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Introduction to Military Law and Justice System by Cpt Estep

Introduction to Military Law and Justice System by Cpt Estep

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Published by: Judel Kidatan Valdez on Dec 18, 2013
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 Introduction  History/Rationale for Military Law  Military Laws: • British Military Code • American Military Code • Philippine Military Code  Persons Subject to Military Law  Classification of Courts-Martial and its General Application  Composition of Different Types of Courts-Martial

” .Objective “ To provide students with a practical framework on their study of Military Law and justice.

History/Rationale MILITARY LAW Courts-Martial .

either as sole judges or with the assistance of councils * In EARLY GERMANS. bodies of men have been organized into Armed Forces under a Commander in Chief. in time of peace. * In ROMAN EMPIRE. who enforces highest form of discipline to ensure military efficiency.History/Rationale for Military Law * History points out the fact that nations have been engaged in wars. With this. who usually delegates his jurisdiction to the priest who accompanied the army. judicial proceedings were conducted by the Counts assisted by Assemblages of freemen and in time of war by the Duke or Military Chief. . Justice was administered by magistri militum and legionary tribunes.

History/Rationale for Military Law * In FRANCE.Norman system of administration of justice was adopted. the Constable and Provost Marshall. which was of European origin. of 1955. . the Grand Seneschal (officer in the household of medieval prince). Persons subject to French Military were under the * In PHILIPPINES. This system was adopted from the Spanish court-martial system. Anglo. Courts-martial were first established by an Ordinance jurisdiction of Mayor of the Palace. Courts-martial were established by the Revolutionary Army of 1896 to enforce discipline.

.Military Laws * British Military Code . . . .Military law in time of peace existed thru the passing of the First Mutiny Act of 1689.Articles of War in the form of Military Orders or Directions were issued to the army during war or during an expedition.military law existed in actual war during early periods.The Act together with the Articles of War formed the body of the British Military Code.First Mutiny Act had a peculiar trait in that its operation was limited to a term of about seven months.These annual enactment. It was then renewed and the renewal became annual obligation for the British Parliament. later became so enlarged as to embrace about one hundred sections in 1878. . .

Congress then appointed a committee to prepare rules and regulations for the government of the army. the Code of 1776 was enacted which superseded the Articles of 1775. It was modified to adopt the new form of government under the New Constitution designated as the Code of 1806.Military Laws * American Military Code . 1776.Second Continental Congress in its session on June 14.1775 resolved that a military force be raised to Boston. On June 30. the first American Articles of War-Code of 1775. .Provisional Congress of Massachusetts Bay adopted its Articles of War on April 5. 1775 then similar articles were adopted by the Provincial Assemblies of Connecticut and Rhode Island and Congress of New Hampshire.was enacted. .On Sept 20. 1775. .

February 8. the Articles for the Government of the Navy and the disciplinary laws of the Coast Guard and to enact and establish a Uniform Code of Military Justice.On May 5.1916. the bill was approved and a new Manual for Courts-Martial based on the New Articles of War was promulgated through Executive Order 10214. 1920 and 1949. . 1949. revise and codify the Articles of War.Military Laws * American Military Code . 1951. 1950.On Feb 8. consolidate. a bill was presented to unite. . .Several changes came that paved way to Articles of War in Codes of 1874.

consists of one hundred and twenty (120) articles and is the counterpart of American Code of 1928.Military Laws * Philippine Military Code . is still the organic law of the Armed Forces of the Philippines. . the first military law enacted by the National Assembly of the Philippines.Executive Order No 178. 1938. 1938. courts of inquiry.Commonwealth Act No 408.At present. it prescribes the rules of procedures including modes of proof in cases before the courts-martial. and other military tribunals in the Army of the Philippines . military commissions. the Commonwealth Act No 408 as recently amended by RA No 242 and further amended by RA No 516. . . approved on Sept 14. to implement the Commonwealth Act No 408 was promulgated on Dec 17.

draft or order to obey the same. . or ordered into. or to duty or for training in. drafted. flying cadets. all trainees undergoing military instructions. whenever used in these articles: a. Cadets. and probationary second lieutenants. All Officers and soldiers in the active service of the Armed Forces of the Philippines. All retainers to the camp and all persons accompanying or serving with the Armed Forces of the Philippines in the field in time of war or when martial law is declared though not otherwise subject to these articles. b. from the dates they are required by the terms of the call. c. from the dates of their call to active duty and while on such active duty. all members of the reserve force. the said service.Persons Subject to Military Law The following persons are subject to these articles and shall be understood as included in the term “ any person subject to military law” or “persons subject to military law”. and all other persons lawfully called.

Persons Subject to Military Law d. All persons under sentence adjudged by courts-martial. * * * * * Offenses committed prior to entry into service Separation from service Expiration of term of service Officer dropped from rolls Dishonorable discharge does not relate to any particular contract * Dishonorably discharged general prisoner still in confinement amenable to trial by Court-Martial * Retention in the Service of Reserve Officers for purpose of Court-Martial * Military prisoner under cumulative sentences .

Classification of Courts-Martial and Its General Application I. Special Courts-Martial III. Summary Courts Martial • • • Court-Martial an instrumentality of the Executive Power Court-Martial a court of law Court-Martial strictly a criminal court . General Courts.Martial II.

.Classification of Courts-Martial and Its General Application General Courts Martial * has the power to try any person subject to military law for any crime or offenses made punishable by Articles of War and any person who by law of war is subject to trial by military tribunals. and that in Philippine Navy. * has the power to adjudge any punishment authorized by law or the customs of the service. general courts-martial may impose deprivation of liberty on shore as a punishment and in imposing a sentence of confinement may include in the sentence solitary confinement not exceeding 30 days or solitary confinement not exceeding 30 days or solitary confinement on diminished ratios not exceeding 30 days. including a bad conduct discharge.

* shall not have the power to adjudge dishonorable discharge or dismissal or confinement in excess of 6 months. . nor to adjudge forfeiture of more than 2/3 pay per month for a period not exceeding 6 months.Classification of Courts-Martial and Its General Application Special Courts Martial * has the power to try any person subject to military law for any crime or offenses not capital made punishable by Articles of War.

.Classification of Courts-Martial and Its General Application Special Courts Martial * has the power to adjudge a bad conduct discharge in addition to any other authorized punishment provided that a bad conduct discharge shall not be adjudged by special court-martial unless a complete record of the proceedings of and testimony admitted by the court is taken in the case and provided further that in the Philippine Navy. or solitary confinement on diminished rations not exceeding 30 days. special courts-martial may also impose deprivation of liberty on shore as a punishment and in imposing a sentence of confinement may include in the sentence solitary confinement not exceeding 30 days.

* Provided. except an officer. . restriction to limits for more than 3 months or forfeiture or detention of more than 2/3 of one month’s pay. * shall not have the power to adjudge confinement in excess of 1 mo. that con-commissioned officers shall not. a flying cadet or probationary second lieutenant. if they object thereto. or solitary confinement on diminished rations not exceeding 15 days. be brought to trial before a summary courts-martial without the authority of the officer competent to bring them to trial before a special court-martial. for any crime or offense not capital made punishable by Art of War.Classification of Courts-Martial and Its General Application Summary Courts Martial * has the power to try any person subject to military law. Provided. that a punishment and in imposing a sentence of confinement may include in the sentence solitary confinement not exceeding 15 days. a cadet.

* Cadet not eligible to sit in Court Martial. * Probationary Officer not competent to serve on courts-martial. . * Enlisted Personnel in the active military service of the AFP shall be competent to serve in General and Special courts-martial for the trial of the enlisted personnel or trainees when requested in writing by the accused at any time prior to the convening of the court and in no case. the number of enlisted men detailed exceed one-third of the total membership of the court.Composition of the Different Types of Courts-Martial Who may serve on Court-Martial? * All Officers in active duty in the AFP.

Composition of the Different Types of Courts-Martial Qualifications of members of the Court-Martial In the opinion of the appointing authority. 3. Must not previously a member of the court. 8. 7. 6. to wit: Best qualified by reason of age. Judicial temperament. Training. 2. 4. 1. Experience. Less than 2 years in service shall not. Must not be an accuser or witness for either parties. Must not be suspended from rank. if it can be avoided without manifest injury to the service. . 5. be appointed as members of court-martial in excess of the minority membership thereof.

Composition of the Different Types of Courts-Martial General Courts-Martial * consist of any number not less than five * appointed by the President. the Chief of Staff of the Armed Forces of the Philippines. . the Commanding Officer of a division. and when empowered by the President. * the authority appointing a GCM shall detail as one of the members thereto a member of the BAR called LAW MEMBER. the Superintendent of the Military Academy. who shall be an officer of JAGS or of some other branch of the service who is a member of the BAR and certified by the Judge Advocate General. the Commanding Officer of a military area. the Commanding Officer of a separate brigade or body of troops.

He maintains order.Composition of the Different Types of Courts-Martial General Courts-Martial * no GCM shall receive evidence or vote upon its findings or sentence in the absence of the LAW MEMBER. gives direction necessary for the regular and proper conduct of the proceedings. takes proper steps to expedite the trial of all charges referred for trial. * Senior in rank among the members present is the PRESIDENT/PRESIDING OFFICER of the court. .

military area. camp. task force. . zone or commissioned vessel where troops are on duty. * appointed by the Commanding Officer of the Major Command. or division and when empowered by the President. regiment. * any authority who can appoint GCM can also appoint a SCM.Composition of the Different Types of Courts-Martial Special Courts-Martial * consists of any number of members not less than three (3). the Commanding Officer of a garrison. or other detached command. fort. or place. brigade. detached battalion or squadron.

detached company. fort. * appointed by the Commanding Officer of a garrison. . where troops are on duty. detached battalion. or other detachment. and the Commanding Officer of a regiment. * may in any case be appointed by superior authority when it is deemed desirable. or other place. camp. commissioned vessel.Composition of the Different Types of Courts-Martial Summary Courts-Martial * consists of only one officer.

and represent the accused. if the accused desires.guard the interests of the accused by all honorable and legitimate means known to the law. 2. .perform any duty devolved by law.primary duty is to prosecute in the name of the people of the Phil and shall prepare the records of the proceedings. Defense Counsel . undertake the defense. 3. Defense Counsel. Asst Trial Judge Advocate .in the presence of the accused’s counsel. in the absence of his counsel of his own choice. regulations or the custom of the service upon the trial judge advocate of the court. Trial Judge Advocate .Other Members of the GCM and SCM 1. . act as his associate counsel.

regulations. Clerk and Orderlies . shall record the proceedings of and testimony taken before such court. 6. shall translate questions and answers given to him.serve as stenographer.serve as translator. or the custom of the service upon counsel for the accused. Reporter . Asst Defense Counsel .assists the trial judge advocate and counsel for the accused .perform any duty devolved by law. 7.Other Members of the GCM and SCM 4. 5. Interpreter .

 Introduction  History/Rationale for Military Law  Military Laws: • British Military Code • American Military Code • Philippine Military Code  Persons Subject to Military Law  Classification of Courts-Martial and its General Application  Composition of Different Types of Courts-Martial .

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