Professional Documents
Culture Documents
INSTRUCTOR’S PROFILE
PROFILE
ASSIGNMENTS
BCOy, 2IB, 2ID, PA -1991-2000
5RCDG, ARESCOM-2001-2007
506TH MASBATE CDC, 5RCDG, ARESCOM
6RCDG, ARESCOM-2007-2009
2RCDG, ARESCOM-2009-2010
INSTRUCTOR’S
INSTRUCTOR’S PROFILE
PROFILE
Definition of Terms
Concept of Mil Justice System
Person Subject to Military Law
Role of the Military
Military Jurisdiction
Punitive Articles of War
Preparation of Investigation Report (IR)
Definition
Definition of
of Terms
Terms
Military Justice – is a system enforcing discipline
administering the criminal law of the Armed Forces of the
Philippines
Administrative Cases- are those that result in the decision
not involving penal sanction and may me take such mild
discipline or instructive forms as admonition, reprimand and
the like.
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.
Concept
Concept
Sources:
y Constitution of the
Philippines
y International Law
Court-Martial
Court-Martial
Classification:
General
Special
Summary
Court-Martial
Court-Martial
Composition:
yy All commissioned Officer in the Active Duty
Number:
yy General CM - any member of officer not less than
five (5).
y Summary Court-Martial
Dishonorable Discharge
Punishment:
As Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
Article 64 - Disrespect toward Superior Officer
Offenses
Words like open declaration of intention to disobey
orders
Disrespect word uttered against an officer in the
presence of other officer
Acts neglecting the customary salute
By indifference, insolence or rudeness in his
presence
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
Article 65 - Assaulting or Willfully Disobeying
Superior Officer
Any person subject to military who:
Strikes his superior officer
Draw or lift any weapon
Officer violated against him being in the execution of his
office
Willfully disobey any lawful command of his superior
Punishment: DEATH or as Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
Article 66 - Insubordinate Conduct toward Non-
Commissioned Officer
Any soldier who:
Strikes or assaults, or who attempts of threatens to strike or
assault, or willfully disobeys order of a NCO or uses
threatening or insulting language, or behaves in an
insubordination or respectful manner toward a NCO while in
an execution of his office
Punishment: As Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
Article 67 - Mutiny or Sedition
Any person subject to military law who:
Attempt to create or who begins, excite, causes or
joins any mutiny or sedition in company, party, post,
camp, detachment guard or command.
Punishment:
DEATH
As Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
Mutiny - concerted insubordination on opposition,
defiance of, or resistance to lawful mil authority by
two or more persons subject to such authority or
neutralize it for the time being.
Sedition - form of resistance to civil power
demonstrated by riot, disorder. Intent alone is not
sufficient no matter how deliberate and fixed or even
if there is unanimous conspiracy, the offense of
mutiny will fail. In other words, words alone,
unaccompanied by acts will not suffice to constitute
mutiny.
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
Article 68 - Failure to suppress Mutiny or
Sedition
Any officer or soldier present at any mutiny or sedition
does not use his utmost endeavor to suppress the same
of having reason
It is crime to believe
simply to “standthat
by” mutiny or sedition
while mutiny is is
to take place does not being committed
without delay, give info to his
CO.
Punishment:
DEATH
As Court-Martial may direct
Disrespect,
Disrespect, Insubordination,
Insubordination, Mutiny
Mutiny
Article 69 - Quarrels, Frays, Disorders
Any officer, NCO have power to part and quell all
quarrels, frays, and disorders among person subject to
Punishment:
mil law and to order officers who take part in the same
DEATH
into arrest, and other persons subject to mil law who
As
in Court-Martial mayordirect
the same arrest, confinement as circumstances
may require until their proper superior officer is
acquitted there with. And whoever, being dared to
refuse to obey such officer, or draws a weapon upon
otherwise threatens or does by
As amended violence
RA 516to him.
Arrest
Arrest and
and Confinement
Confinement
Article 70 - Arrest or Confinement
Any person subject to mil law charged with crime or with an
offense under these articles shall be placed in confinement or
arrest as circumstances may require; but when charge with a
minor offense only, such person shall not ordinarily be placed
in confinement. Or who break his arrest, whether before or
after trial or sentence and before he set at liberty by proper
authority.
Punishment: As Court-Martial may direct
Arrest
Arrest and
and Confinement
Confinement
Article 71 - Charges; Action Upon
Punishment:
Officer - Dismissed from the Svc/As CM may direct
Any Person - As CM may direct
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
Article 92 - Dueling
Elements of Duel:
It must Challenge
be permitted - is and
a written or verbalasdemand
deliberate, or
distinguished from
sudden encounter
invitationintowarm blood
another units in such a combat.
It must beThe
complete
giving theof aemployment of weapons
challenge, directly and infrom the use
of which homicide
person may be expected
by challenger himself to be natural
is not and probable
considered
sequence
and offense under this Article but one which
It must be resorted to, ostensibly at least, with a view to
would
obtaining properly
amends for besome
charged under
direct the General
which has injuriously
affected the character of theArticle
person concerned
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
Article 93 - Murder, Rape
Punishment: (In time of War)
DEATH or Imprisonment for Life
As CM law may direct
Definition of murder under this Article of War is the
same in the Revised Penal Code. In time of war
contemplate a state of war including civil war. If a
murder or rape is committed in time of peace, the
offense fall under AW 94 to various crime and in
imposing the penalty for such offense, penalties
provided by the RPC shall be taken into consideration.
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
Article 94 - Various Crime
Officer
Cadet
Flying/P2LT
Purpose:
To provide for the trial and punishment of any and all
military offenses not expressly made cognizance by
Court-Martial in other and more specific Articles and
thus to prevent the possibility of a failure of justice
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
Article 97 - General Article
Scope:
All such sins of commission or omission on the part of officers
and soldiers as, on the hand, do not fall on the category of
crimes, and on the other hand, are not expressly made
punishable in any other specific Articles of the Code; While
yet being clearly prejudicial to good and military
discipline. The “PREJUDICE” should be reasonably and
capable.
Miscellaneous
Miscellaneous Crimes
Crimes &
& Offenses
Offenses
Article 97 - General Article
AUTHORITY:
1.
MATTERS INVESTIGATED:
2.
FACTS OF THE CASE:
3.
DISCUSSION:
4.
CONCLUSIONS:
5.
RECOMMENDATIONS:
6.
(Investigating Officer)
Summary
Summary
Question?
Summary
Summary
Definition of Terms
Concept of Mil Justice System
Person Subject to Military Law
Role of the Military
Military Jurisdiction
Punitive Articles of War
Preparation of Investigation Report (IR)