I. Definition of Terms:
Military Justice- is a system of enforcing discipline and administering criminal law in the military service.
Articles of War- (Commonwealth Act Nr 408) The law that governs the conduct of military personnel and provides a procedures by which persons subject to military law who breaks these rules may be punished.
II. Objectives of Military Justice:
1. Enforce discipline
2. Administer criminal offense
III. Sources of Military Jurisdiction:
2. Specific provisions of the Constitution relating to such jurisdiction being found in the power granted to the national assembly.
3. Authority vested in the President as Commander-in-Chief of all Armed Forces.
4. International Law
IV. 3 Kinds of Military Jurisdiction:
1. To be exercised both in peace and war.
2. To be exercised in time of foreign war within country occupied by rebels as belligerents.
3. To be exercised in time of invasion, insurrection within the Philippine territory or during rebellion when limits of the territory maintain adherence to our national government policy and when public danger requires its exercise.
V. Agencies through which Military Law Jurisdiction is exercised:
1. Court Martial
a. General Court Martial
b. Special Court Martial
c. Summary Court Martial
2. Commanding Officer- this is in AW 105 under the exercise of the disciplinary power of the Commanding Officer.
3. Court of Inquiry- which is found in AW 98-105.
4. Other Military tribunals.
A. Persons subject to Military Law
C. Types of Court Martial and Compositions
1. General Court Martial- any number of officers not less than five (5).
2. Special Court Martial- any number of officers not less than three (3).
3. Summary Court Martial- consist of one (1) officer.
D. Jurisdiction of Court Martial:
1. Persons triable by:
a. General Court Martial
1) Civilians in certain specific cases. AW 2, 31, 82, 83, 95 and PD 1850.
2) Persons subject to military law.
3) Persons who by law of war subject to trial by Military Tribunal (AW 12).
b. Special Court Martial - persons subject to military law, except persons of actual, relative or assimilates rank of 2LT or above (AW 13 as amended in relation to Sec 14 MCM).
c. Summary Court Martial- Pvt, Pfc, Cpl, Sgt, and SSg may be tried if they do not object are triable by competent officers to convene and to try the accused. (AW 14 as amended in relation to Sec. 16 MCM.
2. Offense triable by:
a. General Court Martial -Any offense made punishable by AW and Laws of war (AW 12).
b. Special Court Martial- any crime or offense not capital (AW 13).
c. Summary Court Martial- any crimes not capital (AW 14).
3. Judiciary Offense- all offense that are triable by court martial.
4. Non- judiciary Offense- all violations of regulation, policies and rules that are not triable by court martial.
E. Authorized Punishment:
1. General Court Martial- Any punishment authorized by the customs of the service including a bad conduct discharge. In the PN deprivation of liberty on shore and solitary confinement or diminished relations not to exceed 30 days (AW 12).
2. Special Court Martial
a. Confinement not to exceed six (6) months.
b. Restriction to limits not to exceed three (3) months.
c. Forfeiture or detention of pay not to exceed 2/3 of one (1) month pay.
a. Confinement not to exceed one (1) month
b. Restriction to limits not to exceed three (3) months
c. Forefeiture or detention of pay not to exceed three 93) months
In PN same as General Court Martial but not to exceed 15 days (AW14).
1. All Commissioned Officers on active duty.
2. Enlisted Personnel or trainees, provided the accused request in writing at any time prior to the conveying of the court.
1. General Court Martial
a. The President of the Philippines
b. The Chief of Staff
c. The Chief, Philippine Constabulary
d. Commanding General, Philippine Army
e. Commanding General, Philippine Air Force
f. FOIC, Philippine Navy
g. Superintendent PMA except for trial of an Officer.
h. Commanding Officer of major separate brigade or body of troops.
2. Special Court Martial
a. Those persons who can appoint GCM
b. Commanding Officer of a major command, task force, division.
c. Commanding Officer of Garrison, Fort, Camps, Brigade, Regiment, detached Battalion or Squad or other detached command or place, zone or commissioned vessels where troops are on duty.
3. Summary Court Martial
a. All persons who can appoint GCM.
b. Commanding Officer of Garrison, Fort, Camp, or other place where troops are on duty, Regiment, Detached Battalion and detached Company.
Art. 55. Officer making unlawful Enlistment
Art. 56. False Muster
Art. 57. False Returns- Omission to render returns
Art. 58. Certain Acts to Constitute Desertion
Art. 59. Desertion
Art. 60. Advising or Aiding another to Desert
Art. 61. Entertaining a Deserter
DISRESPECT: INSUBORDINATION: MUTINY
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 officers
Art. 66. Insubordination conduct toward Non-Commissioned Officer
Art. 67. Mutiny or Sedition
Art. 68. Failure to suppress mutiny or sedition
Art. 69. Quarrels; Prays; Disorders
Art. 70. Arrest or confinement
Art. 71. Charges – Action upon
Art. 72. Refusal to Receive and Keep Prisoners
Art. 73. Report of prisoners received
Art. 75. Delivery of Offenders without Proper Authority
Art. 76. Misbehavior Before the Enemy
Art. 77. Subordinates Compelling Commander to Surrender
Art. 79. Forcing or safeguard
Art. 80. Captured Property to be Secured for to be secured for Public Service
Art. 81. Dealing in Captured or Abandoned Property
Art. 82. Relieving, Corresponding with, or Aiding the Enemy.
MISCELLANEOUS CRIMES AND OFFENSES
Art. 84. Military Property – Willful or Negligent Loss, Damage or Wrongful Disposition
Art. 85. Waste or Unlawful Disposition of Military Property Issued to Soldiers
Art. 86. Drunk on Duty
Art. 87. Misbehavior of Sentinel
Art. 91. Provoking speeches or gestures
Art. 93. Murder – Rape
Art. 94. Various Crimes
Art. 96. Conduct Unbecoming of an Officer and a Gentleman
Art. 105. Disciplinary Powers of Commanding Officers