MILITARY JUSTICE SYSTEM

I. CONCEPT:

MILITARY JUSTICE SYSTEM – is designed to enforce discipline and

administer justice in the military service and is composed of four components,
namely: Investigation, Prosecution, Trial or Adjudication and Judgment or Decision.

Administrative Cases – are those that result in the decision not involving
penal sanction and may take such mild discipline or instructive forms as admonition,
reprimand and the like. Those are usually disposed of all commanders from a detach
unit to the highest command level.

Punitive Cases - are those that result in judgment of fine, hard labor,
deprivation of liberty or combination of those whenever guilt of those involved are
proven. Those are usually higher command level and matters.

The type of evidence and degree of proof required are also different for those
two categories. Punitive Case requires guilt to be proven beyond reasonable doubt
while Administrative Cases requires only preponderance of evidence to gain
punitive adjudication.

II. PERSON SUBJECT TO MILITARY LAW:

1. All officers and soldier in the active service of the AFP.

2. Member of the reserve force from dates of their CAD and while on
active duty.
3. Trainees undergoing military instruction.
4. All other persons lawfully called Draftees or Ordered into, or to duty or
for training in the service from the dates of their calls, drafts or order to obey the
same.
5. Cadet of the PMA, flying Cadets of the PAF, Flying School and
Probationary Lieutenants.
6. All retainers to the camp and all persons accompanying or serving with
the AFP in the field in time of war or when martial law is declared. All persons under
sentence adjudge by court martial.

III. COURT MARTIAL – is a military Court created pursuant to the article of war
whose function is to decide whether as person amicable to trial there under has
committed a violation thereof and if it finds his guilty to adjudge the authorized
punishment of the offense.

A. Classification for Court Martial - General, Special and Summary.

B. Composition of Court Martial - All commission officers in active duty

are competent to serve on court martial. No distinction exists among the various
classes of officer in the military service. 2LT’s who are member of the Nurse Corps
and Reserve Officer on Active Duty Training may not serve court martial. No officer
small be eligible to sit as a member of a general or special court martial if he is the
accuser or a witness for the prosecution or for defense, or in case of rehearsing if he
was a member of the court which first heard the case.

C. Number of Members – General Court Martial may consist of any

number of officers not less than five (5) Special Court Martial of any number of
officers not less than three (3) and a Summary Court Martial consist of one (1)
officer. A law member shall be an officer of the Judge Advocate General Service
shall be detail as one of the members of a General Court Martial.
 D. Rank of Members - Officers inferior to the accused rank or those
below his rank on the seniority shall not try list by them.

E. Appointing Authorities – The President of the Philippines and the

Chief of Staff, AFP may appoint General Court Martial of when empowered by the
President, CO of Division or the Superintendent of the PMA (except for the trial of an
officer), CO of separate brigade or body of troops may appoint general court martial
and if such commander of the court martial will be appointed by super-competent
authority.

On Special Court Martial - those persons who can appoint GCM and when
empowered by the President, the CO of the garrison, fort, camp, brigade, regiment,
detached battalion or other detached commander may appoint special court-martial.
But when such commanding officer is the accuser or the prosecutor of the person or
persons to be trialed, the court shall be appointed by the superior authority and may
in any case be appointed by superior authority when by the latter deemed desirable.

On Summary Court Martial - The CO of garrison, fort, camp or, other place
where troops are on duty and the CO of a regiment, detached battalion, detached
company or other detachment may appoint summary court martial. But such
summary court martial may be appointed by superior authority in case the latter
deemed desirable provided, but when one (1) officer is present with a command, he
shall be the summary court martial of that command and shall hear and determine
cases brought before him.

Where the appointing authority of summary court martial or the summary

court officer is the accuser or the prosecutor of the person or persons to be trialed. It
is discretionary with the appointing authority with a recommendation that the latter
appoint the summary court, but the fact that the appointing authority or the summary
court officer is the accuser or prosecutor in a particular case does not invalidate the
trial. When more than one (1) officer is present, a subordinate officer will be
appointed in summary court martial. When one (1) officer is present, no order
appointing the court will be issued.

F. Appointment of Trial Judge Advocate, Defense Counsel and

Assistance – For each general or special court martial, the authority appointing the
court shall appoint a trial judge advocate and a defense counsel. Each general court
martial has one (1) or more assistant trial judge advocate and one (1) or more
assistant counsel maybe appointed when necessary. This appointment couldn't be
delegated.

G. REPUBLIC ACT 7055 - An act strengthening civilian supremacy over

the military authority by returning to the civil courts the jurisdiction over certain
offenses involving members of the AFP. Other persons subject to military laws, and
the members of the PNP repealing for the purpose of certain Presidential Decree
(PD NO 1822, 1822A, 1350 & 1952)

Art 53 - Acts constitutes desertion:

Arraignment – is that reading of the charges and specification and asking the
accused how he pleads to each specification & charges.

Challenge - is an objection to the right of any member of the court to

participate in the trial.
 Arrest – is a form or restraint imposed to a person in charge with having
violated the article of war, which does not, involved the actual taking of his physical
custody.

Confinement - is a form of restraint by placing of the person charged in

physical custody such as detention in disciplinary.

PUNITIVE ARTICLES OF WAR

Art 54 - Fraudulent Enlistment – any person who procures himself to be enlisted

by:

-Willful misrepresentation or
-Concealment as to qualification for enlistment
-And receive pay or allowance (Punishment as Court martial may direct).

Instance of Offense:

1. Concealment of previous dishonorable discharge.

2. Concealment of discharge without honor.
3. Concealment that he deserted.
4. False representation of marital status.

Fraudulent enlistment is not void but voidable only at the option of the
government. The offense can be waived and the soldier may be retained in the
service.

Maximum Punishment – is the punishment granted to those who committed

capital offenses in the AFP which is tantamount to dishonorable discharge, forfeiture
of all pay and allowances and confinement with hard labor for one (1) year.

Art 56 - False Muster – Any officer who:

a. Makes false muster of a men or animals.

b. Signs, directs or allows the signing of any muster roll knowing the
same to contain false statement to the absence or pay an officer or soldier.
c. Wrongfully takes money or other consideration on mustering in a unit.
d. Knowingly false muster as an officer or a soldier shall be dismissed
from the service and suffer punishment as court martial may direct.

Sample Offenses:

a. Mustering any person by wrong name.

b. Mustering any person as soldier when he is not a soldier.
c. Including officer and men as present when they are absent from the
regiment.
d. Including officers and men as member of the unit after they have been
discharged or dead.

Art 57 - False Returns - Committed by officers only who render false report to
superior authority on the return of troops under his unit or of arms, ammunition, fund
etc.., shall be dismissed from the service and suffer other punishment a court martial
may direct.
 NOTE: As officer chargeable under this article may also be charge under Art
171 of the RPC – Falsification by public officer, employee, notary or ecclesiastic
monitor (making it upper that person participated in act although as did not)

Art 58 - Acts constituting desertion:

a. Any officer, having tendered his resignation and prior to notice of

acceptance, quits his post or proper duties without leave and with intent to absent
permanently shall be deemed a deserter.
b. Any soldier without having been first discharge again enlists in the AFP
or Armed Forces of foreign country shall be deemed a deserter of the service.
c. Any person subject to mil law quits his organization or place of duty
with intent to avoid hazardous duty or shrink important service to be deemed
deserter.

Art 58 - Is not punitive but merely as rule of evidence and charges of desertion
should be brought under AW 59 (Desertion). Example: Case of a LT in the US
Army who went on AWOL and enlisted in the US Marine Corps. Apprehended, tried
and convicted. It was ruled by the court that his enlistment in the Marine Corps was
evidence of his intention not to return to the Army.

Art 59 - Any person subject to military Law desert or attempt to desert the AFP shall:

a. If offense committed in time of war suffer death or such other

punishment as court martial may direct. (Note: Provision of the Constitution on
capital punishment).
b. At any other time many punishment court martial may direct except
death.

Art 60 - Advising or aiding another to desert. Any person who:

Advises, persuades or assist another to desert the service, if committed in

wartime punishment by death, if committed at other time any punishment except
death. In advising or persuading to desert, it is not necessary that there is actual
desertion. It is important that the persuasion should have induced the act.

Art 61 - Entertaining a deserter - Any officer, who after knowing a soldier in his
command without informing superior authority or the commander of the organization
of the deserter shall be punished as a court martial may direct.

Example – giving shelter to deserter after desertion

Art 62 – Absence Without Leave (AWOL) – Any person subject to military law who:

a. Fails to report at fixed time to the properly appointed place duty.

b. Goes from same without proper leave or
c. Absent himself from his command, guard quarters station without
proper leave-punished as court martial may direct.
d. AWOL is lesser including offense in desertions.

Art 63 - Disrespect Toward the President, Vice President, Congress or Set of

National Defense. Any officer who uses contemptuous or disrespectful words
against the above shall be dismissed from the service or such punishment as court
martial may direct. Any other person who so offense (on may direct) More adverse
criticism uttered in political discussion not intended to be respectful is not a violation
of this article.

Art 64 – Disrespect towards Superior Officer- Any person who behaves with
disrespect towards his superior officer shall be punished as court martial may direct.

Offense may consist of:

a. Words- like upon declaration of intention to disobey orders.

b. Disrespectful words uttered against an officer in the presence of other
officer.
c. An act neglecting the customary salute.
d. By indifference insolence or rudeness in his presence.

Art 65 – Assaulting or willfully disobeying superior officer – any person subject

to military Law (STML) who: Strikes his superior officer and/or Draws or lift any
weapon

Officer violence against him being in the execution of his OFFICE or willfully
disobey any lawful command of his superior officer shall suffer death or such other
punishment as court martial may direct. Of course consider the constitutional
provision on abolition of death penalty. If striking is intentional, either gentle or hard
blow is a violation of the article. Accidentally blow is not a violation of the Article.

Art 66 – Insubordinate Conduct Toward Non-Commissioned Officer - Any

soldier who strikes, assaults or attempts or threat or to strike or assault or in the
execution of his office or uses insulting language shall be punished as court martial
may direct. Limited to the offense committed within sight or hearing of the non-
Commission Officer against whom the act or language is directed.

Art 67 – Mutiny and Sedition – any person subject to mil law who attempts to
create or who begins, incite, causes or joins any mutiny or sedition in any company,
party, post, camp, detachment guard or command shall suffer death or such other
punishment as court martial may direct.

Defined:

Mutiny – concerted insubordination on opposition, defiance of or resistant to

lawful mil authority by two or more persons subject to such authority or neutralize it
for the time being.

Sedition – Form or resistance to civil power demonstration by riot, disorder.

Intent alone is not sufficient no matter how deliberated and fixed or even if there is
unanimous conspirator, the offense of mutiny will fall. In other words, words alone,
unaccompanied by acts will not suffice to constitute mutiny.

Art 68 – Failure to Suppressed Mutiny – any officer or soldier present at any

Mutiny or sedition does not use his outmost endeavor to suppress the same or
having reason to believe that mutiny or sedition is to take place does not without
delay give information to his commanding officer-death or such punishment as court
martial may direct. It is crime simply to “stand by” while mutiny is being committed.
Art 69 – Quarrels; Frays; Disorders- Any officer and non-Commission Officer have
power to part and quell all quarrels, frays, and disorders among person subject to mil
law and to order officers who take part in the same into arrest, and other persons,
subject to mil law who take in the same arrest or confinement as circumstances may
require until their proper superior officer is acquitted there with. And whosoever,
being so ordered, refuse, to obey such officer, or fray a weapon upon or otherwise
threatens or does violence to him shall be punished as the court martial may direct.
(As amended by RA 516)

Art 70 – Arrest Confinement – Any person subject to military law charged with
crime or with an offense under these articles shall be placed in confinement or in
arrest, as circumstances may require; but when charge with a minor offense only,
such person shall not ordinarily be placed in confinement. Any person placed in
arrest under the provisions of this article shall thereby be restricted to his barracks,
quarters, or tent, unless such limits shall be enlarged or who escapes from
confinement, whether before, or after the trial or sentence and before of suffer such
other punishment as court martial will direct, and say other person subject to mil law
who escapes from confinement or who break his arrest, whether before or after trial
or sentence and before he is set at liberty by proper authority shall be punished as
court martial may direct.

Art 71 – Charges action upon- charges and specification must be signed by a

person subject to military law and under oath either that he has personal knowledge
of war was investigated, the matters set forth therein or that the same are true in fact
to the best of his knowledge and belief.

No charges will be referred to a general court martial for trial until after a
thorough and impartial investigation thereof shall have been made. This investigation
will include inquires as to the truth of the matter set forth in said charges, from of
charges and what disposition of the case should be made in the interest of justice
and discipline. At such investigation full of opportunity shall be given to the accused
to cross examine the investigation or the available witnesses requested by the
accused. If the charges are forwarded after such investigation they shall be
accompanied by a statement of the substance of the testimony taken both sides.

Before directing the trial or any charges by the general court martial the
appointing authority will refer it to his staff judge advocate for consideration and
advice. `

When any person subject to mil law is placed in arrest or confinement

immediate steps will be take to try the person accused or to dismissed the charged
and release him. Any officer who is responsible for unnecessary delay in
investigating or carrying the case to final conclusion shall be punished as a court
martial may direct. When a person is held for a trial by general court martial, the
commanding officer, within eight (8) days after the accused is arrested or confined, if
practicable forward to charges to the officer exercising General Court Martial
jurisdiction and furnish the accused a copy of charges furnish the accused as herein
before provided. In time of peace, a person shall against his objection, be brought to
trial before a General Court Martial within a period of five(5) days subsequent to the
service of charge upon him. (As amended by RA 242)

Art 72 – Refusal to receive and keep Prisoners –No provost marshal or

Commander of a guard shall refuse to receive or keep any prisoners committed to
his charge by may officer belonging to the Armed Forces of the Philippines of the
Constabulary provided the officer committing shall, at the time deliver on account in
writing of the crime of offense charge against the prisoner. Any officer or soldier so
refusing shall be punished as a court martial may direct. (As amended by RA 242).
Art 73 – Report of Prisoner Received – Every commander of a guard to whose
charge a prisoner is committed shall, within twenty four (24) hours after such
confinement, or as such as he is relieved from his guard, report in writing to the
commanding officer the same of such prisoner, the offense charge against his, and
the same of office committing him; and if he fails to committed make such report, he
shall be punished as a court martial may direct. (As amended by RA 242).

Art 74 – Releasing Prisoner without Proper Authority – Any person subject to

military law, without proper authority, release any prisoner duty committee to his
charge, or who through neglect or design, suffers any prisoner to committed to
escape, shall be punished as a court martial may direct.

Art 75 – Delivery of offenders to Civil Authority – When any person subject to

military law, except one who is held by the military authorities to answer, or who is
awaiting trial or result of trial or who is undergoing sentence for crime of offense
committed and punishable by law ordinance, the commanding officer is required,
except in time of war, upon application on duty made, to use his utmost endeavor to
deliver such accused person to the civil authorities, or the officer of Justice in
apprehending and securing him, in order that he may be brought to trial. Any
commanding officer who upon such application refuse or willfully neglects, except in
time of war, to deliver over such accused person to the civil authority or to aid officer
of justice in apprehending and securing him shall be dismissed from the service or
suffer such other punishment as court martial may direct.

When, under the provision of this article, delivery is made to the civil
authorities of an offender undergoing sentence of a court martial, such delivery, if
followed by conviction, shall be held to interrupt the execution of the offense of the
court martial and the offense shall be return to military custody, after having
answered to the civil authorities for his offense, for the completion to the said court
martial sentence.

Art 76 – Misbehavior Before the Enemy – Any officer or soldier who, before the
enemy, misbehave himself, run away, shamefully abandon or delivers up any
misconduct, disobedience, or neglects endangers the safety of any fort, camp,
guard, or other command which it is duty to defend, or speaks works inducing others
to the like or cast away him arms and ammunition, or quits his post, or colors to
plunder or pillage or by any means whatsoever occasions false alarm in camp,
garrison, or quarters, shall suffers death or such other punishment as a court martial
may direct.

Art 86 – Drunk on Duty – Any officer who is found drunk on duty shall, if the
defense be committed in time of war, be dismissed for the service and suffer such
other punishment as a court martial may direct; and if the offense be committed in
time of peace, he shall be punished as a court martial may direct. Any person
subject to military law, except an officer who is found drunk shall be punished as
court martial may direct.

Art 87 – Misbehavior of Sentinel – Any person who is found or sleeping upon his
post, or who leaves if before he is regularly relieve shall, if the offense be committed
in time of war, suffer death or such punishment as a court martial may direct and if
offense be committed in time of peace, he shall suffer any punishment, except death,
that a court martial may direct.

Art 88 A – Personal Interest is Sale or Provision –Any officer commanding in a

garrison, fort, barracks, camp, or other place where troops of the Philippine may be
serving who, for this private advantage lays any duty or imposition upon or is
interested, directly, in the sale of any visuals or other necessaries of life brought into
such garrison, fort, barracks, camp, or other place for the use of troops, shall be
dismissed from the service and suffer such other punishment as court martial may
direct.

Art 88 B – A unlawfully influencing Action of Court – Any authority appointing a

general, special or summary court martial or any other commanding officer, who
reprimand, or admonish such court or any number thereof, of its or his judicial
responsibility shall be punished as the court martial may direct.

How this article be violated – an officer may violate this article by favoring
certain private contractors supply of victuals, other food staff or other necessaries of
life used by the soldiers in the camp or station of which he is the commanding officer.
In order to violate this article, it is necessary that the commanding officer has gained
private advantage, either for himself or any member of this family.
Violation of this article constitutes conduct unbecoming, as it is good taste or
property or not consonant with usage. In view of AW 98 (Conduct Unbecoming) the
necessity of this article no longer exists.

Article 90 - Good order to be maintained and wrong redressed. All persons

subject to military law are to behave themselves orderly in quarters, garrison, camp
and when on the march. Any person subject to military law who willfully destroys
any property or commits any kind of depredation or riot, shall be punished as a court
martial may direct.

Article 91 - Provoking speeches or gestures. No person subject to military law

shall use any reproachful or provoking speeches or gestures to another. Any person
who violates this article will be punished as a court martial may direct.

Article 92 - Dueling. Any person subject to military law who promotes or connives
at fighting a duel, or who, having knowledge of challenge, fails to report the fact
promptly to the proper authority, shall, if an officer, be dismissed from the service
or suffer such other punishment as a court martial may direct.

Article 93 - Murder and rape. Any person subject to military law who commits
murder or rape in time of war shall suffer death or imprisonment for life, as a court
martial may direct.

Article 94 - Various crimes. Any person subject to military law who commits
any felony, crime, breach of law or violation of municipal ordinance which is
recognized as an offense of a penal nature, shall be punishable under the penal
laws of the Philippines or under municipal ordinances.

Article 95 - Frauds against the government. Any person subject to military law
who makes or causes to be made any claim against the government of any officer
thereof, knowing such claim to be false or fraudulent; or

a. Who, for the purpose of obtaining or aiding others to obtain the approval,
allowance or payment of any claim against the government knowing the same to
contain any false or fraudulent statements; or
b. Who, having charge, possession, custody of control of any money or other
property of the government intended for the military service thereof, knowingly
delivers, to any person having authority to receive the same, any amount thereof
less than that for he receives a certificate or receipt; or
c. Who steals, embezzles, knowingly and willfully misappropriates, applies to
his own use or benefits, or wrongfully or knowingly sells, arms, equipment,
ammunition, clothing, money or other property of the government.
d. Who knowingly purchases or receives in pledge for any obligation or
indebtedness from any soldier, officer, not having lawful right to sell or pledge the
same; or
e. Who enters into any agreement or conspires to commit frauds against the
government.

Shall, on conviction thereof be punished by fine or imprisonment, or by such

other punishment as a court martial may adjudge.

Article 96 - Conduct unbecoming an officer and gentleman. Any officer, cadet,

flying cadet, or probationary second lieutenant, who is convicted of conduct
unbecoming an officer and a gentleman shall be dismissed from the service.

Article 97 - General Article. Though not mentioned in these articles, all disorders
and neglects to the prejudice of good order and military discipline and all conduct of
a nature to bring discredit upon the military shall be dealt with accordingly to the
nature and degree of the offense and punished at the discretion of such court.

DISCIPLINARY POWERS OF COMMANDING OFFICER

1. Disciplinary powers. The commanding officer of any detachment,

company, battalion, or higher command, or such other officers as may be authorized
by the president, may for minor, offenses, impose disciplinary, punishments to
personnel in his command even without conduct of court-martial.

2. Disciplinary punishments. In addition to admonition and reprimand, a

commanding officer may impose one or more of the following punishments:

a. Upon officers.

1) Withholding of privileges for not more than 30

consecutive days.
2) Restriction to specified limits with or without suspension
from duty, for not more than 30 days.
3) Arrest in quarters for not more than 15 days.
4) Forfeiture of not more than one half of one month's base
pay.
5) Detention or withholding of not more than one-half of one
month's base pay per month for three months.
6) Deprivation of liberty on shore not exceeding 30
consecutive days, for those assigned aboard on navy vessels.
7) If the commanding officer exercises general court-martial
jurisdiction, or when he is a general or flag rank officer, he may impose the following
punishments:
 a) Withholding of privileges for not more than 60
consecutive days.
b) Restriction to specified limits, with or without
suspension from duty, for not more than 60 consecutive days.
c) Arrest in quarters for not more than 30 consecutive
days.
d) Forfeiture of not more than one half of one month's
base pay per month for three months.
e) Detention or withholding of not more than one-half
of one month's base pay for six months.
f) Deprivation of liberty on shore not exceeding 60
consecutive days for those assigned aboard on navy vessels.

b. Upon Enlisted Personnel

1) Withholding of privileges for not more than 30

consecutive days.
2) Restriction to specified limits with or without suspension
from duty for not more than 30 consecutive days.
3) Arrest in quarters for not more than 15 consecutive days.
4) Forfeiture of not more than one-half of one month's base
pay.
5) Detention or withholding of not more than one-half of one
month's base pay per month for three months.
6) For those assigned aboard navy vessels:
a) Deprivation of liberty on shore not exceeding 30
consecutive days.
b) Confinement on bread and water or diminished
rations for not more than five consecutive days.
7) Confinement not under guard for not more than 15
consecutive days.
8) Hard labor without confinement for not more than 15
consecutive days.
9) Extra duties, including fatigue or other duties for not more
than 15 consecutive days.
10) Correctional custody for not more than 15 consecutive
days.
11) Reduction to one or two inferior pay grades, if the grade
from which demoted is within the promotion authority of the officer imposing the
reduction or any officer subordinate to the one who imposes the reduction.
12) If the commanding officer is a lieutenant colonel or
commander, he may impose the following punishments:

a) Withholding of privileges for not more than 60

consecutive days.
 b) Restriction to specified limits, with or without
suspension from duty, for not more than 60 consecutive days.
c) Arrest in quarters for not more than 30 consecutive
days.
d) Forfeiture of not more than one-half of one month's
base pay for two months.
e) Detention or withholding of not more than one-half
of one month's base pay for six months.
f) With respect to those assigned aboard navy
vessels, deprivation of liberty on shore not exceeding 60 consecutive days, or
confinement on bread and water or diminished rations for not more than five
consecutive days.
g) Confinement not under guard for not more than 30
consecutive days.

4. Suspension and mitigation of punishment. A commanding officer

may, at any time, suspend probationary reduction in grade or 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 and restore all rights, privileges and property affected.

5. Right to appeal. Any personnel punished under AW 105 who consider his
punishment unjust or disproportionate to the offense may, through the proper
channel, appeal to the next superior authority, but may in the meantime be required
to serve the punishment meted to him.

6. Not a bar to court martial. The imposition of disciplinary punishment

under AW 105 for any act or omission shall not be a bar to trial by court martial for
serious crimes or offenses growing out of the same act or omission, and not properly
punishable under AW 105.

7. Deferment from promotion. Any officer meted punishment under AW

105 by a commanding officer exercising general court martial jurisdiction or with
general or flag rank, shall automatically be consider on non-promotable status for a
period of one year from the date he was imposed the punishment. The imposition of
three (3) or more disciplinary punishment to an officer exercising general or flag rank
shall be ground for deferment from promotion of the officer. In the case of enlisted
personnel 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 (1) year from the date of the imposition of punishment.

8. Failure on the part of commanding officer. Any 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 when warranted by the evidence, or otherwise aids or abets the
wrong doing of a subordinate, shall be subject to action under AW 105 by his
immediate superior or shall be punished as a court martial may direct.

9. Other offenses (Art 105). Minor offenses. Acts or omissions

punishable by authorized punishment as prescribed by AW 105 ranging from
admonition to demotion. Whether or not an offense maybe considered as "minor"
depends upon its nature, the time and place of its commission, the person
committing it, and other circumstances surrounding its commission. An offense for
which the articles of war prescribed a mandatory punishment of the authorized
punishment of dishonorable discharge or discharge without honor or penitentiary
confinement is not a minor offense, it includes but not limited to the following:

a. Advising, persuading or assisting AWOL

b. AWOL for less than thirty (30) days provided that the same is
the first offense.
c. Failure to perform a specific duty or task.
d. Using threatening or insulting language or behaving in an
insubordinate or disrespectful manner towards a non commissioned officer.
e. Drunk or taking intoxicating liquor while on duty.
f. Being found sleeping on post while performing duty.
g. Willfully destroying government property costing less than one
thousand pesos (P 1,000.00).
h. Non-support to legitimate defendants.
i. Non-payment of just debt.
j. Willful failure to salute a commissioned officer.
k. Indiscriminate firing under the influence of liquor and does not
cause alarm and scandal.
l. Bringing and carrying out of firearms without proper authority.
m. All other acts constituting breach of discipline not falling under
the categories of less grave and grave offenses.

Less grave offenses - Acts punishable by penalties ranging from

demotion to discharge under honorable condition. It includes but not limited to the
following:

a. AWOL for than thirty (30) days but less than ninety (90) days.
b. Committing any of the offenses falling under the category of
"minor offense" twice or more.
c. Indiscriminate firing under the influence of liquor but not causing
alarm and scandal.
d. Willfully destroying government property costing more than
One Thousand Pesos (P1,000.00) but less than Five Thousand Pesos
(P5,000.00).
e. Using threatening or insulting language or behaving
insubordinate or disrespectful manner toward officer.
f. Chronic alcoholism or addiction to alcohol without overt acts or
misconduct or disorder.
g. Abandonment and non-support of legitimate family not coupled
with immorality.
h. Homosexual tendencies, desires or interest unaccompanied by
overt homosexual acts.
i. Sleeping on post while on field duty.
j. All other acts involving disorders and neglects prejudicial to
good order and discipline.
k. Conduct which bring discredit to military service.

10. Grave Offenses - Acts punishable by dishonorable discharge from

the service. It includes but not limited to the following.

a. AWOL for more than ninety (90) days and trial by court martial is
deemed advisable.
b. Assaulting a commissioned or non commissioned officer.
c. Indiscriminate firing committed under the influence of liquor and
causing alarm and scandal.
 d. Pregnancy out of wedlock for female enlisted personnel.
e. Commission of overt homosexual act and other acts of sexual
perversion.
f. Maintaining sexual relation with a woman/man other than
his/her legitimate spouse / husband.
g. Commission of any crime punishable under the revised penal
code, special penal laws and municipal and city ordinances.
h. Any specific act of misconduct, disorder or neglect which brings
discredit to the Philippine Army in particular and the AFP; in general.

RIGHTS OF THE RESPONDENTS

1. To be notified of the fact that you are considered for separation

pursuant to Executive Order nr 475;
2. You are permitted counsel of your own choice.
3. You have the right to appear before this board personally or through
counsel;
4. To present any fact, argument, or witness in your behalf or any other
matter pertaining to your case;
5. To be informed of all evidences, charges and reports against you and
be given full opportunity to refute the same. Board extends privileges to respondents:

a. The privilege of submitting a written brief or memorandum

concerning either the law, regulations or facts involved in this case;
b. The privilege of submitting a written brief or memorandum
concerning either the law, regulations or facts involved in this case;
c. The privilege of challenging for cause any member of this board.