
punishment is to be imposed for each military offense committed. Articles of War 52 to 105,
inclusive, are the punitive articles of war and these are:

A. Crimes offenses that are similarly within the contemplation of the Revised Penal Code of
the Philippines.
B. Offenses that are strictly classified as purely military.

5. Article of war 105

This particular article of war empowers Commanding Officers of units to punish personnel under
them for minor offense without necessarily scarfing the ends of justice and military discipline.

Whether an offense is minor or serious one, it’s often a matter of judgement on the part of
Commanding Officers guided by the following factors: nature and circumstances attendant to the
offense, effect of the punishment on the unit as a whole, and manner by which the offense is
customarily punished in the military. Now, let us go back into those factors that offenseas serious
and not minor. The following are considered as serious military offenses:
A. Offenses involving moral turpitude.
B. Offenses with specific or mandatory punishment based on the punitive articles of war.
C. Crimes or offenses calling for the imposition of the death penalty.
D. Other offenses where the judgement or sentences of confinement in a penal institution is
called for.
Under Article of War 105, commanding officers are authorized to impose the following
penalties under their broad disciplinary powers.
a. Admonition
b. Reprimand
c. Suspension of privileges for a period not exceeding one (1) week.
d. Extra fatigue not exceeding one (1) week.
e. Hard Labor without confinement not exceeding one (1) week for privates.

Selected punitive Articles of War:

Article of War 54: Fraudulent Enlistment - any person who enlisted himself in a military service
by means of willful misrepresentation of his qualifications.
Article of War 62: Absence Without Leave - any person subject to a military law who fails to
report at the fixed time to the proper appointed place of duty.

Article of War 64: Disrespect towards Superior Officer - any person who is subject to military
law who disrespect his superior shall be punished as the court martial may direct.

Article of War 65: Assaulting or willfully disobeying a superior officer - any person subject to
military law who strikes his superior officer or lift up any weapon or offers any violence against
him.

Article of War 66: Insubordination conduct toward non-commissioned officer - any soldiers
who assaults, attempts or threatens to assault or willfully disobeys the lawful order of the officer.

Article of War 67: Mutiny of Sedition - any person subject to military law, who attempts to
create, excites causes or joins in any mutiny or sedition.

Article of War 86: Drunk on Duty - any officer/soldier found drunk on duty shall, if the offense
committed in time of war, be dismissed from the service and suffer such punishment as the court
martial may direct.

Article of War 93: Murder and Rape - any person subject to military law who commits murder
or rape in time of war shall suffer death or imprisonment for life, as the court martial may direct.

Article of War 96: Conduct unbecoming an officer and Gentleman - any officer, cadet flying
cadet or probationary second lieutenant, who is convicted of conduct unbecoming an officer and
a gentleman shall be dismissed from the service.

Article of War 105: Disciplinary Powers of Commanding Officers - the commanding officer of
any detachment, company, battalion or higher command as maybe authorized by the president,
may for minor offenses, impose disciplinary punishments to personnel in his command even
without conduct of court martial.