Name: DULNUAN, DICK A.

Course: Bachelor of Science in Criminology 1H

Date of submition: October 24, 2020
Submitted to: Ma’am Buy-a

Instruction: Identify and fill in the blanks.

MILITARY COURTESY & DISCIPLINE

Military discipline is necessary to ensure orderly and effective

group action. This is commonly known as teamwork. Teamwork is
particularly important in military operations where its presence or
lack of it may spell the difference between victory or defeat.

With discipline, everybody learns the sense of obligation to

himself and to his group, to his superiors and to the entire
organization where he belongs. He also realizes that he is a member
of a team, organized, trained and equipped for the purpose of
engaging and defeating the enemies of the state.

Really, all aspects of military life are affected by discipline. We

hear of "fire discipline", water discipline, "supply discipline", etc.

1. DEFINITION OF TERMS

a. MILITARY DISCIPLINE- is the state of order and obedience

among personnel in a military organization. It is characterized by the
men's prompt and willing responsiveness to orders and unhesitating
compliance to regulations.
b. MILITARY CORTESY- are the acts of politeness, civility and
respect that personnel in the military organization accord to one
other. Just like in the civilian world, military courtesy serves to
smooth the personal relationship among men in the profession of
arms. As a soldier, you must be thoroughly familiar with the different
forms of military courtesy. Learn to practice them wholeheartedly and
insist that your fellow soldiers do the same.
c. CUSTOMS OF THE SERVICE-it is the body of unwritten or
common law of the armies, navies and air forces.
d. MORALE– the term may be defined as the mental state and
spirit of an individual or unit.
e. EFFICIENCY– it is the ability to accomplish successfully an
assigned task in the shortest possible time with the least confusion.
Efficiency requires interest, resourcefulness, and proficiency. It
develops pride, and the satisfaction of a job well done.

2. THE SALUTE

The salute is the most important and the most common form of
all the military courtesies. It is a time honored tradition of the
profession of arms, practiced in all military organizations in the world.
The manner an individual executes the salute is an indication of his
attitude towards his duties as a military man and existing state of
morale and discipline in his unit. A sloppily and grudgingly rendered
salute or a childish pretense not to notice anyone to whom a salute is
due, shows neglect or ignorance of the individual duties, his lack of
confidence and ability to perform them, his lack of pride in his team
and possession of a stubborn and defiant character making him
unsuited to cooperate with others in a common effort. When you
salute or return a salute smartly, clearly mark yourself as a soldier
who has pride in yourself and your organization.

a. Who and What are Entitled to Salute

 1) Commissioned Officers (both male and female) of the
Armed Forces of the Philippines.
2) Commissioned Officers (both male or female) of the
Armed Forces of Allied Nations.
3) Civilian high officials or foreign dignities during
military honors rendered for them.
4) Colors and standard not cased.

b. When to Salute

1) Reporting to an officer.
2) Meeting an officer
3) When the national color passes by
4) When the national anthem is being played. (Outdoor
only)
5) Raising and lowering of flag.
6) After conversing with an officer.

c. When not to Salute:

1) When troops are at work

2) Indoors, except when reporting to an officer.
3) When carrying articles with both hands, or being so
occupied to make saluting impracticable.
4) When attending to a vehicle.
5) When meeting a prisoner
6) When in ranks
 Military personnel in uniform are always required to salute
all persons who are entitled to such courtesy whenever they meet and
recognized them. Saluting, however, is not necessary when riding
public conveyances such as trains and busses or when inside public
places such as theaters and restaurants or during situations when a
salute is manifestly in appropriate or impractical.

3. General Rules for Saluting

Following are the rules to observe when saluting:

a. Saluting distance is the distance of recognition. Usually it

does not exceed 30 paces. The salute is rendered and the hand is
held in position until the officers saluted has passed or after the
salute is returned
b. A salute must always be returned by the officer entitled to
it, unless he is in the formation of other officers. In which case, only
the most senior or the marcher returns it.
c. The salute must never be rendered in a casual or
perfunctory manners, nor with pipe, cigar or cigarette held in the
mouth or in the right hand. It is only rendered at a halt or a walk. If
running, a soldier comes to a walk before saluting. When mounted on
a horse, he brings the horse to a walk and salute.
d. When several are in a group, not in formation, all rise and
salute. When in formation only the commander or the most senior
salutes.
e. The salute is made whether a headgear is worn or not.
f. A soldier salutes an officer if he meets and recognizes him
inside a military camp even though they are both in civilian clothes or
when either one of them is in uniform. When both or each of them are
in civilian clothes and they meet outside of camp, a courteous “Good
Morning Sir” or other greeting will do.
g. The salute is rendered only once if the officer remains in
the immediate vicinity and conversation takes place, the junior must
again salute the officer when he leaves or dismiss him.
h. Unlike Navy personnel, soldiers never salute with the left
hand. When a soldiers hold something on his right hand, he transfer it
to the left and salute. When it is impractical to burden both hands, he
simply greets the officer as he meets him.
i. The salute is always executed while looking at the person
being saluted. It is always best to accompany such courteous gesture
with "Good Morning, Sir" or some appropriate greetings.
j. Enlisted Personnel salute other enlisted personnel only in
formation when rendering reports.
k. Whenever a soldier is in doubt, as to whether a salute is
appropriate or not-HE SALUTES

4. Services and Last Courtesies

Funeral services are accorded to all military personnel who died

in the performance of their duties. Deceased military personnel are
entitled to the following:

a. Vigil guards during the wake.

b. Gun salute during interment.
c. Pallbearers are provided to carry the casket during the
interment.
d. Taps is being played while the casket is being lowered to
the grave.
 As courtesy to the deceased military personnel, while the casket
is being carried from the house to the caisson military personnel
stand at attention, uncover and hold the headdress over their left
breast. During inclement weather, they execute hand salute. The
honor is also accorded to the remains as it passes by the mourners.
Military men not in formation attending military funerals follow the
mourners according to seniority.

As the casket is being lowered from the caisson to the grave

during the sounding of the volley, taps and funeral services, the
headdress is removed and placed over the left breast. During
inclement weather, military personnel remain uncover and execute
the hand salute. This position is maintained until the casket reaches
the grave or when it is beyond saluting distance. Active pallbearers
remain covered while they are carrying the casket.
 MILITARY JUSTICE

Military justice is the system for enforcing discipline and

administering criminal law in the Military Establishment. Under the
broad concept, rules governing the conduct of military personnel and
providing for a method by which persons who break them may be
punished are contained in the Articles of War, the Manual for Court-
Martial, the Constitution of the Philippines, and pertinent laws.

1. Military Jurisdiction.

Military Law emanates from several sources, among which are

the Constitution of the Philippines and International Law, some
specific provisions of the Constitution granting some powers to
Congress, and in the authority vested in the President of the
Philippines as Commander-in-Chief of all Armed Forces.

Military jurisdiction is exercised by a belligerent state occupying

an enemy’s territory (military government); by a government
temporarily governing the civil populace through its military forces
without authority of a written law as necessity may require (martial
law); and by the government in the execution of its authority over the
military as conferred by a branch of municipal law. Each exercise is
carried out by the following agencies.

a. Courts-martial – general, special, and summary

b. Commanding Officers in exercising their disciplinary
powers under Articles of War 105.
c. Courts of inquiry
d. Military tribunals or commissions.
2. Persons Subject to Military Law

As a general rule, courts-martial have the exclusive jurisdiction

over all persons subject to military law who commit an offense
penalized by the punitive articles of war. Persons subject to military
law refer to the following.

a. All officers and enlisted personnel in the Regular Force of

the AFP.
b. All reservists from the date of their call to active duty and
while on such active duty.
c. All trainees undergoing military instructions.
d. All cadets of the PMA and PAF Flying School, and
Probationary Lieutenants on actual training.
e. Retainers to camp and all persons accompanying or
serving with the AFP in the field of war or when martial law is
declared.
f. All persons under sentence adjudged by a court-martial or
military tribunal.

Military jurisdiction over a person is terminated upon discharge

or separation from the service . However, jurisdiction of a court-
martial as to offense is not automatically terminated upon discharge
or separation in the following instances:

a. Cases of fraud or embezzlement.

b. Where a discharge or separation is obtained through fraud,
the discharge or separation may be canceled and individual is
arrested and returned to military control.
 c. Where a soldier’s discharge or separation does not
interrupt his status as a “person subject to military law”.

When a person “subject to military law” commits or is charged

with a serious military offense, he/she shall be placed in confinement
or in arrest as circumstances may require. Arrest, in the sense, means
the taking into custody of someone by legal authority. When charged
with a minor offense only, such person shall not ordinary be placed in
confinement. Arrest or confinement may be deferred until arraignment
and failure to arrest or confine a person does not affect the
jurisdiction of court-martial.

The following classes of persons subject to military law shall be

placed in arrest and confinement as follows:

a. Enlisted person – by officers only in person, through other

persons subject to military law, or by oral written orders or
communication.
b. Officers, Probationary lieutenants, and cadets – by
Commanding Officers only a person, through other officers, or by oral
and written orders or communication. The authority to place such
persons under arrest confinement can be not be delegated.

Where any person subject to military law is placed under arrest

or confinement, immediate steps are taken either it prefers charges
against him with the view to bringing him to trial and carry the case to
a final conclusion, or dismiss the charges and subsequently release
him. But who may initiate or prefer the charges against an erring
military man. They are as follows:
 a. Anybody – whether subjects to military law or into, may
give information to military authorities concerned that an offense is
supposedly committed by a person subject to military law.
b. Any person subject to military law may prefer charges
against a military offender although he is under arrest or confinement.
(In minor cases, however, the necessary information is brought to the
attention of the immediate Commanding Officer of the accused).

Where no formal investigation is conducted, the charges are

referred to an investigating officer. This officer conducts the
investigation to determine whether a prima facie case exists. The
report of investigation is submitted to the Staff Judge Advocate (SJA)
for his study and/or advice.

If it is determined that no prima facie case exists to warrant trial

by court-martial, the case either dropped, or some other appropriates
action is taken.

On the other hand, where the SJA determines that there is prima
facie case, he recommends to the Commanding Officer exercising
court-martial jurisdiction to referral of the case to a court-martial for
prosecution. The action of a Commanding Officer on a case
disposable by operation of Article of War 105 shall be discussed
under a separate sub-topic of this chapter.

The Commanding Officer appoints a court-martial to try the

case. Once the trial is terminated and results in the conviction of the
accused, the sentence, as adjudged is ordered promulgate until it is
fully served. If, on the other hand, the trials end in the acquittal of the
accused, he is immediately ordered released from confinement and
restored to military duty.
3. Role of Courts-martial and other Tribunals

Courts-martial and other military tribunals generally exist to

assist commanders in the administration of military justice .
Specifically, they are established to enforce discipline in the Military
Establishment and to serve as deterrents to military crimes and
offense. And, by the very nature of the conduct of trial, these courts-
martial and other military tribunals hasten the administration of
military justice, let us look into the jurisdiction as to person, offense,
and punishments of each of the three (3) types of court-martial to
substantiate the contention just cited.

For instance, a general court-martial has jurisdiction over all

commissioned officers and other persons subject to military law who
commit an offense capital in nature and whose possible sentence or
punishment includes death, dismissal or dishonorable discharge from
the service, total forfeiture to pay and allowances, or confinement at
hard labor. In the Philippines Nay, a general court-martial can impose
the following: deprivation of liberty on shore, solitary confinement not
exceeding to thirty (30) days, and solitary confinement on diminished
rations not exceeding to thirty (30) days. Thus, we can see that since
officers are subject for trial to a general court-martial, this thought
alone construes a more tedious legal process to serve the ends of
justice. This compounded by the nature of the offense and the
punishment to be meted out.

A special court-martial, on one hand, has the exclusive

jurisdiction to try all other persons subject to military law, excepting
officers, for offense not capital in nature and whose probable
sentence includes confinement not exceeding six (60 months,
restriction to limits hard labor without confinement not exceeding
three (3) months, and reprimand, admonition, and demotion in rank.
The proceeding conducted are not as tedious as those for a general
court-martial.
 An entirely different case would be the trial by a summary court-
martial where its proceeding are much faster than those of the other
types of court-martial. Since it has at least one (1) member who seats
as president, trial judge advocate (TJA), and defense counsel (DC) at
the same time, and since its jurisdiction as to person, offense and
punishment is limited, summary court-martial can dispose of a certain
case in most expeditious manner. A summary court-martial can try
private, private first class, and NCOs below TSg for offenses not
capital in nature. It can judgement as follows: confinement from one
(1) month, restriction to limits for three (3) months, and for forfeiture
or detention of 2/3 pay for one (1) month.

Military commissions or tribunals play the same role as court-

martial. During martial law, which was in effect throughout the
country from 1972 to 1981, these commission or tribunals tried cases
referred to them in the same expeditious way. Even civilians who
committed offenses not subject for trial by the court-martial fell under
the jurisdiction of the special bodies whose proceedings were in
accordance with procedural law. Mention must be made here that a
Chinese national who was accused of drug pushing and distribution
was found guilty by a military commission and meted out the death
penalty through musketry. These bodies had helped in the faster
dispensation of justice which would have taken years to dispose of
under normal conditions.

4. Punitive Articles of War

As gleaned from historical records, the Articles of War were

promulgated effective September 14, 1938 when the unicameral
Philippine National Assembly enacted Commonwealth Act. No. 408
which became the basic law that give the guidance in the operations
of the Country’s Armed Forces, then known as the Army of the
Philippines. Then as now, there are 120 Articles most of which were
lifted from the US Uniform Code of Military Justice. It is for this
reason that our Articles of War had the same substance as the
American Military Code of 1928 which was found applicable of
Philippine conditions.
 Of the 120 Articles of War, 52 are considered as the punitive
because they specify that punishment is to be imposed for each
military offense committed. Articles of War 54 to 105, inclusive, are
the punitive articles. There are two (2) broad categories of crimes or
offenses included in the punitive articles of war and these are:

a. Crimes or offenses that are similarly within in the

contemplation of the Revised Penal Code of the Philippines.
b. Offenses that are strictly classified as purely military.

5. Article of War 105

This particular article of war empowers Commanding Officers of

units to punish personnel under them for minor offenses without the
intervention of a court-martial. This is the most expeditious way of
disposing minor cases without necessarily sacrificing the ends of
justice and military discipline.

Whether an offense is minor or serious one, its often a matter of

judgment on the part of Commanding Officers. In making decisions
pursuant to Article of War 105, Commanding Officer are guided by the
following factors, nature and circumstances attendant to the offense,
effect of the punishment on the unit as a whole, and manner by which
the offense is customarily punished in the military : Now, let us go
back into those factors that make an offense as serious and not
minor. The following are considered as serious military offenses.

a. Offenses involving moral turpitude.

b. Offenses with specific or mandatory punishment based on
the punitive articles of war.
c. Crimes or offenses calling for the imposition of the death
penalty.
 d. Other offenses where the judgment or sentence of
confinement in a penal institution is called for.

Under Article of War 105, Commanding Officers are authorized

to impose the following penalties under their broad disciplinary
powers.

a. Admonition
b. Reprimand
c. Suspension of privileges for a period not exceeding one (1)
week.
d. Extra fatigue not exceeding one (1) week.
e. Hard Labor without confinement not exceeding one (1)
week for privates and privates first class.
f. Any combination of the penalties just cited not exceeding
one (1) week.

These authorized punishments may be imposed only when the

offender do not demand trial by a court-martial. This is a basic
requirement to be met before any form of punishment can be
imposed. Once an accused demand trial by a court-martial, the
necessary charges are preferred for trial by a court-martial vested
with competent jurisdiction.