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Chapter 1
 SCOpe

INTRODUCTION

SOURCES OF MILITARY LAW

MILITARY JURISDICTION

SELECTIVE PUNITIVE ARTICLES

COURT MARTIAL
 INtrODUCtION

The military justice system was meant to

enable commanders to disposed
personnel problems in their units in the
m o s t e x p e d i t i o u s m a n n e r. S p e e d y
disposition of cases preserves discipline,
pro m o te s ju st i c e a n d e n h a n c e s t h e
attainment of the Commander’s mission.
 INtrODUCtION

In concept, the military justice

system is designed to enforce
discipline and administer justice in
the military service, and it is
composed of four (4) components:

1. Investigation - is the process

of looking into the circumstances
of a case for the purpose of
verifying and establishing the facts.
 INtrODUCtION
2. Prosecution - the
accusation of a crime
before a legal tribunal.
3. Trial or adjudication
- a legal action before
a judge and jury.
4. Judgment or
decision - punishment
given to the accused
who committed such
crime.
 INtrODUCtION

These same components

permeate (fill) two distinct
division of the system, namely:

1. Administrative cases - are

those that result in decisions not
involving penal sanctions and
may take such mild disciplinary
or instructive forms as
admonition, reprimand and the
like.
 INtrODUCtION

2. Punitive cases -
are those that result
in judgments of fine,
h a r d l a b o r,
deprivation of liberty
or combination of
these whenever guilt
of those involved are
proven.
 INtrODUCtION
The type of evidence and
degree of proof required
are also different for these
two categories.

Punitive cases require guilt

to be proven beyond
re a s o n a b l e d o u bt w h i l e
Administrative cases require
only preponderance
(occurrence) of evidence to
gain positive adjudication.
 SOUrCeS OF MILItarY LaW
Articles of War are set of
laws, known as
Commonwealth Act No.
408, was enacted by the
Philippine National
Assembly on 14 September
1938. Among others, the
Articles of War defines the
offenses punishable under
the law and prescribes the
corresponding punishment.
 SOUrCeS OF MILItarY LaW
Rules governing the
conduct of military
personnel and providing
for a method by which
persons be punished are
contained in the Articles
of War.
 MILItarY JUrISDICtION

Military jurisdiction
e m a n a t e s f r o m s e v e ra l
sources, among which are
the constitution of the
Philippines and International
Law. Military jurisdiction are
carried out by the following
agencies:
 MILItarY JUrISDICtION
1. Court-Martial - General, Special and Summary
 MILItarY JUrISDICtION
2. Commanding Officers in exercising their disciplinary
powers under AW 105.
 MILItarY JUrISDICtION
3. Court of Inquiry
 MILItarY JUrISDICtION
4. Military Tribunals or Commission
 MILItarY JUrISDICtION

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. To be more
specific, the term “persons subject to military
law” refers to the following:
 perSONS SUBJeCt tO MILItarY LaW

1. All officers and enlisted

personnel in the regular
force of the AFP.
2. All reservists from the
date of their call to active
duty and while on such
active duty.
3. All cadets of the PMA
and PAF Flying School, and
Probationary Lieutenants on
actual training.
4. All trainees undergoing
military instructions.
 perSONS SUBJeCt tO MILItarY LaW

5. Retainers to camp and

all persons accompanying
or serving with the AFP in
the field
in time of war or when
martial law is declared.
6. All persons under
sentence adjudged by a
court-martial or military
tribunal.
 pUNItIVe artICLeS OF War

Articles of war were promulgated

effective September 14, 1938
when the unicameral Philippine
National Assembly enacted
Commonwealth Act No. 408 which
became the basic law that gave
the guidance and operations of
the country’s Armed Forces, there
are 120 Articles, most of which are
lifted from US Uniform Code of
Military Justice.
 pUNItIVe artICLeS OF War

It is for this reason that

our articles of war had
the same substance as
the American Military
Code of 1928 which
was found applicable to
Philippine conditions.
 pUNItIVe artICLeS OF War
1. Article 54 -
Fraudulent Enlistment
2. Article 55 - Officer
Making Unlawful
Enlistment
3. Article 56 - False
Muster
4. Article 57 - False
Returns or Omission to
Render Returns
5. Article 58 - Acts to
Constitute Desertion
 pUNItIVe artICLeS OF War
6. Article 59 - Punishment for
Desertion
7. Article 60 - Advising or
Aiding Another to Desert
8. Article 61 - Entertaining a
Deserter
9. Article 62 - Absence
Without Leave
10. Article 63 - Disrespect
Toward the President, Vice
President, Prime Minister,
Chairman of the National
Assembly or Minister of National
Defense
 pUNItIVe artICLeS OF War
11. Article 64 - Disrespect
Toward Superior Officer
12. Article 65 - Assaulting
or Willfully Disobeying
Superior Officer
13. Article 66 -
Insubordinate Conduct
Toward Non-Commissioned
Officer
14. Article 67 - Mutiny or
Sedition
15. Article 68 - Failure to
Suppress Mutiny or Sedition
 pUNItIVe artICLeS OF War
16. Article 69 - Quarrels, Frays and
Disorders
17. Article 70 - Arrest or
Confinement
18. Article 71 - Charges, Action
Upon
19. Article 72 - Refusal or Receive
and Keep Prisoners
20. Article 73 - Report of Prisoners
Received
21. Article 74 - Releasing Prisoner
Without Proper Authority
22. Article 75 - Delivery of
Offenders to Civil Authorities
 pUNItIVe artICLeS OF War
23. Article 76 - Misbehavior
Before the Enemy
24. Article 77 - Subordinate
Compelling Commander to
Surrender
25. Article 78 - Improper Use of
Countersign
26. Article 79 - Forcing A
Safeguard
27. Article 80 - Captured
Property to be Secured for Public
Service
28. Article 81 - Dealing in
Captured or Abandoned Property
 pUNItIVe artICLeS OF War
29. Article 82 - Relieving,
Corresponding with or Aiding
the Enemy
30. Article 83 - Spies
31. Article 84 - Military
Property, Willful or Negligent
Loss
32. Article 85 - Waste or
Unlawful Disposition of Military
Property Issued to Soldiers
33. Article 86 - Drunk on Duty
34. Article 87 - Misbehavior of
Sentinel
 pUNItIVe artICLeS OF War

35. Article 88 - Personal

Interest in Sale of Provisions
36. Article 88A - Unlawfully
Influencing Action of Court
37. Article 89 - Intimidating
of Persons Bringing
Provisions
38. Article 90 - Good Order
to be Maintained and
Wrong Redressed
 COUrt MartIaL
Courts-martial and other
military tribunals generally
exist to assist commanders
in the administration of
military justice. Specifically
t h ey a re e sta b l i s h e d to
enforce discipline in the
military establishment and
to serve as deterrents to
military crimes and offenses
 tYpeS OF COUrt MartIaL
A. General Court Martial
Consist of any number of
members not less than five (5)
and by whom may be appointed
by the following: the President,
Chief of Staff of the AFP and when
empowered by the President, the
Commanding Officers of major
commands or task forces, division
regional commands, the
Superintendent of the Philippine
Military Academy, Commanding
Officers of separate brigades or
body of troops.
 tYpeS OF COUrt MartIaL
B. SPECIAL COURT MARTIAL
Consist of any number of
members not less than three (3).
The following may appoint special
court martial: Commanding
Officers of major commands, task
forces, regional commands or
divisions and when empowered by
the President, Commanding
O f f i c e r o f a ga r r i s o n , c a m p ,
b r i ga d e , re g i m e nt , d eta c h e d
b a tt a l i o n o r o t h e r d e t a c h e d
command or commissioned
vessel.
 tYpeS OF COUrt MartIaL
C. SUMMARY COURT MARTIAL
A n e nt i re l y d i ffe re nt ca s e
would be the trial by a summary court
martial where its proceedings are
much faster than those of the other
types of courts martial. Since it has at
least one member who sits as
president, trial judge advocate (TJA),
and defense council at the same time,
and since its jurisdiction as to person,
offense, and punishment is limited, a
summary court martial can dispose of
a certain case in the most expeditious
manner.
 MILItarY COMMISSION Or trIBUNaL

The commission or tribunal play

the same role as court-martial.
During martial law, which was in
effect throughout the country
from 1972 to 1981, these
commissions or tribunals tried
cases referred to them in the
same expeditious way. Even
civilians who committed offenses
not triable by courts martial fell
under the jurisdiction of these
special bodies whose proceedings
were in accordance with
procedural law.
 MILItarY COMMISSION Or trIBUNaL

A valid example of this

case is that of a Chinese
national who was accused
of drug pushing and
distribution and was
found guilty by a military
commission and meted
out the death penalty thru
musketry.