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Military Orientation
CHAPTER 4
MILITARY JUSTICE
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MILITARY JUSTICE Military Justice System – an organized and established procedure

designed to enforce discipline and administer justice in the
The student of discipline and order in the military organization has
military justice.
much bearing on the manner in which regulations are implemented
and justice administered. If it is intended that soldiers should be
Punitive Case – cases subject to the imposition of penal sanctions
kept in their duty and obedience, the system of reward and
as provided for by the Article of War provisions.
punishment must be executed with as much exactness. Justice must
be the rule everywhere especially in the AFP, it is the only means to
Defendant – a person who is sued in the civil case; a person who is
settle order.
accused of a crime in a criminal case.
Organization and societies who cannot exact from its members, the
Plaintiff – a persons who starts an action against someone in the
obedience to the law which regulates their behavior will soon decay
civil court.
and die a natural death. The government cannot afford that to
happen to the AFP because without the military, the state will be
Administrative Case – are those that result in decisions not
vulnerable to the enemy and consequently collapse. That is the
involving penal sanctions and may take such mild
reason why every nation in the word sees to it that the constitution
disciplinary or instructive forms of admonition, reprimand
it promulgates contains provisions for the creation of the armed
and the like.
forces and the enactment of laws that will regulate and control the
military establishment through duly constituted agencies and
PERSONS SUBJECT TO MILITARY LAW
instrumentalities; the head of the state being the commander-in-
chief exercising control and supervision. 1. All officers and Enlisted Personnel in the active service of the
AFP.
The problem besetting the armed forces is not the absence of laws 2. Members of the reserve force on active duty, trainees and
and regulations but the seemingly light manner by which some draftees.
members take said laws. This can be attributed to: first, the 3. Cadets, flying cadets and probationary second lieutenants.
tendency of unit commanders to be over protective of their erring 4. All retainers to any military camp and all persons serving with
personnel, incompetence of some members appointed to sit a the AFP.
member of courts-martial including those exercising disciplinary 5. All persons under sentence adjudged by courts-martial.
powers; and two, on the lack of awareness by the troops on the
different laws and regulations, especially the punitive articles of war SOURCES OF MILITARY LAW
and the corresponding punishments for violations thereof.
1. Commonwealth Act No. 408 – An Act for making further and
more effectual provision for the national defense by establishing
DEFINITION OF TERMS
a system of military justice for persons subject to military law.
Military Justice – is the system of enforcing discipline and Signed by Pres. Manuel L. Quezon.
administering justice in the military service. 2. Constitution of the Philippines
3. International Law
Military Law – rule of action mandatory in form duly established
and promulgated by competent authority for the common
good.

Justice – the maintenance or administration of what is just by the

impartial adjustment of conflicting or the assignment of
merited rewards or punishment.
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CLASSIFICATION OF COURTS MARTIAL consideration from anybody to make such false muster, shall
be dismissed from the service and suffer other punishment as
1. General Courts Martial – may consist of any number of
a court martial may direct.
members not less than five (5). Following may appoint GCM:
The President, CS, AFP and when empowered by the president.
Article 57 – False Returns or Omissions to Render Returns.
Any officer who render false report to superior authority as to
2. Special Courts Martial – may consist of any number of
the state of troops under his command or the arms,
members not less than three (3). Following may appoint SCM:
ammunition, clothing, funds or other property, shall be
Commanding Offr or major commands, task forces, regional
dismissed from the service or shall suffer other punishment as
commands or divisions and when empowered by the president,
a court martial may direct.
commanding officers of a garrison, camp brigade, regiment,
detached battalion of other detached command or commissioned
Article 58 – Certain Acts to Constitute Desertion. This article
vessel.
defines the following to be deserters.
3. Summary Courts-Martial – shall consists of one (1) officer.
Article 59 – Desertion. A) Any officer who tendered resignation,
Following may appoint SCM: Commanding Officers of garrisons,
but prior to its approval by proper authority, quits his post or
forts, camp or other places where troops are on duty & the
duties without leave without leave with intent never to return.
Commanding Officer of a Regiment, Commissioned Vessel,
B) Any soldier who is enlisted in the armed forced who
Detachment Battalion, or other detachment.
fraudulently enlist again in other branch of service. C) Those
person subject to military law who quits his organization to
COMPONENTS OF MILITARY JUSTICE
avoid hazardous duty.
1. Investigation – is the process of looking into the circumstances
of a case for the purpose of verifying and establishing the facts. Article 60 – Advising of Aiding Another to Desert. Any person
2. Prosecution subject to military law who advises or persuades another to
3. Trial of Adjudication desert, if committed in time of war, shall suffer death or other
4. Judgment of decision punishment as a court-martial may direct.

PUNITIVE ARTICLES OF WAR Article 61 – Entertaining a Deserter. Any officer having

discovered a deserter in his command and who retains such
Article of 54 – Fraudulent Enlistment. Any person who enlisted
deserter without informing superior and concerned authority
himself in the military service by means of willful
shall be punished as a court-martial may direct.
misrepresentation of his qualifications, shall be punished as a
court martial may direct.
Article 62 – Absence without Leave. Any person subject to
military law who fails to report at the fixed time to the proper
Article 55 – Officer Making Unlawful Enlistment. Any officer
appointed place of duty, or departs from same without proper
who knowingly or musters into the military service any person
leave, or absent himself from his command without proper
whose enlistment is prohibited by law, orders, shall be
leave, shall be punished as a court-martial may direct.
dismissed from the service or suffer other punishment as a
court martial may direct.
Article 63 – Disrespect toward the President, Vice-President,
Congress of the Philippines, or Secretary of National
Article 56 – False Muster. Any person who knowingly makes a
Defense. Those who commit above offense shall be
false muster of a man, or direct the signing of any muster roll,
dismissed from the service or suffer other punishment as a
knowing it to be false, or who wrongfully takes money or other
court martial may direct.
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Article 64- Disrespect toward Superior Officer. Any person does violence to him, shall be punished as a court martial may
subject to military law who disrespect his superior officer shall direct.
be punished as a court martial may direct.
Article 70 – Arrest or Confinement. Any person subject to
Article 65 - Assaulting or Willfully Disobeying Superior military law charged with crime or with serious offense under
Officer. Any person subject to military law who strikes his this articles shall be place in confinement or arrest. When
superior officer or lifts up any weapon or offers any violence charged with a minor offense, such person shall not be place
against him, being in the execution of his office, or willfully in confinement. Any person placed under arrest shall thereby
disobeys any lawful command of his superior officer, shall be restricted to his barracks and quarter, unless such limits
suffer death or such other punishment as a court martial may shall be enlarged by proper authority.
direct.
Article 71 – Charges Action upon Charges. Specifications must
Article 66 – Insubordinate Conduct toward Non- be signed by a person subject to military law, and under oath
Commissioned Officer. Any soldier who assaults or who state that the either has personal knowledge or, or has
attempts or threatens to assault, or willfully disobey the lawful investigated the matter set forth therein and that the same are
order or a non-commissioned officer while, in the execution of true and to the best of his knowledge.
his office, or uses threatening or insulting language, or
behaves in an insubordinate or disrespectful manner toward a Article 72 – Refusal to Receive or Keep Prisoners. No provost
non-commissioned officer, shall be punished as a court martial Marshall or commander of guard shall refuse to receive or
may direct. keep any prisoner committed to his

Article 67- Mutiny or Sedition. Any person subject to military law Article 73 – Report Prisoner Received. Every commander of a
who attempts to create, excites, causes or joins in any mutiny guard to whose charge a prisoner is committed shall, within
or seduction in any company, post detachment or other twenty four hours after such confinement or as soon as he
command shall suffer death or such other punishment as a relieved from his duty, report in writing to the commanding
court marital direct. officer the name of such prisoner, the offense charged against
him, and the name of the officer committing him; and if he
Article 68 – Failure to Suppress Mutiny or Sedition. Any offer fails to make such report, he shall be punished as a court
or soldier who, being present at any mutiny or sedition, does martial may direct.
not use his utmost endeavor to suppress the same or
knowledge or having reason to believe that a mutiny or Article 74 – Releasing Prisoner without Proper Authority.
sedition is to take place, does not give information thereof, of Any person subject to military law, who without proper
his commanding officer shall suffer death or such other authority, release any prisoner duly committed to his charge,
punishment as court martial may direct. or who through neglect or design suffers any prisoner to
escape, he shall be punished as a court martial may direct.
Article 69 – Quarrels, Frays, Disorders. All officers and non-
commissioned officer have power to part and quell all quarrels, Article 75 – Delivery of Offenders to Civil Authority. Any
frays and disorders among person subject to military law and person subject to military law, except one who is held by the
to order officers who take part in them into arrest, or military law, to answer for an offense or who is undergoing
confinement, until their proper superior officer is informed sentence for a crime punishable by law, the commanding
whoever refused to obey such officer or non-commissioned officer is required to deliver such accused person to the civil
officer, or draws a weapons upon or otherwise threatens or authorities, or to aid the officers of justice in apprehending
him in order that he may be brought to trial. Any
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commanding officer who refuses or willfully neglect, excepts in Article 81 – Dealing in Captured of Abandoned Property. Any
time of war, to deliver such accused person or not to aid person subject to military law who buys, sells, trades or in any
officers of justice in apprehending him, shall be dismissed from way deals in or disposes of captured or abandoned property,
the service or suffer such other punishment as a court martial whereby he shall receive or expect any profit, benefits or
may direct. advantage to himself or who fails whenever such property
comes into his possession or custody or within his control to
Article 76 – Misbehavior before the Enemy. Any officer or give notice thereof to the proper authority and to turn over
soldier who misbehaves himself before the enemy or runs such property to the proper authority without delay, shall be
away, or shamefully abandons or delivers up or by any punished by fine or imprisonment or such other punishment as
misconduct, or neglect, endangers the safety or any fort, post a court martial may direct.
or other command which it is his duty to defend, or by any
means whatsoever causes false alarm in camp, garrison or Article 82 – Relieving, Corresponding with Aiding the
quarters shall suffer death or such other punishment as a Enemy. Whomsoever relieves or attempts to relieve the
court martial my direct. enemy with arms, ammunitions, supplies, money or other
things, or knowingly harbors, or protects or hold
Article 77 – Subordinates Compelling Commander to corresponding with or gives intelligence to the enemy, either
Surrender. Any person subject to military law who compels directly or indirectly shall suffer death or such other
or attempts to compel any commander of a garrison, fort, post punishment as a court martial or military tribunal may direct.
or other command, to give up to the enemy or to abandon it,
shall be punishable with death or such other punishment as Article 83 – Spies. Any person who in time of war is found lurking
court martial may direct. or acting as a spy or about any of the fortifications, post or
encampment of the armed forces or elsewhere, shall be tried
Article 78 - Improper Use of Countersign. Any person subject by a general court martial or by a military commission and
to military law who makes known the countersign to any shall on conviction thereof, suffer death.
person not entitled to receive it or gives a countersign
different from that which is received, shall if the offense is ADMINISTRATIVE CASES
committed in time of war, shall suffer death or such other
Republic Act 7055 (Civilian Supremacy Law) – if the offenses
punishment as a court martial may direct.
committed are not service connected (that is not one which is
defined as military offense under the AW), unit commanders
Article 79 – Forcing a Safeguard. Any person subject to military
are supposed to refer them to the civil authorities.
law, who in time of war, or serious disturbances, forced a
safeguard shall suffer death or such other punishment as court
Efficiency and Separation Board under Executive Order 337
martial may direct.
– Discharge or separation of officers and to determine entitled
of separation or retirement benefits under RA 291 of “twice
Article 80 – Captured Property to be Secured for Public
deferred” offered. Composed of not less than 5 or more than
Service. All public property taken by the enemy is the
seven members.
property of the government of the Philippines and shall be
secured. Any person subject to military law who neglects to
Republic Act No. 2334 (Rotation of Reserve Officers in the
secure such property or is quality of its wrongful appropriation
Active Military Service - Reserve Officers’ of the AFP shall
shall be punished as a court martial may direct.
be rotated in the active military service, for the primary
purpose of making available for service in the event of
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emergency the maximum number of trained and qualified CLASSES OF DISCHARGE

reserve officers
1. Honorable – is issued when the service has been honest and
faithful throughout, and a character rating of good, very good or
The provision of Sec 2 Shall not apply to reserve officers
excellent is given.
covered by the provisions of RA 1382-3 possessing technical
qualifications, skills and competence which are indispensable
2. Without Honor – is issued when the service of an Enlisted man
to the needs of the AFP and fro who there are no satisfactory
has not been honest and faithful and with character rating of fair
replacement.
or poor given.
Circular 17 (Administrative Discharge prior to Expiration of
3. Dishonorable – cannot be given.
Term of Enlistment) – it prescribed the polices and
standards and establishes procedures and guidance whereby
the CS, AFP; commanders of major services and other
Commanders acting for and by direction of the CS, AFP may
order the discharge of enlisted personnel prior to the
expiration of their term of enlistment under AW 109.

Articles of War 15 (Disciplinary Power of Commanding

Officers) – a Commander’s choice of actions will be limited by
his rank and level of command and position. Following
punishments may be imposed on both erring officers and
enlisted personnel. These include withholding of privileges;
restriction to certain specified limits; arrest in quarters;
forfeiture of pay; detention or withholding of pay; deprivation
of liberty; reprimand; correctional custody’ extra duties; and
reduction of rank.

Articles of War 117 (Officers, Separation from Service) – No

enlisted man in the military service shall be discharged from
the service without a certificate of discharge, signed by the
Adjutant of the unit or other organization to which the enlisted
man belongs, and no enlisted man shall be discharged from
said service before his term of service has expire, except by
the order to the President and the Chief of Staff, AFP.