Military Justice SYSTEM

MILITARY JUSTICEMILITARY JUSTICESYSTEMSYSTEM

TSG FLORES, R.C.TSG FLORES, R.C.

IntroductionIntroduction

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

DEFINITIONDEFINITION Military Justice Military Justice

-- is the system for enforcing is the system for enforcing discipline and administering criminal discipline and administering criminal law in the armed forceslaw in the armed forces

SOURCESSOURCES ConstitutionConstitution Articles of War Articles of War National Defense ActNational Defense Act Revised Administrative LawRevised Administrative Law Executive Orders, Proclamation, etcExecutive Orders, Proclamation, etc Laws enacted by CongressLaws enacted by Congress Army Regulations, Bulletins & Gen Army Regulations, Bulletins & Gen

OrdersOrders Digest & Opinion of TJAG,AFPDigest & Opinion of TJAG,AFP

JURISDICTIONJURISDICTION

Is the power and authority of a court Is the power and authority of a court to hear, try and decide a case.to hear, try and decide a case.

Agencies through which Military Agencies through which Military Jurisdiction is exercised Jurisdiction is exercised

includes:includes: Court MartialCourt Martial Commanding Officers exercising Commanding Officers exercising

disciplinary powers under AW 105.disciplinary powers under AW 105. Courts of InquiryCourts of Inquiry Other military TribunalsOther military Tribunals

OTIGOTIG OESPAOESPA TPMGTPMG

Components of the Military justice

The administration of justice In the Philippines follows four components.

1. Investigation 2. Prosecution3. Trial or Adjudication4. Judgment or decision

Investigation

In the investigation, the concern office conducts inquiry upon receipt of complaint against the respondents.

ProsecutionIn 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 LawPersons Subject To Military Law All Officers and Soldiers in the active All Officers and Soldiers in the active

service of the AFP.service of the AFP. Members of the Reserve force from the Members of the Reserve force from the

dates of their CAD and while on active dates of their CAD and while on active service.service.

Trainees undergoing military instructionTrainees undergoing military instruction Cadets, flying cadets and P2Lts.Cadets, flying cadets and P2Lts. Retainers to the camp and all persons Retainers to the camp and all persons

serving with the AFP in the field in times of serving with the AFP in the field in times of war.war.

All persons under sentence adjudged by All persons under sentence adjudged by court martial.court martial.

CLASSIFICATION OF COURT-MARTIAL

GENERAL COURT MARTIALGENERAL COURT MARTIAL

SPECIAL COURT MARTIALSPECIAL COURT MARTIAL

SUMMARY COURT MARTIALSUMMARY 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

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



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 105ARTICLE OF WAR 105

DISCIPLINARY POWERS OF DISCIPLINARY POWERS OF COMMANDING OFFICERSCOMMANDING 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



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



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.



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)




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)




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)




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 1968PD 1968

- Amendments of AW 105 - Amendments of AW 105 that you can impose three (3) that you can impose three (3) punishments at the same time. No punishments at the same time. No double Jeopardy on Administrative case double Jeopardy on Administrative case

IMPORTANT…IMPORTANT… THOSE AUTHORIZED PUNISHMENTS MAY BE THOSE AUTHORIZED PUNISHMENTS MAY BE

IMPOSED ONLY WHEN THE OFFENDER DOES IMPOSED ONLY WHEN THE OFFENDER DOES NOT DEMAND TRIALS BY COURT-MARTIAL.NOT DEMAND TRIALS BY COURT-MARTIAL.

THIS IS THE BASIC REQUIREMENT TO BE MET THIS IS THE BASIC REQUIREMENT TO BE MET BEFORE ANY FORM OF PUNISHMENT CAN BE BEFORE ANY FORM OF PUNISHMENT CAN BE IMPOSED.IMPOSED.

ONCE AN ACCUSED DEMANDS TRIAL BY ONCE AN ACCUSED DEMANDS TRIAL BY COURT-MARTIAL, THE NECESSARY CHARGES COURT-MARTIAL, THE NECESSARY CHARGES ARE PREFERRED FOR THE TRIAL BY COURT-ARE PREFERRED FOR THE TRIAL BY COURT-MARTIAL VESTED COMPETENT JURISDICTIONMARTIAL VESTED COMPETENT JURISDICTION

REPUBLIC ACT 7055REPUBLIC ACT 7055(PROMULGATED JUNE 20, 1991)(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 7055REPUBLIC ACT 7055(PROMULGATED JUNE 20, 1991)(PROMULGATED JUNE 20, 1991)

AFPPNPCAFGU

RPCOTHER SPECIAL PENAL LAWSLOCAL GOV’T ORDINANCES

CIVILCOURT

AW 54 - 70AW 72 - 92AW 95 - 97

COURTMARTIAL

NON-SERVICE CONNECTED

SERVICE-CONNECTED

EXECUTIVE ORDER NO. EXECUTIVE ORDER NO. 337337PROMULGATED SEPTEMBER 13, 1988PROMULGATED 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. EXECUTIVE ORDER NO. 337337PROMULGATED SEPTEMBER 13, 1988PROMULGATED SEPTEMBER 13, 1988

GROUNDSGROUNDS

• GRAVE MISCONDUCT

• WILLFUL FAILURE TO PERFORM DUTIES

• INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUOR

• VICIOUS OR IMMORAL HABITS

CIRCULAR 17, GHQ, DTD 02 CIRCULAR 17, GHQ, DTD 02 OCTOBER 1987OCTOBER 1987

ADMINISTRATIVE DISCHARGE OF ENLISTED PERSONNEL ADMINISTRATIVE DISCHARGE OF ENLISTED PERSONNEL PRIOR TO THE EXPIRATION OF THEIR TERM OF PRIOR TO THE EXPIRATION OF THEIR TERM OF ENLISTMENTENLISTMENT

PERSONNEL DIRECTIVE NR 01, HPA, PERSONNEL DIRECTIVE NR 01, HPA, DTD 22 JAN 93DTD 22 JAN 93

DISPOSITION OF CASES / IMPOSITION OF DISPOSITION OF CASES / IMPOSITION OF ADMINISTRATIVE PUNISHMENT TO ENLISTED ADMINISTRATIVE PUNISHMENT TO ENLISTED PERSONNELPERSONNEL

THAT’S ALL!!!THAT’S ALL!!!

LET’S ALL WALK IN A REAL LET’S ALL WALK IN A REAL & IDEAL MILITARY MANNER& IDEAL MILITARY MANNER

MABUHAY!!!MABUHAY!!!