You are on page 1of 19

A PRIMER ON THE DISCIPLINARY POWERS OF COMMANDING OFFICERS UNDER ARTICLE OF WAR 105

OFFICE OF THE AIR FORCE PROVOST MARSHAL Colonel Jesus Villamor Air Base Pasay City

FOREWORD You shall do no injustice in court. You shall not be partial to the poor or defer to the great, but in righteousness shall you judge your neighbor. Leviticus 19:15

One of the most challenging tasks that military commanders face today is on the area of discipline, law and order. Attendant to its huge manpower resources, the military organization is beset with different organizational problems ranging from petty differences to issues of serious offenses that are committed either within the workplace or even when the soldier is off duty while attending to his own individual and private life. However, as a member of the Armed Forces, the individual soldier is bound to observe stringent regulations and codes of behavior wherever he is and whatever the situation he encounters. Every soldier is expected to live an honorable life; to offer himself unselfishly when situation calls for it; be measured by the character he possesses; and be required to exercise utmost discipline at all times. Military commanders are endowed with unique responsibility of not only overseeing that things get done but also in ensuring that every soldier conforms to the measure of character and discipline required of them. When soldiers fall short of these expectations, the military commander is likewise equipped with disciplinary powers that he can employ under the Articles of War (Commonwealth Act 408) as amended by Republic Act Nos. 242 and 516 and further amended by Presidential Decree No. 1968 dated 11 January 1985, and to act with dispatch to ensure that justice will be served in his unit. This primer will be of good use in providing our commanders a more comprehensive approach in dealing with cases that fall within his disciplinary powers as embodied in the Article of War 105. The topics herein included were extracted from the Manual for Courts Martial and given elaboration to give a significant emphasis to preclude the notion of impartiality among unit commanders. It has been observed that in some cases, unit commanders give differing views on some similar cases. Though each case is unique and thus viewed as such, the rendering of judgment shall be based on legally-accepted parameters to avoid the notion of injustice, bias and inequality among units. Much appreciation is given to all the men and women of the Office of the Air Force Provost Marshal and the Office of the Air Judge Advocate who painstakingly discussed the salient provisions of the Articles of War and other relevant regulations in order to come up with a more detailed and complete primer such as this. Foremost is to the PAF leadership who inspires us all with his vision to have A Morally Upright & WellDisciplined Philippine Air Force.

ISAIAS N ESPINO Colonel PAF (GSC) Air Force Provost Marshal

A PRIMER ON THE DISCIPLINARY POWERS OF COMMANDING OFFICERS UNDER ARTICLE OF WAR 105

TABLE OF CONTENTS

Topic 1. 2.

Page

Who may impose disciplinary punishment under AW 105? . . . . . . . . . . . . . . For purpose of AW 105, who may also be deemed as Commanding Officers? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Can the authority of a Commanding Officer under AW 105 be delegated? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For what offenses may disciplinary punishments be imposed? . . . . . . . . . . . What is a minor offense? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What is the character of the punishments under AW 105? . . . . . . . . . . . . . . What are the matters that have to be considered in determining appropriate punishments? . . . . . . . . . . . . . . . . . . . . . . . . . . . . What is the effect of procedural errors in the implementation of AW 105?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What are the authorized maximum punishments that may be imposed under AW 105?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 1 1 1 2 2 2 3 3

3.

4. 5. 6. 7.

8.

9.

a. Table of authorized maximum punishment by a commanding officer with GCM jurisdiction (General/Flag Officer) . . . . . . . . . . . . . . . . . 3 b. Table of authorized maximum punishment by a commanding officer whose rank is Lieutenant Colonel or Commander or above . . . . 4 c. Table of authorized maximum punishment by a commanding officer whose rank is Major or below. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. Can the punishments under AW 105 be suspended, remitted or mitigated?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Are the punishments imposed under AW 105 appealable? . . . . . . . . . . . . . . 12. What punishments are prohibited or not included under AW 105? . . . . . . . .

5 6 6 6

13. Is the imposition and enforcement of disciplinary punishment under AW 105 a bar to trial by court-martial? . . . . . . . . . . . . . . 14. What is the effect of the punishment under AW 105?. . . . . . . . . . . . . . . . . . 15. What is the liability of the commanding officer who refuses to act or delays action on a valid complaint against a person under his command, or refuses or delays to impose a disciplinary punishment under AW 105 or otherwise aids or abets the wrongdoing of a subordinate? . . . . . . . . . . . 16. What is the effect if the military person has been punished under AW 105 but whose trial by court-martial is still ordered by competent authority? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17. Aside from minor offenses, are there also offenses classified as less grave or grave offenses? How do you differentiate one from the other? . . . . . . . . . . . . . . . . . . . . . . . a. Table of possible options and authorized punishment . . . . . . . . . . . . . . b. Table of possible options for specific offenses . . . . . . . . . . . . . . . . . . . . 18. What is Circular 17 in relation to disciplinary power of a commanding officer? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 7

7 8 11

14

When justice is done, it is a joy to the righteous but terror to evildoers. Proverbs 21:15

A PRIMER ON THE DISCIPLINARY POWERS OF COMMANDING OFFICERS UNDER ARTICLE OF WAR 105

1.

Who may impose disciplinary punishment under AW 105?

The commanding officer of any detachment, company, battalion, squadron, commissioned vessel, or higher command or such other officers as may be authorized by the President 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. 2. For purposes of AW 105, who may also be deemed as Commanding Officers?

With respect to persons on detached service or assigned to their respective offices who are subject to military law: a. b. c. d. e. The Vice Chief of staff The Deputy Chief of Staff The Deputy Chiefs of Joint Staff of the Armed Forces of the Philippines The Chiefs of the Special, Administrative, Technical and Personal Staffs, General Headquarters, Armed Forces of the Philippines; and The Chiefs of the General Staff of the Major Services and Unified Commands of the Armed Forces of the Philippines.

3.

Can the authority of a Commanding Officer under AW 105 be delegated?

No, delegation is prohibited but communications with respect thereto may be signed or transmitted by him personally or as provided for official communications in general. However, a Commanding Officer exercising general court martial jurisdiction or an officer of general or flag rank in command may specifically delegate his powers under AW 105 to an officer who is one of his principal assistants. Unless otherwise prescribed by regulations or the terms of the delegation, the officer to whom these powers are delegated has the same authority under AW 105 as the officer who delegated the powers. 4. For what offenses may disciplinary punishments be imposed? Only for minor offenses.

5.

What is a minor offense?

The term offenses, as used in connection with the authority to impose disciplinary punishment under AW 105 for minor offenses, includes only those acts or omissions punishable under the Articles of War. 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. Generally, the term includes derelictions not involving moral turpitude (anything done contrary to justice, honesty, principle or good morals which are contrary to the accepted and customary rule of right and duty between men and women, i.e. theft, adultery, arson, etc.) or any greater degree of criminality than is involved in the average offense tried by summary court-martial. An offense for which the Articles of War prescribed a mandatory punishment or authorize the punishment of dishonorable discharge, or bad conduct discharge, or penitentiary confinement, is not a minor offense. The authorized punishment for minor offenses as prescribed by AW 105 range from admonition to demotion, hard labor to forfeiture of pay. 6. What is the character of the punishments under AW 105?

It is purely corrective in nature. Meaning, a soldier is given the chance to mend his/her ways. Committing the same offense for the second time constitutes habitual delinquency on the part of the soldier hence, considered an aggravating situation which is dealt with heavier penalties. 7. What are the matters that have to be considered in determining appropriate punishments?

In determining the appropriate punishment to be administered, commanding officers should consider the following: a. b. c. d. e. Age Experience Intelligence Prior disciplinary and military record of the offender All other facts and circumstances of the case

In determining the appropriate punishment, commanders should consider the desirability of suspending provisionally all or a portion of the punishment selected. Provisional suspension of punishment normally is warranted in the case of first time offenders or when persuasive extenuating or mitigating matters are present. Suspension not only provides a behavioral incentive to the offender but also affords the commander an excellent opportunity to evaluate the offender during the period of suspension.

8.

What is the effect of procedural errors in the implementation of AW 105?

Any failure to comply with any of the procedural provisions of AW 105 will not invalidate a punishment imposed, except to the extent that may be required by a clear and affirmative showing of injury to a substantial right of the person on whom the punishments was imposed, which right was neither expressly nor impliedly waived

9.

What are the authorized maximum punishments that may be imposed under AW 105?

The penalties that can be imposed by a commander to an erring soldier under Article of War 105 varies based on the rank of the Unit Commander as prescribed under Presidential Decree 1968 dated 11 January 1985, Executive Order 1005 dated 28 January 1985 and Circular 4, GHQ AFP dated 30 April 1985. They are classified whether the commanding officer is either with General Court Martial (GCM) jurisdiction (General/Flag Officer); or whose rank is Lieutenant Colonel or Commander or above; or whose rank is Major or below. a. Table of authorized maximum punishment by a Commanding Officer with GCM Jurisdiction (General/Flag Officer): AUTHORIZED PUNISHMENT 1. Withholding of privileges 2. Restriction 3. Arrest in quarters 4. Forfeiture of pay 5. Detention or withholding of pay 6. Deprivation of liberty 7. Reprimand 8. Admonition 9. Hard labor without confinement 10. Confinement OFFICER 60 days 60 days 30 days of 1 month base pay for 3 months of 1 month base pay for 6 months 60 days Yes Yes No No ENLISTED PERSONNEL 60 days 60 days 30 days of 1 month base pay for 2 months of 1 month base pay for 4 months 60 days Yes Yes 30 days 30 days

11. Correctional Custody 12. Extra duties

No No

30 days 45 days Above E-4 two (2) ranks only; Others lowest or any rank

13. Reduction in rank

No

b. Table of authorized maximum punishment by a Commanding Officer whose rank is Lieutenant Colonel or Commander or above : AUTHORIZED PUNISHMENT 1. Withholding of privileges 2. Restriction 3. Arrest in quarters 4. Forfeiture of pay 5. Detention or withholding of pay 6. Deprivation of liberty 7. Reprimand 8. Admonition 9. Hard labor without confinement 10. Confinement 11. Correctional Custody 12. Extra duties OFFICER 30 days 30 days 15 days of 1 month base pay for 1 month of 1 month base pay for 3 months 30 days Yes Yes No No No No ENLISTED PERSONNEL 60 days 60 days 30 days of 1 month base pay for 2 months of 1 month base pay for 4 months 60 days Yes Yes 30 days 30 days 30 days 45 days Above E-4 two (2) ranks only; Others lowest or any rank

13. Reduction in rank

No

c. Table of authorized maximum punishment by a Commanding Officer whose rank is Major or below:: AUTHORIZED PUNISHMENT 1. Withholding of privileges 2. Restriction 3. Arrest in quarters 4. Forfeiture of pay 5. Detention or withholding of pay 6. Deprivation of liberty 7. Reprimand 8. Admonition 9. Hard labor without confinement 10. Confinement 11. Correctional Custody 12. Extra duties OFFICER 30 days 30 days 15 days of 1 month base pay for 1 month of 1 month base pay for 3 months 30 days Yes Yes No No No No ENLISTED PERSONNEL 30 days 30 days 15 days of 1 month base pay for 1 month of 1 month base pay for 3 months 30 days Yes Yes 15 days 15 days 15 days 15 days a) SSgt to C/MSgt not more than two ranks 13. Reduction in rank No b) Sgt and below (Lower 4) up to the rank of Airman

NOTA BENE: Imposition of punishment shall be based on the existence of mitigating and aggravating circumstance. For b and c, the punishment of reduction in rank could not be imposed by the unit commander who has no Staff Judge Advocate (SJA) but may recommend said punishment to his commander of the next level of command who has SJA. However, even with SJA, unit commanders can only effect rank reduction from the ranks of Airman to Sergeant. When it comes to the reduction of rank from the rank of Staff Sergeant to Chief Master Sergeant, the unit commander may however recommend the same to the Commanding General who is the promoting authority for said grades. It is clearly established that from where the source of the power to promote also emanates the power to demote.

10.

Can the punishments under AW 105 be suspended, remitted or mitigated?

The officer who imposes the punishment or his successor in command may, at any time, suspend provisionally any part or amount of the unexecuted punishment imposed and may suspend provisionally reduction in grade or a forfeiture, whether or not executed. He may also, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether or not executed, and restore all rights, privileges and property affected. He may also mitigate a reduction in grade to forfeiture or detention of pay.

11.

Are the punishments imposed under AW 105 appealable?

Yes. A person punished under authority of AW 105 who deems his punishment as unjust or disproportionate to the offense may, through proper channel, appeal to the next superior authority, but may in the meantime be required to undergo the punishment adjudged. An appeal not made within a reasonable time may be rejected by the next superior authority. In the absence of unusual circumstances, an appeal made more than 30 days after the punishment was imposed may be considered as not having been made within a reasonable time. Authority superior to a particular commanding officer is the authority normally superior in the chain of command. However, when the punishment has been imposed under a delegation of a commanders power to impose disciplinary punishment the appeal will not be directed to that commander.

12.

What punishments are prohibited or not included under AW 105?

Punishments which tend to demean or degrade the rank or position of the person punished. Punishments such as touring with or without rifle or backpacks are usually applied during cadetship or basic military training and are not normally applied to regular soldiers as they demean the rank they earned. Likewise, hard labor is not applied to E-5 and above since the enlisted personnel belonging to this bracket are senior NCOs, thus it is demeaning to their rank. General fatigue performed by the unit wherein E-5 and above participates is not hard labor as a form of punishment under AW 105.

13.

Is the imposition and enforcement of disciplinary punishment under AW 105 a bar to trial by court-martial?

No. The imposition and enforcement of disciplinary punishment under AW 105 for any act or omission shall not be a bar to trial by court martial for a serious crime or offense growing out of the same act or omission and not properly punishable under AW 105. The fact that a disciplinary punishment under AW 105 has been enforced when so shown by the accused may be likewise considered by a court martial in determining the measure of punishment to be rendered in case of a guilty verdict.

14.

What is the effect of the punishment under AW 105?

Any officer meted the punishment under AW 105 by an officer exercising general court-martial jurisdiction or a general or flag rank in command shall automatically be considered on non-promotable status for a period of one year from the date of the imposition of the punishment. The imposition by an officer exercising general court martial jurisdiction or a general or flag rank in command of three or more disciplinary punishments during the three years next preceeding the consideration for promotion of an officer shall constitute a ground for deferment from promotion of the officer. Any enlisted person meted punishment under AW 105 by an officer in the grade of lieutenant colonel or commander shall automatically be considered on non-promotable status for a period of one year from the date of the imposition of punishment. 15. What is the liability of the commanding officer who refuses to act or delays action on a valid complaint against a person under his command, or refuses or delays to impose a disciplinary punishment under AW 105 or otherwise aids or abets the wrongdoing of a subordinate?

The commanding officer shall be subject to action under AW 105 by his immediate superior officer or punished as a court martial may direct. 16. What is the effect if the military person has been punished under AW 105 but whose trial by court martial is still ordered by competent authority?

Such fact shall be considered in determining the measure of punishment to be adjudged on a guilty finding. 17. Aside from minor offenses, are there also offenses classified as less grave or grave offenses? What are the commanders options in dealing with these kind of offenses?

Yes. Less grave offenses are those committed by acts or omissions involving disorders and neglects prejudicial to good order and discipline which brings discredit upon the military service provided the same is not included within the category of grave offenses. Grave offenses are those offenses committed that are punishable under the Revised Penal Code, special penal laws and municipal or city ordinances and any specific act of misconduct, disorder or neglect which brings discredit to the AFP in general. While the punishment for minor offenses ranges from admonition to reprimand, hard labor to forfeiture of pay, the punishment for less grave and grave offenses range from reduction in rank or discharge from the service to custodial confinement for enlisted personnel while for officers it range from reduction in the lineal list (through General Court Martial) or discharge from the service (through Efficiency and Separation Board) to penitentiary/custodial confinement.

In dispensing justice to his unit, the unit commander may rely heavily on the quality of investigation conducted. It is in this light that the investigating officer or provost marshal of the unit must exhaust all effort in coming up with a thorough and robust investigation. In most cases, commanders of different units render judgment differently on a common offense. This is because of the fact that each case is unique and commanders see them from their own perspective. In rendering judgment, the commander weighs the circumstances (including the aggravating and mitigating), the facts, quality of witnesses, evidence, and other information vital to the case. The common offenses usually committed by soldiers are incorporated herein, whether minor or grave offenses, to provide the commanders better perspective in the dispensation of cases for them to render a uniform application of punishment under existing rules and regulations in the military service, specifically under AW 105. Most offenses in the list fall under either AW 96 (Conduct Unbecoming of an Officer and a Gentleman) or AW 97 (Disorders and Neglects to the Prejudice of Good Order and Military Discipline).

a. Table of possible options and authorized punishment. OPTION OF AUTHORIZED PUNISHMENT OFFENSES OFFICER ENLISTED PERSONNEL a. Referral to GCM AW 54 Fraudulent Enlistment b. Not yet re-enlisted/ no re-enlistment Discharge without honor (Circular 17) c. Re-enlisted 1. Discharge upon ETE 2. Demotion AW 97 AW 55 Officer Making Unlawful Enlistment AW 56 False Muster AW 59 Desertion a. Referral to GCM b. Referral to ESB*

Not applicable

Not applicable a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM b. Discharge without honor (Circular 17)

a. Referral to GCM b. Referral to ESB*

a. Referral to GCM b. Referral to ESB*

AW 60 Advising or Aiding Another to Desert AW 61 Entertaining a Deserter a. Referral to GCM b. Referral to ESB*

a. Referral to GCM b. Discharge without honor (Circular 17) a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM b. Less than 30 days - AW 105 (demotion with forfeiture of pay)

a. Referral to GCM b. Referral to ESB*

a. Referral to GCM b. Less than 30 days - AW 105 AW 62 Absence Without Leave (AWOL)

c. More than 30 days but less than 90 days c. More than 30 days but less - AW 105 (maximum) than 90 days AW 105 (maximum) d. More than 90 days Drop from Rolls d. More than 90 days (AW 117) Discharge without honor (Circular 17)

a. Referral to GCM a. Referral to GCM Disrespect Toward Superior b. Referral to ESB* c. AW 105 (maximum) Officer AW 64 b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM AW 65 Assaulting or Willfully Disobeying Superior Officer AW 66 Insubordinate Conduct Toward Non-Commissioned Officer Not Applicable b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM AW 69 Quarrels, Frays, Disorders a. Referral to GCM b. Referral to ESB* c. AW 105(maximum) b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM b. Referral to ESB* c. AW 105 (maximum) b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM

AW 84 Military Property. Willful or Negligent Loss, Damage or Wrongful Disposition AW 85 Waste or Unlawful Disposition of Military Property Issued to Soldiers

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum) - With pecuniary liability and forfeiture of pay a. Referral to GCM b. Referral to ESB c. AW 105 (maximum) - With pecuniary liability and forfeiture of pay a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum) - With pecuniary liability and forfeiture of pay a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum) - With pecuniary liability and forfeiture of pay a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM b. Discharge without honor (Circular 17) a. Referral to GCM b. Confinement with hard labor and forfeiture of pay a. Referral to GCM b. Discharge without honor (Circular 17)

AW 86 Drunk on Duty

AW 87 Not applicable Misbehavior of Sentinel AW 91 Provoking Speeches or Gestures AW 95 Frauds Against the Government AW 96 Conduct Unbecoming of an Officer and a Gentleman AW 97 Disorders and Neglects to the Prejudice of Good Order and Military Discipline a. Referral to GCM b. Referral to ESB

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

a. Referral to GCM b. Referral to ESB a. Referral to GCM b. Referral to ESB

Not applicable

a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum)

10

b. Table of possible options for specific offenses OTHER SPECIFIC OFFENSES a. Referral to GCM b. Discharge without honor (Circular 17) a. Referral to GCM 2. Driving under influence (DUI) a. Referral to GCM b. Referral to ESB c. AW 105 (maximum) b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM 3. Abandonment (family) a. Referral to GCM b. Referral to ESB c. AW 105 (maximum) b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM 4. Non-support (family) a. Referral to GCM b. Referral to ESB c. AW 105 (maximum) b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM 5. Immorality a. Referral to GCM b. Referral to ESB b. Discharge without honor (Circular 17) a. Referral to GCM 6. Sexual harassment a. Referral to GCM b. Referral to ESB b. Discharge without honor (Circular 17)

1. Use of Prohibited drugs

a. Referral to GCM b. Referral to ESB

7. Indiscriminate firing under influence of liquor causing alarm and scandal

a. Referral to GCM a. Referral to GCM b. Referral to ESB b. Discharge without honor (Circular 17)

11

8. Indiscriminate firing not under influence of liquor provided that the same does not cause alarms and scandals

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

a. Referral to GCM b. AW 105 (maximum)

a. Referral to GCM b. 1st Offense - Demotion with forfeiture of pay c. 2nd Offense - Discharge without honor (Circular 17) a. Referral to GCM a. Referral to GCM b. Referral to ESB c. AW 105 (maximum) b. Discharge without honor (Circular 17) c. AW 105 (maximum) 11. Non-payment of debt a. Referral to GCM b. Referral to ESB c. AW 105 (maximum) a. Referral to GCM b. AW 105 (maximum)

9. Gambling

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

10. Drinking in unauthorized place

12. Malingering

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

a. Referral to GCM b. AW 105 (maximum)

13. Going abroad Without authority

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

a. Referral to GCM b. AW 105 (maximum)

14. Buying stolen goods

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

a. Referral to GCM b. AW 105 (maximum)

12

15. Failure to reenlist within the required period

Not Applicable

- Automatic discharge as expiration of term of enlistment - Demotion of one rank (If filed within 60 days after ETE but served (enlisted) for two consecutive terms) a. Referral to GCM b. AW 105 a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 a. Referral to GCM b. Confinement with hard labor and forfeiture of pay a. Referral to GCM

16. False swearing

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum) a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

17. Abuse of authority

18. Alarm and scandal

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

19. Physical Injuries

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM

20. Overt homosexual Acts and other sexual acts

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

b. Discharge without honor (Circular 17) c. AW 105 (maximum) a. Referral to GCM b. AW 105 (maximum) a. Referral to GCM b. AW 105 (maximum) a. Referral to GCM

21. Negligence of duty

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum) Not Applicable

22. Sleeping on post as sentinel/guard 23. Sleeping on post as sentinel/guard while under influence of drug/alcohol

Not Applicable

b. Discharge without honor (Circular 17)

13

24. Theft/Robbery/Filferage

a. Referral to GCM b. Referral to ESB c. AW 105 (maximum) a. Referral to GCM b. Referral to ESB c. AW 105 (maximum)

a. Referral to GCM b. Discharge without honor (Circular 17) a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum)

25. Maltreatment /Hazing

NOTA BENE: An officer who committed an offense punishable under the Articles of War does not preclude the referral of the case to Efficiency and Separation Board (ESB) especially when the offense had already prescribed and barred from being tried by a GCM; or it may involve immorality, sexual harassment, violation against women and children or that which violates ethical standards and raised question as to whether or not said officer is still fit to remain in the service. While General Court Martial imposes punitive actions as explicitly provided under existing rules and regulations of the AFP, the ESB on the other hand was created under EO 337 Series of 1988, as implemented by Circular Number 47, GHQ, AFP dated 21 February 1989 and rescinded by Circular Number 13, GHQ, AFP dated 11 August 2000 to cater to administrative actions against officers in the regular force and reserve officers on extended tour of active duty by discharge or separation from the military service. 18. What is Circular 17 in relation to disciplinary power of a commanding officer? Under AW 105, the penalty of discharge from the service is not among the prescribed authorized punishment that a commander may impose for offenses committed by military personnel. However, Circular 17, GHQ, AFP dated 02 October 1987 provides that a commander, as defined in this primer, may impose the penalty of discharge for offenses punishable by discharge to an erring enlisted personnel prior to the expiration of said personnels term of enlistment. However, the authority of the commander to discharge under the provision of Circular 17 is limited only to the rank of Airman to Sergeant and only if the unit has assigned Staff Judge Advocate. Since the Commanding General is the hiring authority for all enlisted personnel and at the same time the approving authority for the promotion and demotion of personnel in the ranks of Staff Sergeant to Chief Master Sergeant, the power to discharge personnel having these ranks (SSgt to C/MSgt), also emanates solely from the Commanding General. The unit commander may however recommend to the Commanding General the discharge of personnel belonging to this rank. REFERENCE: A Manual for Courts-Martial Armed Forces of the Philippines, Published by Authority of the President of the Philippines effective December 17,1938

14

ZERO OFFENSE ZERO TOLERANCE