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REBUBLIC OF THE PHILIPPINES

DEPARTMENT OF NATIONAL DEFENSE
GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES
OFFICE OF THE CHIEF OF STAFF
Camp General Emilio Aguinaldo, Quezon City

13 October 1994

SUBJECT: Disposition of Military Personnel Involved in Gunrunning/

Firearms/Ammo Pilferages

TO: Major Service Commanders

Commanders, Area Commands
CGs/COs, AFPWSSUs

1. The pilferage of firearms, ammunitions and explosives allegedly

involving military personnel has reached serious proportions which this
Headquarters cannot condone. Despite efforts by this Headquarters, there are still
military personnel who are engaged in these criminal activities or allow themselves
to be used by some criminal syndicates and/or some unscrupulous civilians.

2. The alleged involvement of AFP personnel in providing ammunitions

and services inimical to the organization to unauthorized persons or criminal
syndicates who engaged in carnapping, robbery/hold-up, kidnap for ransom and
various other illegal and/or notorious activities has seriously undermined the AFP’s
efforts to gain the respect of the civilian populace and likewise damaged the
confidence-building measures currently undertaken by the AFP.

3. The involvement of AFP personnel in these criminal/illegal activities

are violations of different provisions of the Articles of War and other related
provisions of law, which must be immediately stopped. It is however observed that
swift justice is brought upon the erring military personnel by promptly
discharging/separating them from the military service through administrative
proceedings thus, barring their criminal prosecution and worst some even
successfully worked out their reinstatement into the service.

4. To fully make these military offenders pay the crimes they

committed, it is hereby made a policy that military personnel involved in
gunrunning/pilferage and/or other related offenses shall be immediately placed in
confinement in accordance with Article of War 70 and their administrative

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discharge/separation shall be withheld notwithstanding a finding of substantial

evidence against them. Thereafter, they shall be referred to the nearest Judge
Advocate General’s Office for pre-trial investigation with the end in view of
referring their case/s to a General Court-Martial created solely to try such cases. It is
only after the conclusion of their general Court-Martial case/s that their
administrative discharge be implemented which is separate and distinct from the
penalty which the court-martial may impose. In instances where the case falls under
the jurisdiction of civilian court, the case shall be relentlessly pursued in
coordination with the prosecutor’s office or Ombudsman as the case maybe. In such
cases, the administrative discharge/separation of the erring military personnel after a
finding of substantial evidence against him/them, shall be immediately implemented
contemporaneous with the turn-over of his/their person/s to the appropriate civilian
court as provided for in Administrative Order Nr 40 dated February 24, 1993.

5. Unit Commanders are hereby held responsible for the strict

implementation of this policy.

(Sgd) ARTURO T ENRILE

General, AFP
Chief of Staff

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