MILITARY SCIENCE (MS-1)

 Introduction
 Sources of military law
 Military jurisdiction
 Selective punitive articles
 Court martial
 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.
 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.
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.
  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.
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.
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.
 Court-Martial - General, Special and
Summary
 Commanding Officers in exercising their
disciplinary powers under AW 105.
 Court of Inquiry
 Military Tribunals or Commission
 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:
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.
3. All cadets of the PMA and PAF Flying
School, and Probationary Lieutenants
on actual training.

4. All trainees undergoing military

instructions.
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.
 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.
 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.
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
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
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
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
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
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
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
 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.
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.
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.
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.
 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.
 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.
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