HEADQUARTERS

PHILIPPINE ARMY
Fort Andres Bonifacio, Metro Manila

G1/AAG 09 March 2016

PERSONNEL DIRECTIVE
NUMBER 01

DISPOSITION OF ADMINISTRATIVE CASES AND

IMPOSITION OF SANCTIONS

1. REFERENCES:

a. PD 1968, s-1968, Further amending AW 105 of Commonwealth

Act No 408, Otherwise known as “The Articles of War, Armed Forces of the
Philippines”, as amended by Republic Act Numbered 242 and 516.
b. EO No 178 dtd 17 December 1938, Otherwise known as A
Manual for Courts-Martial, AFP.
c. GHQ AFP Circular Nr 17, s-1987, Subject: Administrative
Discharge Prior to Expiration of Term of Enlistment.
d. GHQ AFP Circular Nr 01, s-2008, Subject: Enlisted Personnel
Promotion System in the Armed Forces of the Philippines.
e. GHQ AFP Circular No. 4 dtd 20 April 1986; Subject: Disciplinary
Powers of the AFP Commanding Officers Under Article of War 105 and the Manual
for Courts-Martial, AFP.
f. GHQ AFP Circular Nr 6, s-2001, Subject: Administrative Cases
against Civilian Personnel in the AFP.
g. HPA Personnel Directive Nr 1, s-2008, Subject: Disposition of
Administrative Cases and Imposition of Punishment.
h. HPA Personnel Directive No. 01 dtd 22 January 1993; Subject:
Disposition of Cases/Imposition of Administrative Punishment.
i. HPA Personnel Directive No. 1 dtd 30 August 2013; Subject:
Disposition of AWOL cases.
j. HPA Letter Directive dated 01 Jan 2013, Subject: EP Promotion
System in the Philippine Army (Amended).
k. HPA Letter Directive dated dtd 30 April 2008, Subject:
Procedure in the conduct of PAESB Hearings.
l. HPA Standard Operating Procedure Nr 05 dated 10 Sep 2008
(Standard Operating Procedure of Incorporating Pending and Resolved Cases in the
SOI).
m. HPA Personnel Directive No. 1 dtd 27 February 2007; Subject:
Disposition of AWOL cases.

1 of 31 | P a g e
 n. HPA Letter Directive dated 16 Nov 2006, Subject: Measures to
Free PA Personnel from “Financial Hazing”.
o. HPA Letter Directive dtd 18 Jan 2001, Subject: Speedy
Disposition of Pending Case.

2. PURPOSE:

This directive prescribes the policies and standards that shall establish
uniform procedure and guidelines in the disposition of administrative cases and the
imposition of sanction/s against erring personnel of the Command.

3. DEFINITION OF TERMS:

a. Unit Commanding Officer – When used in this directive, will

include the following: Platoon Leader, Company Commander, Battalion Commander,
Brigade Commander, Division Commander or their equivalent.

b. Discharge Authority – Refers to the appropriate commanders

who may order the discharge of enlisted personnel assigned to their respective
unit/commands. In the Philippine Army, Discharge Authority includes the following
commanders: Commanding General, PA; Division Commanders or their equivalent;
and other unit commanders whose staff includes Staff Judge Advocate.

c. Demotion Authority - Refers to the appropriate commanders

who may order the demotion of enlisted personnel assigned to their respective
unit/commands. In the Philippine Army, Demotion Authority rests with the
Commanding General, PA and Commanders with delegated promotion authority.

d. Minor offenses – Refers to acts or omissions punishable by

authorized punishments ranging from admonition to demotion (See Annex “A”)

e. Less grave offenses – Refers to acts or omissions punishable by

authorized punishments ranging from demotion to discharge under honorable
condition, and/or separation from the service in case of Officers. (See Annex “B”)

f. Grave offenses – Refer to acts or omissions punishable by

discharge from the service without honor or separation from the service in case of
Officers. (See Annex “C”)

g. Discharge under honorable condition – Refers to the discharge

of an enlisted personnel which entitles him/her of furlough and other benefits incident
to an honorable separation from the service.

h. Discharge without honor – Refers to the discharge of an enlisted

personnel which deprive him/her of furlough and other benefits incident to an
honorable separation from the service.

i. Laches, Doctrine Of - Based on the maxim that equity aids the

vigilant and not those who procrastinate regarding their rights; Neglect to assert a

2 of 31 | P a g e
right or claim that, together with lapse of time and other circumstances, prejudices an
adverse party. Neglecting to do what should or could, have been done to assert a
claim or right for an unreasonable and unjustified time causing disadvantage to
another.

j. Summary Investigation – The investigation conducted by an

Officer within the first level of command.

k. Moral Certainty – It is the diligence expected from a good father

of a family, exercising justice, equality and impartiality in all his decisions.

l. Discharge or Separation from the Service – Refers to the

discharge of EP pursuant to GHQ Circular 17 dated 02 October 1987 or separation
of officers from the service by virtue of the application of the provisions of EO 337
and/or AW 117.

m. Appeal – Request, usually by a party losing a case in a lower

command to a higher (appellate) command, to reverse or modify the lower
commands’ decision.

n. Pending Case – There is pending case upon finding of probable

cause by the Investigating Officer (at the PAMU) that an offense was indeed
committed by the erring personnel. (refer to HPA Directive dated 26 Sep 2008;
Subject: Definition of a Pending Case)

For purposes of promotion, refer to para 4 (POLICIES).

o. Investigating Officer – Commissioned Officer, preferably with

rank higher than that of the respondent, or NCO provided that the rank of the NCO
investigator is higher than the rank of the respondent.

p. Probable Cause – Such reasons, supported by the facts and

circumstances, as will warrant a cautious man in the belief that his action and the
means taken in prosecuting it are legally just and proper. There are sufficient facts to
believe that the person charged might have committed the offense imputed against
him.

q. Substantial Evidence – It means such relevant evidence as a

reasonable mind might accept as adequate to support a conclusion.

r. Newly Discovered Evidence – Refers to that which (a) is

discovered after investigation/administrative proceedings; (b) could not have been
discovered and produced during the proceedings even with the exercise of
reasonable diligence; (c) is material, not merely cumulative, corroborative or
impeaching; and (d) is of such weight that it would probably change the
resolution/disposition of the case if admitted.

3 of 31 | P a g e
 4. POLICIES:

a. Affidavits of Desistance/Retraction/Recantation: (Alonte vs

Savellano Jr, GR No 131652, March 9, 1998)

1) To recant means to withdraw or repudiate formally and

publicly; to renounce or withdraw a prior statement.

2) To retract means to take back; to retract an offer is to

withdraw it before acceptance.

3) A recantation usually applies to a repudiation by a

complainant or a witness who has previously given a statement.

4) Mere retraction by a witness or by complainant of his or

her testimony does not necessarily vitiate the original testimony or statement, if
credible. The general rule is that retractions of testimonies previously given are
looked upon with disfavor. The reason is because affidavits of retraction can easily
be secured from poor and ignorant witnesses, usually through intimidation or for
monetary consideration. Moreover, there is always the probability that they will later
be repudiated and there would never be an end to cases.

5) However, the affidavit should not be peremptorily

dismissed as a useless scrap of paper. A retracted statement must be subject to
scrupulous examination. The previous statement or testimony and the subsequent
one must be carefully scrutinized. In short, only where there exists special
circumstances in the case which when coupled with the retraction raise doubts as to
the truth of the testimony or statement given, can a retraction be considered and
upheld.

6) An affidavit of desistance is understood to be a sworn

statement executed by a complainant that he or she is discontinuing the action filed
upon his or her complaint for whatever reason he or she may cite.

7) No persuasive value is attached to a desistance

especially when executed as an afterthought. However, as in retractions, an affidavit
of desistance calls for a reexamination of the records of the case.

b. Appreciation of Evidence:

1) For arrest, action under A.W. 105 or investigation to take

place, a showing of probable cause is all that is needed.

2) Substantial evidence is needed to establish

administrative liability.

3) For GCM cases, in the conduct of pre-trial investigation

(pre-hearing), prima facie evidence should be appreciated; and for conviction, proof
beyond reasonable doubt.

4 of 31 | P a g e
 4) For ESB Cases, in determining an officers’ suitability or
fitness to remain in the service, the Board shall weigh the officers’ proficiency,
experience, accomplishment, attitude, ability, character and general value to the
service. Due weight shall be given to such findings and recommendations of the
Board pursuant to RA No. 291, as amended, as they have bearing on the officer’s
fitness for retention in the service. No weight shall be attached to any political,
social, financial or any other factor not military in nature.

c. AWOL cases shall be disposed of in accordance with Personnel

Directive No. 1 dtd 30 August 2013; Subj: Disposition of AWOL Cases in relation to
this Directive on the imposition of sanctions.

d. Admonition or Reprimand – when imposed as punishment under

AW 105, it should be clearly indicated that it is imposed as a punishment under that
article. It has to be distinguished from one that is imposed as purely administrative
measure under Section 105d of the Manual for Courts Martial. An admonition or
reprimand may be imposed in lieu of or combined with other punishments authorized
under AW 105.

e. Biased Decisions/Investigations: Investigators and/or approving

authority who in the conduct of their investigations/decision are found to be willfully
biased, partial or in bad faith shall be likewise subjected to administrative sanction/s
equal or commensurate to the punishment imposed to the respondent. A re-
investigation shall then be conducted by the next higher level of Command.

f. Civilian Employees: Cases concerning Civilian Employees shall

be governed by Circular 6, series 2001 Subject: Administrative Cases against
Civilian Personnel in the AFP, (ref. g.) in relation to the Civil Service Law, PD Nr.
807.
g. Complaints/Reports – The following conditions shall trigger the
conduct of investigation/s:

1) As directed by Higher Headquarters;

2) As personally determined by the investigating
Officer/Authority; and,
3) Upon the filing of a valid complaint (includes valid
anonymous complaint) by any party, (military or civilian, natural or juridical).

h. Demotions: Demotions of enlisted personnel shall be based on

the delegated promotion authority of Major Unit Commanders pursuant to the policy
on Enlisted Promotion System of the AFP/PA.

i. Due Process: Administrative proceeding is summary in nature.

The Command does not countenance the imposition of administrative punishment to
erring military personnel without due process of law. Nor does it abet the dismissal
and dropping of cases against military personnel without giving the complainant the
chance to substantiate his/her claim or allegations. Copies of affidavits, documentary
evidence, stenographic notes, investigation reports and the written notice of
resolution (except documents concerning internal communications between

5 of 31 | P a g e
staffs/commander such as DFs, or documents concerning national security and
public interest) shall be furnished to the respondent and to the complainant by the
Officer/Unit investigating/deciding the case. In no case shall any Unit or Officer
concerned refuse to provide the respondent/complainant any of the documents
stated.

j. Discharge Orders:

1) Discharge orders of Enlisted Personnel who timely filed

their appeals shall be subject to confirmation by the Commanding General, PA.

2) All discharge orders of Enlisted Personnel shall be

subject to characterization by the Commanding General, PA. Characterization of
discharge is either Honorable or Without Honor and the ground must be stated
pursuant to Cir Nr 17, s-1987 (ex. Under Honorable Condition due to unsuitability or
Without Honor due to an established pattern for deliberate failure to pay just debts).
If the gravity of the offense warrants no re-entry or the ground is “For the Good of the
Service”, the Honorable Discharge Order must be qualified with “with prejudice to re-
entry”.

3) If the appropriate punishment for the acts or omissions

committed is discharge from the service, unit commander/discharge authority
concerned shall cause the issuance of discharge orders and effect the discharge
from the service of the erring enlisted personnel.

k. Delays and Inaction: Any commanding officer/investigating

officer who refuses to act or delays action on a valid complaint against a person
under his command/authority, or refuses or delays to impose punishment when
warranted by the evidence, or otherwise aid or abets the wrongdoing of a
subordinate shall be subjected to action under AW 105 by his immediate superior
officer or punished as the courts-martial may direct.

l. Determination of Gravity of Offense: Gravity of offenses shall be

determined depending upon its nature, the time and place of its commission, the
person committing it, the offended party and other circumstances surrounding its
commission. Upon the determination of probable cause, the investigating officer (of
cognizant offices) may, based on delineation of functions, recommend for the
elevation of the case to the following offices/board:

1) OESPA – for grave acts related to violations of RA 3019

(Anti Graft and Corrupt Practices Act), RA 6713, Domestic-related Offenses, AW95,
Rape and Sexual Harassment, Sexually-related cases (Pers Dir Nr 4 dtd 26 Aug
2008); (See para 5.c.4)d) for treatment of cases falling under the jurisdiction of the
Office of the Ombudsman)

2) APM (PM) – for cases of personnel misbehavior and

misconduct (Common Offenses/Crimes);

6 of 31 | P a g e
 3) AIG (IG) – for all cases involving unit discipline, mission
performance, utilization of resources, morale of the unit, and efficiency of the unit;
and

4) PAESB for misconduct (PM) or inefficiency of Officers as

covered by EO 337 and GHQ Circular 13 dtd 11 Aug 00 subject to the approval of
the CG, PA.
5)
m. Effect of Death: Death of the respondent/s prior to the final
resolution of his case shall have the effect of exoneration from administrative liability.

n. Jurisdiction: If a Unit Commanding Officer or its equivalent

determines that he has no authority to make a proper disposition of a case against
military personnel under his command, he shall refer the same, to include his
findings and recommendation to a superior commander in the chain of command for
appropriate disposition. In no case shall a Commanding Officer, dispose of a case
which is not within his jurisdictional authority. (Note: Take into consideration the
MOA with the Office of the Ombudsman in determining jurisdiction and making
the recommendation on the disposition of the case)

o. Inapplicability of Double Jeopardy:

1) The imposition and enforcement of administrative

punishment for any act or omission under this directive shall not bar trial by ESB,
court martial or before the civil court for a serious criminal offense arising out of the
same act or omission. (Example: Imposition of reprimand/admonition (administrative
or punitive) shall not prevent the case to be elevated for ESB, GCM or Civil court
proceedings.)

2) Although Double Jeopardy, as a procedure, does not lie

in administrative cases, the principle behind, if not observed, would be contrary to
equity and substantial justice if the respondent will be penalized for an act which he
has already answered for (De Vera vs Layague, Admin Matter No. RTJ-93-986).
However, upon review of the case on appeal, and substantial evidence shows that
the initial penalty imposed is not commensurate to the offense as charged,
imposition of the commensurate punishment shall be allowed.

p. Investigators: As a general rule, investigators shall be of higher

rank than the personnel being investigated. In investigating Enlisted Personnel with
the rank of Sgt (E-4) and below, an Enlisted Personnel two (2) ranks higher shall
conduct the investigation. In investigating Enlisted Personnel with the rank of SSg
(E-5) and above, the investigator shall be a commissioned officer. Investigation
teams should be headed by an Officer of senior rank than that of the person under
investigation. In no case shall an enlisted personnel investigate an officer. (Ex. If the
offender is a Cpl [E-3], the investigator must at least be a Sgt[E-4])

q. For purposes of promotion, pending case refers to the formal

referral of the case to the ESB or GCM (SOP Nr 10); or the filing of Criminal

7 of 31 | P a g e
Information in a civil court. The latter is subject to evaluation of a Selection Board as
to its weight as impediment for promotion.

r. Punishment under AW 105 shall be reflected in the Unit

punishment book, MPF, DLOIS and SOI of the erring personnel and thereafter the
case shall be considered closed.

s. Res judicata / Prior Judgment: Prior judgment of administrative

cases shall bar the prosecution of the same case, involving the same parties, same
cause/s of action and before the same disciplinary jurisdiction.

t. Relief of Personnel: Relief from Unit Assignment shall not be

interpreted as punishment. The respondent/s for less grave and grave offenses shall
be relieved from his/her present position and placed a/u with the Headquarters
Service Bn/Coy of the Major Subordinate Unit for the purpose of investigation. For
cases referred to ESB and GCM at HPA, the respondent shall be placed a/u HHSG,
HPA.

u. Referred cases from HPA to Major Subordinate Units (PAMUs):

Referred cases for investigation and resolution shall be addressed and resolved by
concerned Major Subordinate Units within the period specified in paragraph 6 hereof,
or as directed by the referring authority. The resolution of the case together with a
copy of the complete case records shall be forwarded to the referring Office within
five (5) days from the date of resolution. Failure to comply with this provision, without
justifiable reason, shall be a ground for imposition of punishment such as
reprimand/admonition to concerned offender. A notice of the order of finality/action
taken shall be forwarded, thru channel, to the referring Office (Civilian or Military).

v. Status of cases:

1) Dropped Case – It is a disposition laid down by an

investigating office on a complaint filed before it and clearing the same as dropped
because of but not limited to the following instances:

a) Lack of Jurisdiction;
b) Lack of sufficient evidence;
c) Charges are unfounded, unmeritorious or lacks
legal basis; and/or,
d) The case was already previously resolved.

2) Closed Case – The case is considered closed when after

investigation and final judgment, the accused has been exonerated, convicted or
acquitted by competent authority.

3) Dropped and Closed Case – The case is considered

dropped and closed when after investigation and final judgment, the accused is
exonerated due to instances as enumerated in para 4v1) above.

8 of 31 | P a g e
 4) Resolved Case – The case has been decided by
competent authority with finality.

5. PROCEDURES:

a. Minor Offenses

1) Conduct of Investigation:

a) Whenever a unit commander, directed by higher

headquarters, or has determined personally that there exist sufficient grounds to
believe that personnel, within his command, committed acts or omissions punishable
under AFP/PA policies and directives shall immediately cause the conduct of
Summary Investigation, by himself or by any officer or senior NCO under his
Command as allowed under this policy. Such investigation shall be completed within
seven (7) days reckoned from the date the report came to his attention.

b) Board action is not required. Nevertheless, the

respondent personnel shall be given the opportunity to be heard, to present evidence
in his behalf and to refute evidence against him (as far as practicable written
explanation shall be required). Where the respondent personnel refuses or fails
without justifiable reason to appear, be heard or present evidence in his behalf, the
investigating officer shall take note of this fact and shall complete his investigation
with the reception of all pertinent and competent evidence and submit his findings
and appropriate recommendation to the next higher level of command. No personnel
shall be investigated in absentia.

2) Resolution

a) Basing on the aforesaid findings and

recommendation of the investigating officer, the unit commander concerned shall
determine whether the case and/or the appropriate sanction or punishment are
within his authority. If within his authority, unit commander concerned shall decide
and impose the appropriate sanction or punishment. If the unit commander
concerned finds that the appropriate sanction or punishment for the offense
committed is not within his authority, he must endorse it, together with all the records
and his recommendation, to his immediate superior commanding officer for the
latter’s appropriate action.

b) A notice in writing shall be served to the

respondent prior to the implementation of the punishment/penalty imposed except for
reprimand or admonition. A receipt shall be provided to this effect. Such documents
shall form part of the Unit punishment records.

3) Review: The superior commanding officer may review the

case or directs the conduct of re-investigation for the purpose of arriving at a fair
decision.

9 of 31 | P a g e
 4) Subordinate Units may convene their own Summary
Courts Martial to hear minor offenses as covered by the Articles of War.

b. Less grave offenses

1) Conduct of Investigation:

a) Whenever a unit commander, directed by higher

headquarters, or has determined personally that there exist sufficient grounds to
believe that a personnel, within his command, committed acts or omissions
punishable under AFP/PA policies and directives classified under less grave
offenses shall immediately cause the conduct of Summary Investigation, by himself
or by any officer under his Command. Such investigation shall be completed within
seven (7) days reckoned from the date the report came to his attention.

b) Board action is not necessary; however, the

respondent personnel shall be given the opportunity to be heard, to present evidence
in his behalf and to refute evidence against him (as far as practicable - written
explanation). The refusal or failure to appear without justifiable reason, after due
notice, shall constitute as a waiver to present evidence in his behalf. Where the
respondent personnel refuses or fails without justifiable reason to appear, be heard
or present evidence in his behalf, it shall be interpreted as a waiver. The
investigating officer shall take note of this fact and shall complete his investigation
with the reception of all pertinent and competent evidence and submit his findings
and appropriate recommendation to the next higher level of command. No personnel
shall be investigated in absentia except in cases of AWOL or desertion or in cases
where physical control is not effective.

2) Resolution:

a) Basing on the aforesaid findings and

recommendation of the investigating officer, the unit commander concerned shall
determine whether the case and/or the appropriate sanction or punishment is within
his authority. If within his authority, unit commander concerned shall decide and
impose the appropriate punishment (in case of discharge, it will be subject to CG,
PA’s confirmation [for timely filed appeals] and characterization [for all other
discharge orders]). If the unit commander concerned finds that the appropriate
punishment for the offense committed is not within his authority, he must indorse the
same, together with all the records and his recommendation, to his immediate
superior commanding officer for the latter’s appropriate action.

b) A notice in writing shall be served to the

respondent prior to the implementation of the sanction or punishment imposed. A
receipt shall be provided to this effect. Such documents shall form part of the Unit
punishment records and case folder.

3) Review: The superior commanding officer may review the

case or directs the conduct of re-investigation for the purpose of arriving at a fair
decision.

10 of 31 | P a g e
 4) Major Subordinate Units may convene their own Special
Courts Martial to hear less grave offenses as covered by the Articles of War.

c. Grave offenses

1) Conduct of Initial Investigation: Whenever a unit

commander, directed by higher headquarters, or has determined personally that
there exist sufficient grounds to believe that a personnel, within his command,
committed acts or omissions punishable under AFP/PA policies and directives
classified under Grave offenses shall immediately cause the conduct of Summary
Investigation, by himself or by any officer under his Command. Such investigation
shall be completed within seven (7) days reckoned from the date the report came to
his attention.

2) The Commanding Officer or investigating officer shall

determine whether the case falls under the following:

a) GCM
b) ESB
c) A.W. 105
d) Circular 17 (EP)
e) Circular 6 (CE)
f) Office of the Ombudsman

3) If the case falls under A.W. 105 and/or Circular 17, and
the appropriate punishment is within his authority as prescribed, the unit commander
concerned shall decide and impose the appropriate punishment.

4) Referral:

a) If the case falls under the jurisdiction of the GCM,

the unit commander shall recommend or cause the convening of a GCM and forward
the case for the conduct of Pre-Trial Investigation. Major Subordinate Units may
convene their own General Courts-Martial to try Grave Offenses punishable under
the AW.

b) If the case falls under the jurisdiction of the ESB,

the unit commander shall forward the case (thru Channel) to CG, PA (Attn: G1) for
appropriate disposition. (Annex “F” – Grounds for referral to the PAESB)

c) Cases falling under the jurisdiction of civil courts

pursuant to RA 7055 shall be forwarded by PA Major Unit Commanders to the
nearest appropriate civil authorities for the prosecution of the criminal aspect of the
case. This action, however will not bar the command in ordering the conduct of
appropriate investigation for the purpose of determining the administrative liability of
the erring personnel. The crimes and offenses denounced in A.W. 65, 67, 68, and 93
are capital at all times; those denounced by A.W. 59,60,76-79,82, 83, and 87 are
capital if committed in time of war. (Page12, Manual for Courts-Martial, AFP)

11 of 31 | P a g e
 d) Cases falling under the jurisdiction of the Office of
the Ombudsman (OMB) shall be forwarded to the Office of the Ethical Standards and
Public Accountability (OESPA) for recording and endorsement to the Office of the
Deputy Ombudsman for the Military and Other Law Enforcement Agencies (OMB-
MOLEO).

5) In all cases, the respondent personnel shall be given the

opportunity to be heard, to present evidence in his behalf and to refute evidence
against him. The refusal or failure to appear without justifiable reason, after due
notice, shall constitute as a waiver to present evidence in his behalf. Nonetheless,
the investigating officer shall take note of this fact and shall complete his
investigation with the reception of all pertinent and competent evidence and submit
his findings and appropriate recommendation.

6) PA Major Unit Commanders shall direct their respective

investigating offices as appropriate, to conduct investigation or reinvestigation of all
grave offenses.

d. Request for Reconsideration and Appeals - Personnel

administratively punished who considers his punishment unjust or disproportionate to
his offense may request for reconsideration to the imposing unit prior appeal,
through proper channel, to the next superior authority, but may in the meantime be
required to undergo the punishment adjudged. As a general rule, request for
reconsiderations or appeals on decided cases should be submitted within thirty (30)
days reckoned from the date when formal notice is given to the respondent/offender
for the imposition of punishment. However, the period to appeal will be stalled by the
submission of the request for reconsideration. It shall run again after the termination
of the 30 days period for the request for reconsideration. Only one appeal is
allowed.

1) Minor offenses – Appeals for decided cases should be

forwarded to the next higher level of command within thirty (30) days reckoned from
the date when formal notice (if practicable, written notice of the outcome of
investigation/decision with reasons why such punishment should be imposed) is
given to the respondent/offender for the imposition of punishment.

2) Grave and Less grave offenses – A person punished by

demotion/discharge or separation from the service who deems that the same is
unjust or disproportionate to the offense may appeal to the Commanding General,
Philippine Army for the nullification of his/her demotion or discharge order, not later
than thirty (30) days reckoned from the date when formal written notice is received
by the demoted or discharged personnel from the Adjutant of the
demoting/discharging authority (Annex “G” Notice of Demotion/Discharge Form).
Adjutants of PA Major Units shall furnish a copy of the delivery receipt of the
demotion or discharge orders and other allied documents (Affidavits, Investigation
Reports, Documentary evidence) to G1, PA (Attn: Chief, DLO Br) An appeal not
made within the aforesaid prescribed period, without any justifiable reason/s, will be
rejected and the character of discharge shall merely be determined. Appeals for
nullification of discharge orders which are based on newly discovered evidence shall

12 of 31 | P a g e
be filed within five (5) years reckoned from the date of publication of the discharge
order.

3) Appeals shall be in writing and shall include a brief signed

statement of the reasons citing the punishment as unjust or disproportionate and the
provisions of the regulations relied upon.

4) In considering the appeal, the superior authority or the

Commanding General, Philippine Army is not limited to an examination of any written
matter comprising the record of proceedings and may make inquiries he deems
necessary and desirable.

5) After having considered the appeal, the superior authority

or the Commanding General, Philippine Army will transmit the papers, through
channels, to the appellant/s to inform him/her of the disposition of his appeal.

6) An appeal not made within the prescribed period, shall be

rejected by the next superior authority. A notice of denial of the appeal shall also be
furnished to the appellant (Annex “E” – Notice of denial of appeal). Similar
appeals filed after denial is deemed a mere scratch of paper not subject to any
further action.

6. PERIOD OF DISPOSITION OF CASES: Disposition refers to the

process of resolving a case of a Proper Disposing Authority. It starts from the time of
receipt of complaint/report and covers the period of the conduct of investigation until
the final resolution of the case. Proper Disposing Authority shall dispose cases within
the following periods:

a. Minor Offenses – 15 days

b. Less Grave Offenses – 30 days
c. Grave Offenses – 45 days

7. REPORTING SYSTEM: PA Major Units’ periodic reports regarding the

disposition of cases (containing the names, number, nature, status,
recommendation, and/or action taken of Units) shall be forwarded to CG, PA (Attn:
G1) on a monthly basis following the attached format (Annex “H” – Periodic Report
on the Disposition of Cases).

8. ESTOPPEL BY LACHES: Legal ban arising where a party negligently

or unreasonably delays asserting a claim. Inaction (prosecution) by the private
offended or reporting party within a period of time reckoned from the commission or
discovery of the offense. Complaints, other than unit initiated, filed after the periods
as indicated herein shall be out rightly (no investigation needed) dismissed:

a. Minor Offenses – six (6) months

b. Less Grave - one (1) year
c. Grave Offenses – two (2) years, except for desertion, murder,
rape, mutiny, or war offenses, and other cases under the RPC with respective
prescriptive periods.

13 of 31 | P a g e
 9. RESCISSION: All publications that are inconsistent with the provisions
of the stated references and this directive are hereby rescinded.

10. EFFECTIVITY: This Directive shall be effective upon publication.

BY COMMAND OF LIEUTENANT GENERAL AÑO:

ORIGINAL SIGNED
LUIS VINCENT A TACDERAS
Colonel, GSC (INF) PA
Army Adjutant

Annexes:

“A” – List of Minor Offenses

“B” – List of Less Grave Offenses
“C” – List of Grave Offenses
“D” – Table of Administrative Dispositions for Various Offenses
“E” – Notice of Denial of Appeal
“F” – Grounds for Referral to the PAESB
“G” – Notice of Demotion/Discharge
“H” – Periodic Report on the Disposition of Cases
“I” – Standardization of Table of Punishment of AWOL Cases
“J” – Delineation of Jurisdiction between the AFP and the Office of the Ombudsman

DISTRIBUTION
“E”

14 of 31 | P a g e
Annex “A” (List of Minor Offenses)

MINOR OFFENSES

Acts or omissions punishable by authorized punishment under AW 105. Whether

or not an offense is considered as “minor” depends upon its nature, the time and place
of its commission, the person committing it, and other circumstances. An offense for
which the Articles of War prescribe a mandatory punishment of dishonorable discharge
or discharge without honor, or penitentiary confinement is not a minor offense. It
includes but not limited to the following:

a. Advising, persuading or assisting AWOL.

b. AWOL for thirty (30) days or less, provided that the same is the first offense.
c. Failure to perform a specific duty or task.
d. Using threatening or insulting language or behaving in an insubordinate or
disrespectful manner toward a non-commissioned officer.
e. Drunk or taking intoxicating liquor while on duty.
f. Sleeping on post while performing garrison duty.
g. Willfully destroying government property which cost is less than (P1,000.00).
h. Non-support to legitimate dependents.
i. Non-payment of just debt (not constituting pattern).
j. Failure to salute a commissioned officer.
k. Indiscriminate firing while not under the influence of liquor provided that the
same does not cause alarm or scandal.
l. Bringing issued firearm out of camp without proper authority.
m. Homosexual tendencies, desires or interest unaccompanied by overt
homosexual acts.
n. All other acts or omissions constituting breach of discipline not falling under the
categories of less grave and grave offenses.

OTHER MINOR OFFENSES –

a. Accepting an offer to perform or performing military duties for and in

behalf of another in exchange of monetary or other unauthorized
considerations.
b. Bringing out of military property/ies, supplies, materials, and/or
equipment without proper authority.
c. Chewing gum in public while in formation or in uniform.
d. Cruelty against animals. (Republic Act No. 8485, The Animal Welfare
Act of 1998)
e. Delays and inaction to investigate prosecute or decide minor or less
grave cases.
f. Drinking intoxicating liquor while inside military offices or military
barracks.
g. Discrimination as to race, religion, beliefs, gender, organization.
h. Discharge of firearms through negligence.
i. Fraternization, i.e. undue familiarity between superiors and
subordinates disregarding military ranks.
j. Failure to observe due telephone courtesy.
k. Failure to control the behavior/s of his/her dependents inside camp.
l. Gambling inside camp.

15 of 31 | P a g e
m. Traffic violations inside camp.
n. In lieu of a salute, failure to greet a superior upon recognition.
o. Keeping of “strikers” (military applicants) for personal interest or
advancement.
p. Membership with unauthorized organizations.
q. Not wearing of headgear while outdoor.
r. Not wearing helmets by motorcycle riders.
s. Non support to illegitimate dependent.
t. None observance of RHIP.
u. Playing card games inside military offices.
v. Offering/giving monetary or other unauthorized considerations to
perform military duties for his behalf.
w. Partiality in the conduct of investigation and in resolving cases. (Gravity
is determined by the nature of the offense being investigated)
x. Playing computer games during office hours.
y. Refusal to submit oneself for inspection and verification by
sentinel/guard.
z. Smoking while in uniform outdoors, except in designated smoking
areas.
aa. Smoking inside military installations or buildings other than the
designated smoking areas.
bb. Sleeping during office hours.
cc. Spitting in public.
dd. Sporting unauthorized haircut/mustache.
ee. Sporting tattoo.
ff. Urinating in unauthorized areas.
gg. Using his/her position or office/office hours to engage in minor
business.
hh. Using penile implants.
ii. Using defamatory or insulting language towards a civilian.
jj. Utilizing military personnel for personal interest or advancement or
other than the subject’s prescribed duties and responsibilities.
kk. Violation of camp, barracks, quarters, office, transient facilities rules
and regulations other than traffic violations.
ll. Wearing incomplete uniform.
mm. Wearing unauthorized badges, insignias and uniforms.
nn. Other acts or omissions analogous to the above circumstances.

16 of 31 | P a g e
Annex “B” (List of Less Grave Offenses)

LESS GRAVE OFFENSE

Acts or omissions punishable by penalties ranging from demotion to discharge

under honorable condition in the case of EP or referral to the ESB in case of Officers. It
includes but not limited to the following:

a. AWOL for more than thirty (30) days but less than ninety (90) days.
b. Committing any of the offenses falling under the category of “minor
offense” twice or more.
c. Indiscriminate firing under the influence of liquor but not causing alarm
or scandal.
d. Willfully destroying government property costing more than one
thousand pesos (P1,000.00) but less than five thousand pesos
(P5,000.00).
e. Using threatening or insulting language or behaving insubordinate or
disrespectful manner toward a commissioned officer.
f. Chronic alcoholism or addiction to alcohol without overt acts of
misconduct or disorder.
g. Abandonment and non-support of legitimate family not coupled with
immorality.
h. Homosexual tendencies, desires or interest accompanied by overt
homosexual acts.
i. Sleeping on post while on field duty.
j. Pawning or accepting ATM card to secure loan.
k. Pregnancy out of wedlock for female enlisted personnel.
l. All other acts or omissions involving disorders and neglects prejudicial to
good order and discipline.
m. Conducts which bring discredit upon the military service provided the
same is not included within the category of grave offense.

OTHER LESS GRAVE OFFENSES –

a. Appropriating as his/her own property/ies or items recovered from any

military operations.
b. Breeding or possessing fighting cocks inside camp.
c. Driving under the influence of liquor.
d. Failure to render garrison duty due to drunkenness.
e. Failure to enforce and/or implement camp rules, regulations and
policies by concerned personnel.
f. Failure to return government property (unit property) upon relief from
unit.
g. Failure to maintain and update (non-entry of newly acquired/procured
items) unit property book, cash book, or punishment book.
h. Financial whacking to trainees/students.
i. Introducing a person not his/her spouse as his/her legal spouse. A
married personnel introducing him/herself as single and courting a
potential partner.
j. Loss of records/documents due to willful/negligence of custodian.

17 of 31 | P a g e
k. Presence inside cock fighting arenas and/or Engaging in cock fighting.
l. Releasing or possessing military documents without proper authority.
m. Rendering, fabricating and disseminating false information/reports.
n. Selling or giving military supplies not involving ammo and armament to
civilians. Harassing or challenging the authority of the guard on post.
o. Soliciting favor from politicians for personal advancement.
p. Spreading rumors/gossips against anybody. Enlisted personnel making/
facilitating fraudulent enlistment.
q. Using military issues, supplies, facilities or equipment other than its
intended purpose/s.
r. Using his/her position or office/office hours to engage in major business.
(Moonlighting)
r. Other acts or omissions analogous to the above circumstances.
s. Committing the same offense falling under the category of “minor
offenses” twice in a span of five (5) years.

18 of 31 | P a g e
Annex “C” (List of Grave Offenses)

GRAVE OFFENSE

Acts or omission punishable by dishonorable discharge from the service, in case

of EP, separation of Officers through AW117 (for AWOL cases), referral to the
ESB/GCM/Ombudsman for Officers. It includes but not limited to the following:

a. AWOL for more than ninety one (91) days and trial by court martial is
deemed inadvisable.
b. Assaulting a commissioned or noncommissioned officer.
c. Indiscriminate firing committed under the influence of liquor and causing
alarm and scandal.
d. Commission of overt homosexual act and other acts of sexual
perversion.
e. Maintaining sexual relation with a woman/man other than his/her
legitimate spouses.
f. Commission of any less grave or grave felony/crime punishable under
the Revised Penal Code, special penal laws and municipal and city
ordinances.
g. Willfully destroying government property costing more than five
thousand pesos (P5,000.00).
h. Failure to tactical/operational duty due to drunkenness.
i. Selling or giving military supplies involving ammo and armament to
civilians.
j. Any specific act of misconduct, disorder or neglect which brings discredit
to the Philippine Army in particular and the AFP in general.

ADDITIONAL GRAVE OFFENSES –

a. Deliberate alteration of material entries on military records.

b. Failure to take action or report knowledge of presence of insurgents/
enemy to proper authorities on time.
c. Intentional/deliberate loss of records by custodian.
d. Maintaining illicit relationship other than his/her legal spouse.
e. Releasing classified information/documents to unauthorized persons
Squatting or facilitating/allowing/aiding squatters inside military
reservations.
f. Commission of acts of violence enumerated in RA 9262 (Anti-Violence
Against Women and their Children Act of 2004).
g. Violation of the prohibited acts enumerated in the Comprehensive
Dangerous Drugs Act of 2002.
h. Returning/accepting tampered item to replace the originally issued
government property.
i. Other acts or omissions analogous to the above circumstances.
j. Habitual (three or more) commission of minor and/or less grave
offenses in a span of eight (8) years.

19 of 31 | P a g e
Annex “D” – TABLE OF ADMINISTRATIVE DISPOSITIONS FOR VARIOUS
OFFENSES:

Offenses Minimum Maximum

Fraudulent commission / Convenience discharge/ Discharge without honor /
enlistment separation separation
AWOL (See also Annex “I”) Demotion Discharge without honor /
separation
Drunkenness Demotion Discharge without honor /
separation
Entering off-limit places Punishment under Art of War 105 Convenience discharge/ separation
Abandonment/ non - support Punishment under Art of War 105 Convenience discharge/ separation
Immorality Convenience Discharge/ Discharge without honor/ separation
Separation
Selling/ supplying prohibited Discharge without honor / Discharge / separation
drugs separation
Drug Addiction Convenience discharge/ Discharge without honor/ separation
separation
Malicious mischief Punishment under Art. Of War Demotion
105
Acts of Lasciviousness Demotion Discharge without honor /
separation
*Rape/abduction/seduction Discharge without honor/ Discharge without honor /
separation separation
*Bigamy Discharge without honor/ Discharge without honor /
separation separation
Alarm and scandal Demotion Discharge without honor /
separation
Illegal possession of deadly of Demotion Discharge without honor /
weapon separation
Indiscriminate Firing Demotion Discharge without honor /
separation
Grave threats/ coercion/ Convenience discharge/ Discharge without honor /
harassment separation separation
Mauling/physical injuries Convenience discharge/ Discharge without honor /
separation separation
Malversation Convenience discharge/ Discharge without honor /
separation separation
Falsification Convenience discharge/ Discharge without honor /
separation separation
Swindling Convenience discharge/ Discharge without honor /
separation separation
Corrupt/irregular activities Convenience discharge/ Discharge without honor /
separation separation
Breach of contract Punishment under Art. Of War Convenience discharge/ separation
105
*Smuggling Convenience discharge/ Discharge without honor /
separation separation
*Extortion/mulcting Discharge without honor/ Discharge without honor /
separation separation
Failure to pay just debt Punishment under Art of War 105 Convenience discharge / separation
Fabrication of evidence Convenience discharge/ Discharge without honor/ separation
separation
As superior, failure to act on Convenience discharge/ Discharge without honor/ separation
reported case on abuse of separation
subordinate

20 of 31 | P a g e
Annex “E” – NOTICE OF DENIAL OF APPEAL

HEADQUARTERS
_________________________________
_________________________________

date

SUBJECT: Notice of Denial of Appeal

TO: (Name and Address of Appellant)

1. Reference: DF or any document relating to the denial of appeal.

2. Be informed that your appeal for (state the reason) dated 01 Mar 07
was denied by this headquarters on the following grounds:

a. (enumerate grounds)
b.

4. Be advised that any further appeal will no longer be entertained.

3. For your information.

FOR THE COMMANDER:

Unit Adjutant

Copy Furnished: CGPA (Attn: G1)

21 of 31 | P a g e
Annex “F”

GROUNDS FOR REFERRAL TO THE PAESB

(Para 2, GHQ Circular 13 dtd 11 Aug 00)

The following are grounds for the referral of a case of an officer to the PAESB:

a. Referral of Case of Misconduct – When an Officer of the Regular

Force or a Reserve Officer on extended tour of active duty for six (6) months or more
commits any act of misconduct of such nature and gravity as to warrant his/her
discharge or separation from the service, the name and record of the officer shall be
referred by the CG, PA, to the ESB for the Determination of his/her suitability for
retention in the service.

b. Referral of Case for Failure to Demonstrate Satisfactory

Qualifications and Efficiency – The CG, PA shall from time to time, or as the need
arises, cause the review of the personnel records and efficiency of officers of the PA
and refer to the ESB the names and records of those officers who failed to
demonstrate satisfactory qualifications and efficiency as an officer.

c. Mandatory Referral of Case of an Officer – When an officer’s

separation is made mandatory by operation of the provision of Republic Act No. 291,
as amended, or other pertinent law, his/her name and record shall be referred
forthwith to the PAESB. It shall be the sole function of the Board in such case to
determine whether the officer’s separation is due to misconduct, willful failure to
perform duties, the intemperate use of drugs or alcoholic liquor, or vicious or immoral
habits.

22 of 31 | P a g e
Annex “G”

NOTICE OF DEMOTION/DISCHARGE

HEADQUARTERS
_________________________________
_________________________________

date

SUBJECT: Notice of Demotion/Discharge

TO: (Name and Address of Personnel)

1. Reference: (DF, IR or any document as basis of the

discharge/demotion)

2. This is to inform you that after investigation, this Headquarters was

able to establish based on substantial evidence that you are administratively liable
for violating (state the policy/regulation violated). You have been meted with
demotion/discharge from the military service on the following grounds:

a. (enumerate grounds)
b.

3. You have the right to appeal before the office of the CG, PA (Attn: G1)
within thirty (30) days from receipt of this notice.

4. Documents relative to your case are hereby attached for your perusal.

FOR THE COMMANDER:

Unit Adjutant

Copy furnished: CGPA, (Attn: G1)

23 of 31 | P a g e
 Annex “H”

PERIODIC REPORT ON THE DISPOSITION OF CASES

HEADQUARTERS
_____________________
_____________________

DATE

SUBJECT: Disposition of Cases for the Month of _____________

TO: Commanding General

Philippine Army
Fort Andres Bonifacio, Metro Manila
(Attn: G1)

1. Reference: (state references)

2. Herewith is the disposition of cases of this Headquarters for the Month

of __________:

NR Rank, Name & Unit Date of Case Status Resolution/ Effectivity Remarks/
Serial Nr Offense Santion/ of Order
Recom Sanction/
Resolution
1. Pvt Juan C Cruz C/01IB 03 Oct 14 RA 9165 Resolved Discharge 01 Jan 14 SO Nr 01
234567 (Inf) PA HHSG dtd
03 Dec 15
2. PFC Jun B Garcia A/04IB 06 Jun 15 Murder Pending For Demotion - On going
345678 (Inf) PA Investigation
3. Cpl Alex D Pedro B1Bde 09 May 15 AWOL Resolved Hard Labor and 31 Dec 13 Served
456789 (Inf) PA Confinement

3. Reprimand and Discharged orders are hereby attached.

4. For your information.

_____________________
Commander

24 of 31 | P a g e
ANNEX “I”
STANDARDIZATION OF TABLE OF PUNISHMENT OF AWOL CASES
IN REFERENCE TO AW 105, AS AMENDED AND CIR 17, GHQ, S-87
Nr of
Min Punishment
Days
1-6 Days Admonition
Restriction to limits not less than
7-12 Days 15 days with hard labor not less
than 15 days
Detention/confinement of not
13-20
more than 15 days with labor of
Days
not more than 15 days
One (1) rank demotion if the
21-30 offender is Pvt, he shall be
Days discharged from the service under
honorable condition
One (1) rank demotion with hard
labor not more than 30 days and
restriction to certain specified
limits without suspension from
31-40
duty for not more than 15
Days
consecutive days, if the offender
is Pvt, he/she shall be discharged
from the mil svc under honorable
condition.
Two (2) ranks demotion, if the
offender is Pvt or PFC, he/she
41-50 shall be discharged from the mil
svc under honorable condition.
Two (2) ranks demotion with hard
labor not more than 30 days, if
51-60 the offender is Pvt or PFC, he/she
shall be discharged from mil svc
under honorable condition.
Two (2) ranks demotion with hard
labor not more than 30 days and
restriction to limits not more than
61-70 15 days, if the offender is Pvt or
PFC, he/she shall be discharged
from mil svc under honorable
condition.
Honorable discharge from the
71-90
service.
Over 90
Discharge from the Mil Svc without honor.
Days
Medium Punishment Maximum Punishment
Restriction to limits more than 15
Reprimand
days with extra fatigue
Detention/confinement of not more
Hard labor of not more than 15
than 15 days with labor of not more
days without confinement.
than 15 days
One (1) rank demotion if the offender
Detention/confinement of not
is Pvt, he shall be discharged from
less than 15 days but not more
the service under honorable
than 30 days.
condition
One (1) rank demotion with hard
labor not more than 30 days and
One (1) rank demotion with hard
restriction to certain specified limits
labor not more than 30 days, if
without suspension from duty for not
the offender is Pvt, he/she shall
more than 15 consecutive days, if
be discharged from the mil svc
the offender is Pvt, he/she shall be
under honorable condition.
discharged from the mil svc under
honorable condition.
One (1) rank demotion with hard
labor not more than 30 days with
restriction to certain specified Two (2) ranks demotion, if the
limits without suspension from offender is Pvt or PFC, he/she shall
duty for not more than 30 be discharged from the mil svc under
consecutive days, if the offender honorable condition.
is Pvt, he/she shall be
discharged from the mil svc
under honorable condition.
Two (2) ranks demotion with
Two (2) ranks demotion with hard
hard labor not more than 15
labor not more than 30 days, if the
days; if the offender is Pvt or
offender is Pvt or PFC, he/she shall
PFC, he/she shall be discharged
be discharged from mil svc under
from the mil svc under honorable
honorable condition.
condition.
Two (2) ranks demotion with
Two (2) ranks demotion with hard
hard labor and restriction to
labor not more than 30 days and
limits not more than 15 days, if
restriction to limits not more than 15
the offender is Pvt or PFC,
days, if the offender is Pvt or PFC,
he/she shall be discharged from
he/she shall be discharged from mil
mil svc under honorable
svc under honorable condition.
condition.
Two (2) ranks demotion with
hard labor and restriction to
limits not more than 30 days, if
Honorable discharge from the
the offender is Pvt or PFC,
service.
he/she shall be discharged from
mil svc under honorable
condition.
Discharge for the convenience of the
government with prejudice to reentry
25 of 31 | P a g e
ANNEX “J” – MEMORANDUM OF AGREEMENT (AFP-OFFICE OF THE OMBUDSMAN)

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (MOA) made and executed by and between:

The OFFICE OF THE OMBUDSMAN, with principal

office address at the Ombudsman Building, Agham Road,
National Government Center, North Triangle, Diliman,
Quezon City, herein represented by OMBUDSMAN
CONCHITA CARPIO MORALES;

-and-

The ARMED FORCES OF THE PHILIPPINES

(AFP), with principal office address at the General
Headquarters, Armed Forces of the Philippines, Camp
General Emilio A. Aguinaldo, Quezon City, and herein
represented by CHIEF OF STAFF GENERAL GREGORIO
PIO CATAPANG JR., AFP.

WITNESSETH:

WHEREAS, the Constitution mandates that the State shall maintain honesty and
integrity in the public service and shall take positive and effective measures against graft
and corruption.

WHEREAS, the Constitution requires that public officers and employees must, at
all times, be accountable to the people, serve them with utmost responsibility, integrity,
loyalty, efficiency, act with patriotism and justice and lead modest lives.

WHEREAS, the Office of the Ombudsman, as a constitutional office tasked as

protector of the people, is mandated under Republic Act No. 6770 to act promptly on
complaints filed in any form or manner against officers or employees of the Government,
or of any subdivision, agency or instrumentality thereof, including government-owned or
controlled corporations, and enforce their administrative, civil and criminal liability in
every case where the evidence warrants in order to promote efficient service by the
Government to the people.

WHEREAS, the Office of the Ombudsman is the lead agency in the war against
graft and corruption with the ultimate objective of restoring integrity and efficiency in the
government service.

WHEREAS, the Office of the Ombudsman, through the Office of the Deputy
Ombudsman for the Military and Other Law Enforcement Offices (OMB-MOLEO),
exercises jurisdiction over members of the military and other law enforcement offices.

WHEREAS, the Armed Forces of the Philippines (AFP), a constitutional body, is

mandated to protect the people and the State, and in order to maintain discipline within
26 of 31 | P a g e
its rank, acts promptly on its own initiative or on complaints filed against military
personnel by any person, both natural and juridical, including those endorsed or
forwarded to it by the Office of the Ombudsman or any agency of the government,
specifically those offenses identified and penalized under the Articles of War
(Commonwealth Act No. 408, as amended).

WHEREAS, the Office of the Ombudsman and the AFP have concurrent
administrative jurisdiction over military personnel.

WHEREAS, there is operational difficult in implementing Decisions of the Office

of the Ombudsman, specifically those ordering the suspension of military personnel in
active duty.

WHEREAS, the Office of the Ombudsman has primary jurisdiction over cases
cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may
take over, at any stage of the proceedings, from any investigatory agency of
Government, the investigation of such cases.

WHEREAS, in order to avoid duplication of functions which may cause conflicting

decisions and wastage of government resources, coordination between the Office of the
Ombudsman and the AFP is deemed imperative.

NOW, THEREFORE, for and in consideration of the foregoing premises, the

parties hereby agree as follows:

1. The Office of the Ombudsman, through OMB-MOLEO, shall have

exclusive jurisdiction over criminal and administrative cases where the acts complained
of involved graft and corruption, arising from, but not limited to, violation of the following
laws:

a. Republic Act No. 3019, as amended (Anti-Graft and Corrupt

Practices Act);
b. Republic Act No. 1379 (An Act Declaring Forfeiture in Favor of the
State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or
Employees and Providing the Proceedings Thereof);
c. Republic Act No 7080 (An Act Defining and Penalizing Crime of
Plunder);
d. Republic Act No. 9184 (Government Procurement Reform Act);
e. Republic Act No. 9485 (An Act Defining and Penalizing Crime of
Plunder);
f. Revised Penal Code, as amended, Title II (Crime Against the
Fundamental Laws of the State), Title VII (Crime Committed by Public Officers), and
Articles 171 (Falsification) and 172 (Use of Falsified Documents).

2. The AFP shall have exclusive jurisdiction over crimes and administrative
offenses identified under the Articles of War which strictly affect military order,
organization and discipline, and those classified as war offenses, viz:

Art. 58. Certain Acts to Constitute Desertion.

Art. 59. Desertion.
Art. 60. Advising or Aiding Another to Desert.

27 of 31 | P a g e
 Art. 61. Entertaining a Deserter.
Art. 62. Absence Without Leave.
Art. 63. Disrespect Toward the President, Vice-President, Congress of
the Philippines or Secretary of National Defense.
Art. 64. Disrespect Toward Superior Officer.
Art. 65. Assaulting or Willfully Disobeying Superior Officer.
Art. 66. Insubordinate Conduct Toward Non-Commissioned Officer.
Art. 67. Mutiny or Sedition.
Art. 68. Failure to Suppress Mutiny or Sedition.
Art. 69. Quarrels; Frays; Disorders.
Art. 70. Arrest or Confinement.
Art. 72. Refusal to Receive and Keep Prisoners.
Art. 73. Report of Prisoners Received.
Art. 74. Releasing Prisoner Without Authority.
Art. 75. Delivery of Offenders to Civil Authority.
Art. 76. Misbehavior Before the Enemy.
Art. 77. Subordinates Compelling Commander to Surrender.
Art. 78. Improper Use of Countersign.
Art. 79. Forcing a Safeguard.
Art. 80. Captured Property to be Secured for Public Service.
Art. 81. Dealing in Captured or Abandoned Property.
Art. 82. Relieving, Corresponding With, or Aiding the Enemy.
Art. 83. Spies.
Art. 86. Drunk on Duty.
Art. 87. Misbehavior of Sentinel.
Art. 88-A. Unlawfully Influencing Action of Court.
Art. 89. Intimidation or Persons Bringing Provisions.
Art. 90. Good Order to be maintained and Wrongs Redressed.
Art. 91. Provoking Speeches or Gestures.
Art. 92. Dueling.

3. The AFP shall also have exclusive jurisdiction over cases involving the
salary, benefits, remuneration and promotion of military personnel, including those
violations of the economic provisions of Republic Act No. 9262 (Anti-Violence Against
Women and Their Children Act).

4. In cases where the acts complained of are graft and corruption-related

referred to in paragraph 1:

4.1. The Office of the Ombudsman shall act on the complaint pursuant
to its existing rules of procedure. It may conduct a fact-finding investigation on the
complaint or docket the case for preliminary investigation and/or administrative
adjudication.

4.2. The AFP shall endorse the complaint to the Office of the
Ombudsman, through OMB-MOLEO, for appropriate action.

5. In cases where the acts complained of are classified as war offenses,

those which strictly affect military order, organization and discipline, and those affecting
personnel movement and personal financial matters involving military personnel referred
to in paragraphs 2 and 3:

28 of 31 | P a g e
 5.1. The AFP shall act on the complaint pursuant to its own rules of
procedure.

5.2. The Office of the Ombudsman, through OMB-MOLEO, shall

endorse the complaint to the AFP for the latter’s appropriate action.

6. The Office of the Ombudsman reserves its constitutional right to take

over, at any stage of the proceedings, the investigation of cases in the exercise of its
primary jurisdiction over cases cognizable by the Sandiganbayan.

7. Except for those cases falling under paragraphs 1, 2, and 3 hereof, the
Office of the Ombudsman or the AFP may endorse or refer to the other party complaints
filed before it if in its own evaluation, the complaint may be better addressed or resolved
by the other. Such endorsement or referral, however, may be recalled at the discretion
of the indorsing or referring party, upon motion or request of the complainant for good
cause shown within a reasonable time from notice. Upon final disposition of the
endorsed or referred case, the Office of the Ombudsman or the AFP, as the case
maybe, shall inform the endorsing or referring party by furnishing a copy of the decision,
resolution or order.

8. In all other cases, the Office of the Ombudsman or the AFP shall be
precluded from acting on the complaint which has already been taken cognizance by the
other after having been informed of such fact.

JOINT FACT-FINDING INVESTIGATION TEAM

9. In cases where there is a need to conduct joint fact-finding investigation

as determined by the the Deputy Ombudsman for MOLEO, with the concurrence of the
Chief, Office of the Ethical Standards and Public Accountability (OESPA), AFP, the
respective heads of OMB-MOLEO and AFP OESPA shall identify the members and
composition of the Joint Fact-finding Investigation Team which shall be supervised by a
lawyer from OMB-MOLEO. The heads of office shall issue the appropriate office orders.

10. The Joint Fact-Finding Investigation Team shall be created on a case-to-

case bases and the designation of members thereof shall be for the duration of the
investigation of the case assigned.

11. The Joint Fact-Finding Investigation Team shall submit its reports directly
to the Deputy Ombudsman for MOLEO, copy furnished the Chief, OESPA, AFP.

12. Travel and logistical requirements of the members of the join Fact-Finding
Investigation Team incurred in the conduct of fact-finding investigation shall be borne by
their respective agencies.

TRAINING AND EDUCATION PROGRAM

13. The Office of the Ombudsman and the AFP shall conduct joint training
seminars to enhance the technical know-how of their personnel on investigative

29 of 31 | P a g e
techniques and case management, as well as on public accountability and good
governance.

14. The expenses for such trainings and seminars shall be borne by both
parties.

MONITORING, ENFORCEMENT, REPORTING

15. The AFP, through the OESPA, shall assist the Office of the
Ombudsman in serving the latter’s Orders, Subpoenas, Resolutions, Decisions,
Interlocutory Orders and any other processes to the concerned respondents.

16. Whenever the Officer of the Ombudsman shall issue an order preventively
suspending military personnel, the AFP shall immediately order the relief from duty of
said personnel for the duration of the preventive suspension. Such relief from duty shall
be construed as compliance with the order of preventive suspension.

17. The Office of the Ombudsman, taking into account the nature of military
functions, shall, in cases where the penalty imposed is suspension without pay, convert
the same into a fine equivalent to the respondent’s salary at the ration of one (1) day
suspension to one (1) day fine, payable to the Office of the Ombudsman. The fine shall
be for a maximum of the respondent’s salary for one (1) year, pursuant to the rules of
procedure of the Office of the Ombudsman.

18. The AFP shall, in cases where the Office of the Ombudsman imposes the
penalty of fine, establish a system to ensure its payment within a maximum period of
one (1) year from the date of the respondent’s receipt of the Decision, copy furnished
the AFP OESPA. The period of payment shall depend on the amount of fine and other
circumstances as may be determined by the AFP.

19. The AFP shall faithfully implement the Decisions and Orders of the Office
of the Ombudsman within fifteen (15) days from receipt thereof and report to the latter its
implementation three (3) days thereafter.

20. Any request for information/data by one party to another, which are not
confidential in nature or otherwise prohibited by law or regulation, shall be acted upon
with dispatch.

21. The Office of the Ombudsman and the AFP shall each designate a
unit/office and a liaison who shall coordinate the implementation of this Agreement and
submit periodic reports, the frequency of which shall be mutually decided by the parties.

GENERAL PROVISIONS

22. This Agreement shall apply only to cases filed after its effectivity.

23. The invalidity or unenforceability of any provision of this Agreement shall

not affect or impair other provisions that are otherwise valid, binding and effective.

30 of 31 | P a g e
 24. All amendments to this Agreement shall not be valid and binding unless
the same be in writing and duly signed by the parties.

25. Either party may cause the termination of this Agreement upon a thirty-
day written notice.

26. This MOA constitutes the entire agreement between the parties, their
respective administrators and assignees. Any and all matters that the parties may have
agreed but have not been reduced in writing herein shall be void and ineffective.

27. All inconsistent prior agreements are deemed superseded, including the
previous MOA dated 29 January 2004 entered into by the Office of the Ombudsman, the
AFP and the Commission on Audit.

28. This MOA shall take effect on 01 December 2014.

Quezon City, Philippines, 14 November 2014.

(SGD) (SGD)
CONCHITA CARPIO MORALES GEN GREGORIO PIO CATAPANG JR AFP
Ombudsman Chief of Staff, AFP

Witnessed by:

(SGD) (SGD)
CYRIL B RAMOS LTGEN JOHN S BONAFOZ AFP
Deputy Ombudsman for MOLEO Vice Chief of Staff/Chief OESPA, AFP

31 of 31 | P a g e