MILITARY JUSTICE

MILITARY SCIENCE (MS-1)

2LT ARCAN O LATAYAN PA (RET)
SCOPE OF PRESENTATION
Introduction
Sources of military law
Military jurisdiction
Selective punitive articles
Court martial
 Introduction
The military justice system was meant to enable
commanders to disposed personnel problems in
their units in the most expeditious manner.
Speedy disposition of cases preserves discipline,
promotes justice and enhances the attainment of
the Commander’s mission.
 Introduction
In concept, the military justice system is
designed to enforce discipline and administer
justice in the military service, and it is composed
of four (4) components:

1. Investigation - is the process of looking into

the circumstances of a case for the purpose of
verifying and establishing the facts.
 Introduction
2. Prosecution - the accusation of a crime before
a legal tribunal.

3. Trial or adjudication - a legal action before a

judge and jury.

4. Judgment or decision - punishment given to

the accused who committed such crime.
 Introduction
These same components permeate (fill)
two distinct division of the system,
namely:

1. Administrative cases - are those that

result in decisions not involving penal
sanctions and may take such mild
disciplinary or instructive forms as admonition,
reprimand and the like.
 Introduction
2. Punitive cases - are those that result in
judgments of fine, hard labor, deprivation of
liberty or combination of these whenever guilt of
those involved are proven.
 Introduction
The type of evidence and degree of proof
required are also different for these two
categories.

Punitive cases require guilt to be proven beyond

reasonable doubt while Administrative cases
require only preponderance (occurrence) of
evidence to gain positive adjudication.
SOURCES OF MILITARY LAW
Articles of War are set of laws,
known as Commonwealth Act No. 408,
was enacted by the Philippine National
Assembly on 14 September 1938.
Among others, the Articles of War
defines the offenses punishable under
the law and prescribes the
corresponding punishment.
SOURCES OF MILITARY LAW
Rules governing the conduct of
military personnel and providing for a
method by which persons be punished
are contained in the Articles of War.
SOURCES OF MILITARY LAW
Military jurisdiction emanates from
several sources among which are the
constitution of the Philippines and
International Law. Military jurisdiction
are carried out by the following
agencies.
MILITARY JURISDICTION
Court-Martial - General, Special and
Summary
Commanding Officers in exercising their
disciplinary powers under AW 105.
Court of Inquiry
Military Tribunals or Commission
MILITARY JURISDICTION
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. To be more
specific, the term “persons subject to
military law” refers to the following:
PERSONS SUBJECT TO MILITARY LAW

1. All officers and enlisted personnel in

the regular force of the AFP.

2. All reservists from the date of their

call to active duty and while on such
active duty.
PERSONS SUBJECT TO MILITARY LAW

3. All cadets of the PMA and PAF

Flying School, and Probationary
Lieutenants on actual training.

4. All trainees undergoing military

instructions.
PERSONS SUBJECT TO MILITARY LAW

5. Retainers to camp and all persons

accompanying or serving with the
AFP in the field in time of war or
when martial law is declared.

6. All persons under sentence

adjudged by a court-martial or
military tribunal.

7. All persons under sentence

adjudged by a court-martial or
military tribunal.
PUNITIVE ARTICLES OF WAR
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 gave the guidance and operations
of the country’s Armed Forces, there
are 120 Articles, most of which are lifted
from US Uniform Code of Military
Justice.
PUNITIVE ARTICLES OF WAR
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 to Philippine
conditions.
PUNITIVE ARTICLES OF WAR
1. Article 54 - Fraudulent enlistment
2. Article 55 - Officer making unlawful
enlistment
3. Article 56 - False muster
4. Article 57 - False returns or omission
to render returns
5. Article 58 - Acts to constitute desertion
PUNITIVE ARTICLES OF WAR
6. Article 59 - Punishment for Desertion
7. Article 60 - Advising or Aiding Another
to Desert
8. Article 61 - Entertaining a Deserter
9. Article 62 - Absence Without Leave
10. Article 63 - Disrespect Toward the
President, Vice President,
Prime Minister, Chairman of the
National Assembly or Minister
of National Defense
PUNITIVE ARTICLES OF WAR
11. Article 64 - Disrespect toward Superior
Officer
12. Article 65 - Assaulting or willfully
disobeying Superior Officer
13. Article 66 - Insubordinate conduct
toward Non-Commissioned
Officer
14. Article 67 - Mutiny or sedition
15. Article 68 - Failure to suppress mutiny
or sedition
PUNITIVE ARTICLES OF WAR
16. Article 69 - Quarrels, frays & disorders
17. Article 70 - Arrest or confinement
18. Article 71 - Charges, action upon
19. Article 72 - Refusal or receive and
keep prisoners
20. Article 73 - Report of prisoners received
21. Article 74 - Releasing prisoner without
proper authority
22. Article 75 - Delivery of offenders to
Civil Authorities
PUNITIVE ARTICLES OF WAR
23. Article 76 - Misbehavior before the
enemy
24. Article 77 - Subordinate compelling
Commander to surrender
25. Article 78 - Improper use of countersign
26. Article 79 - Forcing a safeguard
27. Article 80 - Captured property to be
secured for public service
28. Article 81 - Dealing in captured or
abandoned property
PUNITIVE ARTICLES OF WAR
29. Article 82 - Relieving, corresponding
with or aiding the enemy
30. Article 83 - Spies
31. Article 84 - Military property, willful or
negligent loss
32. Article 85 - Waste or unlawful
disposition of military
property issued to soldiers
33. Article 86 - Drunk on duty
34. Article 87 - Misbehavior of sentinel
PUNITIVE ARTICLES OF WAR
35. Article 88 - Personal interest in sale of
provisions
36. Article 88A – Unlawfully influencing
action of court
37. Article 89 - Intimidating of persons
bringing provisions
38. Article 90 - Good order to be maintained
and wrong redressed
COURT MARTIAL
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
offenses.
TYPES OF COURT MARTIAL
A. General Court Martial
Consist of any number of members
not less than five (5) and by whom may
be appointed by the following: the
President, Chief of Staff of the AFP and
when empowered by the President, the
Commanding Officers of major
commands or task forces, division
regional commands, the Superintendent
of the Philippine Military Academy,
Commanding Officers of separate
brigades or body of troops.
TYPES OF COURT MARTIAL
B. Special Court Martial
Consist of any number of members
not less than three (3). The following
may appoint special court martial:
Commanding Officers of major
commands, task forces, regional
commands or divisions and when
empowered by the President,
Commanding Officer of a garrison,
camp, brigade, regiment, detached
battalion or other detached command or
commissioned vessel.
TYPES OF COURT MARTIAL
C. Summary Court Martial
An entirely different case would be
the trial by a summary court martial
where its proceedings are much faster.
Since it has at least one member who
sits as president, trial judge advocate
(TJA) and defense council at the same
time, and since its jurisdiction as to
person, offense, and punishment is
limited. A summary court martial can
dispose of a certain case in the most
expeditious manner.
MILITARY COMMISSION OR TRIBUNAL

The commission or tribunal play the

same role as court-martial. During
martial law, which was in effect
throughout the country from 1972 to
1981, these commissions or tribunals
tried cases referred to them in the same
expeditious way. Even civilians who
committed offenses not triable by courts
martial fell under the jurisdiction of
these special bodies whose
proceedings were in accordance with
procedural law.
MILITARY COMMISSION OR TRIBUNAL

A valid example of this case is that of

a Chinese national who was accused of
drug pushing and distribution and was
found guilty by a military commission
and meted out the death penalty thru
musketry.
END OF LECTURE

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