FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
)' 
First Regular Session 
7 
38 fi-j P:; 
First Regular Session 
) 
7 
*I,"_ 
, . 
S E N A T E  
. s. No. 
Explanatory Note 
Commonwealth Act No. 408, as amended, was the first military law enacted by 
the National Assembly of the Philippines approved on September 14, 1938, as 
implemented by Executive Order No. 178, promulgated December 17, 1938, prescribing 
the rules of procedure, including modes of proof in cases before court-martials, courts of 
inquiry, military commissions and other military tribunals in the Armed Forces of the 
Philippines. 
Republic Act No. 6975, otherwise known as the Department of Interior and Local 
Government Act of 1990, removed from the courts-martial the exclusive jurisdiction over 
cases involving the Philippine National Police. 
Similarly, Republic Act No. 7055, 
approved on June 20, 1991, commonly known as the Civilian Supremacy Law, removed 
from the courts martial and transferred to the civil courts the jurisdiction of case 
involving members of the Citizens Armed Forces Geographical Units, except when said 
crime or offense, as determined before arraignment by the civil court, is service- 
connected, in which case the offense shall be tried by a court-martial. 
Since time immemorial, all armies of the world look upon the potent power of 
military law and its effective administration as the most appropriate means of enforcing 
the highest form of discipline to ensure the highest degree of military efficiency. For this 
reason, the court-martial has become invariably an indispensable part of any organized 
armed forces, it being the most potent agency or instrumentality in enforcing discipline 
both in times of war and in peace. 
The Constitution, specifically Article 111, Section 19, paragraph (1) thereof 
"Excessive fines shall not be imposed nor cruel, degrading or 
inhuman punishment inflicted. Neither shall death penalty be imposed, 
unless, for compelling reasons involving heinous crimes, the Congress 
hereafter provides for it. Any death already imposed shall be reduced to 
reclusion perpetua." 
A military justice system administered, applied and interpreted by a Civilian 
Appellate Collegiate Court will enhance and strengthen stability in the administration of 
military justice and promote faith, trust and confidence of military personnel and the 
civilian populace in the overall fairness of the military justice system. 
Furthermore, Congress, cognizant of its grave and growing concern of duty to 
legislate on matters of military justice and discipline of the armed forces, and in order to 
set an effective means of enforcing the highest form of discipline to ensure the highest 
provides: 
Code of Militarv Justice 
I 


degree of military efficiency in the Armed Forces of the Philippines, finds cogent 
reasons to enact these Articles of Military Justice. 
In view of the foregoing, passage of this bill is urgently requested. 
RODOLFO XSIAZON 
Senator 
Code of Militaw Justice 
2 


TABLE OF CONTENTS 
TITLE I. GENERAL PROVISIONS 
ARTICLE 1. Applicability 
ARTICLE 2. Definition of Terms 
ARTICLE 3. Persons Subiect to Military Law 
ARTICLE 4. Jurisdiction to Try Certain Personnel 
ARTICLE 5. Judqe Advocates and Leqal Officers 
TITLE II. APPREHENSION, ARREST AND CONFINEMENT 
ARTICLE 6. Apprehension 
ARTICLE 7. Apprehension of Deserters bv Civil Authorities 
ARTICLE 8. Arrest and Confinement 
ARTICLE 9. Arrest or Confinement of Persons Charqed with Offenses 
ARTICLE IO. Confinement with Enemv Prisoner Prohibited 
TITLE 111. NON-JUDICIAL PUNISHMENT 
ARTICLE 11. Disciplinaw Powers of Commandinq Officers 
TITLE IV. COURTS-MARTIAL 
ARTICLE 12. Court-Martial 
ARTICLE 13. Jurisdiction of Court-Martial 
ARTICLE 14. Who may Convene Court-Martial 
ARTICLE 15.Who may Serve in Court-Martial 
ARTICLE 16. Military Judqe of Court-Martial 
ARTICLE 17. Detail of Trial Judae Advocate and Defense Counsel 
ARTICLE 18. Detail or Emplovment of Reporters. Interpreters and Bailiffs 
ARTICLE 19. Absent and Additional Member 
TITLE V. PRE-TRIAL PROCEDURE 
ARTICLE 20. Challenaes 
ARTICLE 21. Compulsorv Self-Incrimination Prohibited 
ARTICLE 22. Forwardinq of Charqes 
ARTICLE 23. Pre-Trial Investigation 
ARTICLE 24. Advice of Staff. Judqe Advocate and Reference for Trial 
ARTICLE 25. Service of Charges 
TITLE VI. TRIAL PROCEDURE 
ARTICLE 26. President Mav Prescribe Rules 
ARTICLE 27. Duties of Trial Judge Advocate and Defense Counsel 
ARTICLE 28. Closed Sessions 
ARTICLE 29. Continuances 
ARTICLE 30. Challenaes 
ARTICLE 31. Oaths 
ARTICLE 32. Z t o T i m e  
ARTICLE 33. Former Jeopardy 
ARTICLE 34. Pleas of the Accused 
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ARTICLE 35. Process to Obtain Witnesses and Other Evidence 
ARTICLE 36. Refusal to Appear or Testify 
ARTICLE 37. Indirect Contempt 
ARTICLE 38. Depositions 
ARTICLE 39. Votinq and Rulinqs 
ARTICLE 40. Number of Votes Required 
ARTICLE 41, Court to Announce Action 
ARTICLE 42. Records of Trial 
TITLE VII. SENTENCE 
ARTICLE 43. Excessive Fines. Cruel and Unusual Punishment Prohibited 
ARTICLE 44. Maximum Limits 
ARTICLE 45. Effective Dates of Sentence 
ARTICLE 46. Execution of Confinement 
TITLE VIII. REVIEW OF COURT-MARTIAL PROCEEDING 
ARTICLE 47. Effect of Irregularities 
ARTICLE 48. Disposition of Records 
ARTICLE 49. Action by the Convening Authoriiy 
ARTICLE 50. Powers Incident to Power to Approve 
ARTICLE 51, Reconsideration and Revision 
ARTICLE 52. Rehearing 
ARTICLE 53. Review By the Judge Advocate or Leqal Officer 
ARTICLE 54. Suspension of Sentence 
ARTICLE 55. Liftinq of Suspension 
ARTICLE 56. Petition for a New Trial 
ARTICLE 57. Mitiqation or Remission of Sentence 
ARTICLE 58. Restoration 
ARTICLE 59. Finality of ProceedinQs. Findings and Sentence 
ARTICLE 60. Execution of Sentence 
ARTICLE 61. Review bv the Judge Advocate General 
TITLE IX. COURT OF MILITARY APPEALS 
ARTICLE 62. Creation. Appointment and Qualifications of Justices 
ARTICLE 63. 
Precedence in Appointments of Justices 
ARTICLE 64. Tenure of Office and Removal 
ARTICLE 65. Sittinq of Court 
ARTICLE 66. Fillinq of Vacancy in Office of Presidinq Justice 
ARTICLE 67. Fillinn of Vacancv in Office of Associate Justices 
ARTICLE 68. Rank. Salarv and Benefits of Justices 
ARTICLE 69. Jurisdiction 
ARTICLE 70. Review of Decision of Judqe Advocate General 
ARTICLE 71, Findings and Sentence or Issues to be Reviewed 
ARTICLE 72. Setting Aside of Findinqs and Sentence and Ruling 
ARTICLE 73. Return of Record 
ARTICLE 74. Petition for Review on Certiorari 
ARTICLE 75. Place of Session 
ARTICLE 76. Quorum and Vote for Pronouncement of Judgement. 
ARTICLE 77. Power to Promulqate Rules 
ARTICLE 78,Apl~ointment, Qualifications and Compensation of Clerks of Court, 
and compensation of other Officers and Emplovees 
ARTICLE 79. Department Head Functions of Presidinq Justice 
ARTICLE 80. Administrative Control and Removal of Emplovees 
ARTICLE 81. Attendance of Sheriff in Session and Authority 
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ARTICLE 82. Service of Processes bv Sheriff 
ARTICLE 83. Opinion Book 
ARTICLE 84. Appellate Counsel 
TITLE X. PUNITIVE ARTICLES 
ARTICLE 85. Principal 
ARTICLE 86. Accomplice 
ARTICLE 87.Accessory After the Fact 
ARTICLE 88. Conviction of a Lesser Included Offense 
ARTICLE 89.Attempts 
ARTICLE 90. Conspiracy 
ARTICLE 91 .Solicitation 
ARTICLE 92. Fraudulent Enlistment, Appointment. Separation or Retirement 
ARTICLE 93. Unlawful Enlistment, Appointment, Separation or Retirement. 
ARTICLE 94. Making False Returns or Omitting to Render Returns 
ARTICLE 95. Desertion 
ARTICLE 96.Advising, Persuading or Assistinq Another to Desert 
ARTICLE 97. Entertaininq a Deserter 
ARTICLE 98. Absence Without Leave 
ARTICLE 99. Contempt Towards Superior Officer 
ARTICLE 100. Disrespect Towards Superior Officer 
ARTICLE 101. Assaultina or Willfullv Disobevinq a Superior Officer 
ARTICLE 102. Insubordinate Conduct Toward Non-Commissioned Officer 
ARTICLE 103. Failure to Obev Order or Reaulation 
ARTICLE 104. Givinq llleqal Order 
ARTICLE 105. Mutinv or Sedition 
ARTICLE 106. Resistance, Breach of Arrest and Escaee 
ARTICLE 107. Releasinq Prisoner Without Proper Authority 
ARTICLE 108. Unlawful Detention 
ARTICLE 109. Dereliction of Duty in the Apprehension, Deliverv or Custodv of 
ARTICLE 110. Misbehavior Before the Enemy 
ARTICLE 11 1. Subordinate Compelling Commander to Surrender 
ARTICLE 112. Improper Use of Countersiqn 
ARTICLE 113. Violatina a Safeauard 
ARTICLE 114. Captured or Abandoned Propertv 
ARTICLE 115. Aiding the Enemy 
ARTICLE 116. Misconduct as Prisoner 
ARTICLE 11 7. Spy 
ARTICLE 118. False Official Statement 
ARTICLE 11 9. Military Property - Loss, Damacle, Destruction. or Wronqful 
Military Offenders, Answerable to the Civil Authorities 
Disposition or Sale to the Enemy 
ARTICLE 120. Property other than Military Property of the Philippines: Waste, or 
Destruction 
ARTICLE 121. Improper Hazardina of Military Vehicle, Aircraft or Vessel 
ARTICLE 122. Drunken or Reckless Driving 
ARTICLE 123. Drunk on Dutv 
ARTICLE 124. Misbehavior of Sentinel 
ARTICLE 125. Personal Interest in Sale of Provision 
ARTICLE 126. Intimidation of Person Brinainq Provisions 
ARTICLE 127. Dueling 
ARTICLE 128. Malinqering 
ARTICLE 129. Good Order to be Maintained and Wronqs Redressed 
ARTICLE 130. Provokinq Speeches or Gestures 
ARTICLE 131. Command Responsibility 
ARTICLE 132. Unlawfullv Influencing Action of Court 
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ARTICLE 133. Murder or Rape in Time of War 
ARTICLE 134. Various Crimes 
ARTICLE 135. Frauds Aaainst the Government 
ARTICLE 136. Conduct Unbecominq of an Officer and a Gentleman 
ARTICLE 137. General Article 
TITLE XI. MISCELLANEOUS PROVISIONS 
ARTICLE 138. Article to Administer Oaths 
ARTICLE 139. Articles to be Explained 
ARTICLE 140. Complaints of Wronns 
ARTICLE 141. Redress of Damaae to Property 
ARTICLE 142. Officers, Separation from the Service 
ARTICLE 143. Soldiers, Separation from the Service 
ARTICLE 144. Constitutionality 
ARTICLE 145. Transitorv Provisions 
ARTICLE 146. Applicability 
ARTICLE 147. Repealinq Clause 
ARTICLE 148. Appropriating of Funds 
ARTICLE 149. Effectivity 
Code of Militaw Jusfice 
6 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
SliNo. 
.................................................................................................................. 
Introduced by Senator Biazon 
.................................................................................................................. 
AN ACT 
PROVIDING FOR THE ARTICLES OF MILITARY JUSTICE IN THE ARMED FORCES 
OF THE PHILIPPINES REPEALING FOR THAT PURPOSE COMMONWEALTH ACT 
NUMBERED FOUR HUNDRED EIGHT, OTHERWISE KNOWN AS THE ARTICLES OF 
WAR, AS AMENDED, OTHER SPECIAL LAWS, AND APPROPRIATING FUNDS 
THEREFOR. 
Be it enacted upon by the Senate and the House of Representatives in Congress 
assembled: 
TITLE I .  GENERAL PROVISIONS 
ARTICLE 
1. 
Applicability. These articles shall at ail times and in all 
places govern the administration of military justice in the Armed Forces of the 
Philippines and shall apply to all persons subject to military law, 
ARTICLE 
2. 
Definition of Terms.The following words when used in these 
articles shall be construed in the sense indicated in this article, unless the context 
shows that a different meaning is intended: 
a. 
“Active service” means active service rendered by a military person as a 
commissioned officer, enlisted man, cadet, probationary officer, trainee or draftee in the 
Armed Forces of the Philippines and service rendered by him as a civilian official or 
employee in the Philippine Government prior to the date of his separation or retirement 
from the Armed Forces of the Philippines, for which military and/or civilian service he 
shall have received pay from the Philippine Government and/or such others as may 
hereafter be prescribed by law as active service. 
b. 
“Accuser” means an officer who signs and swears to the charges, or 
directs that charges nominally be signed and sworn to by another, or has an interest 
other than an official interest in the prosecution of the accused 
Code of Militam Justice 
7 


C. 
“Battalion” includes a squadron or equivalent unit of the ground, air or 
naval forces. 
d. 
“Cadet” includes cadets of the Philippine Military Academy, aviation 
cadets of the Philippine Air Force Flying School, and students of an Officer’s Candidate 
Training School of the Armed Forces of the Philippines who are not commissioned 
officers or soldiers on active duty, or sent by Philippine Government to foreign service 
academics. 
e. 
f. 
“Commanding Officer” refers to commissioned officers only. 
“Company” includes a troop, battery, commissioned vessel, or equivalent 
unit of the ground, air or naval forces. 
g. 
“Judge Advocate” means any officer commissioned in and of the Judge 
Advocate General’s Service. 
h. 
“Legal Officer” means any lawyer-officer designated to perform legal 
duties in a command relating to the administration of military justice. 
I .  
“Member of the Armed Forces of the Philippines” includes an officer, 
cadet, soldier, trainee, draftee or candidate soldier and all persons who retired from and 
in the inactive service of the Armed Forces of the Philippines 
j. 
“Officer” means a commissioned officer in the Armed Forces of the 
Philippines. 
k. 
soldiers. 
I. 
“Soldier” means a person in enlisted grade, trainees, draftees or candidate 
“Superior Officer” means a commissioned officer superior in rank or 
command. 
m. 
“Suspendee” is convicted military personnel whose execution of sentence 
is suspended or held in abeyance. 
n. 
“Enemy” shall be construed to include also lawless elements or any 
person or group of persons against whom any pacification campaign is directed by the 
government. 
Code of Military Justice 
8 


0. 
A “safeguard” signifies a special privilege of protection for persons, 
household, or property - all or either --- against military marauders or other disorderly 
parties, granted by a military commander to certain private individuals, to corporations, 
or to hospitals or other public institutions, or places. 
P. 
“Manifest Impediment“ refers to such conditions as being held a prisoner 
of war in the hands of the enemy, or being imprisoned under the sentence of a civil 
court upon conviction of crime --- during the whole or a portion of the period of limitation. 
Persons Subject to Militaw Law. The following persons shall 
be understood as included in the term “any person subject to military law”, whenever 
used in these articles: 
ARTICLE 
3. 
a. 
All officers and soldiers in the active service of the Armed Forces of the 
Philippines, and soldiers awaiting issuance of reenlistment orders after expiration of 
their terms of enlistment; all members of the reserve force from the dates of their call to 
active duty or mobilization training and while on such active duty or training; all trainees, 
draftees or candidate soldiers undergoing military training or service; all volunteers from 
the time of their muster or acceptance into the Armed Forces of the Philippines: and all 
other persons lawfully called, drafted or ordered into or for training in, in the Armed 
Forces of the Philippines, from the dates they are required by the terms of the call, draft, 
or order to obey the same. 
b. 
c. 
d. 
Cadets and probationary second lieutenants or its equivalent in the navy. 
Prisoners of war in the custody of the Armed Forces of the Philippines. 
All retainers to the camp and all persons accompanying or serving the 
Armed Forces of the Philippines in the field in time of war or when martial law is 
declared though not otherwise subject to these articles. 
e. 
Persons serving sentences imposed by courts-martial, except those 
transferred to a penitentiary to serve their sentences thereat, unless said persons had 
already been arraigned before a court-martial for offenses other than those for which 
they are serving sentences. 
ARTICLE 
4. 
Jurisdiction to Trv Certain Personnel. - 
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9 


a. 
Subject to the provisions of Article 32, a person discharged from the 
service who is later charged with having fraudulently obtained his discharge is may be 
tried by court-martial on that charge. Upon conviction of that charge, he is subject to 
trial by court-martial for all offenses under these articles committed before the fraudulent 
discharge. 
b. 
No person who has deserted from the Armed Forces of the Philippines 
shall be relieved from amenability to the jurisdiction of these articles by virtue of 
separation from any later period of service. 
c. 
Any person who committed any offense punishable under Article 136 
while in the service of the Armed Forces of the Philippines and who is released from 
active duty, discharged, separated, dismissed from the service, or dropped from the 
rolls pursuant to Article 143, shall continue to be liable to be apprehended and held for 
trial and sentence by a court-martial for said offense in the same manner and to the 
same extent as if he had not been released from active duty, discharged, separated, or 
dismissed from the service, or dropped from the rolls. 
d. 
Any person who, while in the service of the Armed Forces of the 
Philippines, commits embezzlement of ration savings, post exchange, company, trust, 
or other like funds, or of embezzlement of money or other property entrusted to his 
charge by any military person or persons and who is released from active duty, or 
discharged, or dismissed from the service, or dropped from the rolls pursuant to Article 
143, shall continue to be liable to be apprehended and held for trial and sentence by a 
court-martial for said offense in the manner and to the same extent as if he had not 
been released from active duty, discharged, separated, or dismissed from the service or 
dropped from the rolls. 
ARTICLE 
5. 
Judqe Advocates and Leqal Officers. 
a. 
Convening authorities shall at all times communicate directly with their 
Staff Judge Advocates or Legal Officers in all matters relating to the administration of 
military justice, or vice versa. Intermediate or coordinating staffs concerned shall be 
informed accordingly for monitoring purposes. 
Code of Militaw Justice 
I O  


b. 
No person who has acted as a member, military judge, trial judge 
advocate, assistant trial judge advocate, defense counsel, assistant defense counsel of 
a court martial, investigating officer or witness in any case, may later act as a staff judge 
advocate or legal officer to any reviewing authority upon the same case. 
TITLE I I  - APPREHENSION, ARREST AND CONFINEMENT 
ARTICLE 
6. 
Apprehension. 
a. 
b. 
Apprehension is the taking of a person into custody. 
Any person authorized under regulations governing the Armed Forces of 
the Philippines may apprehend persons subject to these articles or to trial thereunder 
upon personal knowledge that an offense has been committed and that the person 
apprehended committed it. 
C. 
Any person making an apprehension shall make an immediate report to 
the Commanding Officer to whom the apprehending person is responsible. He shall 
also, within six (6) hours from the time of the apprehension, make a report to the 
immediate commander of the person apprehended, or superior commissioned officer if 
it is impractical to inform the immediate commander, without prejudice to the completion 
of the investigation if the same has not been completed. Within twelve (12) hours from 
the time of apprehension, the Commanding Officer of the apprehending unit shall 
turnover the apprehended person together with the record of the investigation to the 
immediate commander of the person apprehended or superior commissioned officer. 
d. 
Nothing in this article shall limit the authority of persons authorized to 
apprehend offenders to secure the custody of an alleged offender until proper authority 
is notified. 
ARTICLE 
7. 
Apprehension of Deserters by Civil Authorities. - Any 
civil 
officer having authority under the laws of the Philippines to arrest offenders may 
summarily apprehend a deserter from the Armed Forces of the Philippines and deliver 
him into the custody of the authorities concerned. 
Code of Military Justice 
I 1  


ARTICLE 
8. 
Arrest and Confinement. - The Commanding Officer or any 
responsible officer may take an accused charged before a court-martial into custody 
during the pendency of the case, subject to the approval of the court. 
When the presence of the accused is specifically required by a court-martial, his 
custodian, after due notice, shall immediately produce the accused before the court on 
the date and time specified in the notice. If the accused fails to appear in person as 
required, the custodian shall be given fifteen (15) days within which to produce his 
principal. Within the said period of fifteen (15) days, the custodian must (a) produce the 
body of the principal or give the reason for his non-production and (b) must explain 
satisfactorily why the accused did not appear before the court when first required to do 
so. Failing in these two requisites, the custodian shall be punished as a court-martial 
may direct. The court-martial will then issue an order for the arrest of the accused, 
which shall be enforceable anywhere in the Philippines. 
ARTICLE 
9. 
a. 
Arrest or Confinement of Persons Charged with Offenses. - 
Any person subject to military law and charged with an offense punishable 
under these articles shall be ordered into arrest or confinement, as circumstances may 
require; but when charged only with a minor offense punishable by not more than thirty 
(30) days confinement, he shall not ordinarily be placed in physical restraint, unless 
there exist reasonable grounds to believe that: 
(1) 
the person will not appear at the investigation or pre-trial investigation or 
trial; 
(2) 
(3) 
he will engage in serious criminal misconduct; or 
he has committed other offenses under these articles covered by court- 
martial. 
When a person is placed under arrest or confinement prior to trial, he shall 
immediately be informed of the nature of the offense or offenses for which he is being 
held in arrest or confinement; 
Code of Military Justice 
12 


b. 
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 modified by proper authority. 
c. 
Not later than eight (8) days after ordering a person into arrest or 
confinement, or after receipt of a report that a member of the commander’s unit has 
been apprehended, the immediate commander shall decide whether the order of arrest 
or confinement of the apprehended person will continue. The release of the person 
ordered arrested or confined shall be directed by the immediate commander, unless he 
believes there exists reasonable grounds that: 
(1) 
the person will not appear at the investigation, or pre-trial 
investigation or trial; 
(2) 
(3) 
Provided, however, that whenever an accused has undergone pre-trial 
restraint for a period equal to or more than the imposable minimum imprisonment for the 
offense charged to which he may be sentenced and his case is not yet terminated, he 
shall be released immediately without prejudice to the continuation of the trial hereof or 
the proceeding on appeal if the same is under review: Provided, finally, that the pre-trial 
restraint shall in no case exceed ninety (90) days without formal charges being referred 
to the Trial Judge Advocate for trial. 
he will engage in serious criminal misconduct: or 
unless severe forms of restraint are inadequate: 
ARTICLE 
I O .  
Confinement with Enemy Prisoner Prohibited. - No member 
of the Armed Forces of the Philippines shall be placed in confinement in immediate 
association with enemy prisoners or other foreign nationals. 
TITLE 111 - NON-JUDICIAL PUNISHMENT 
ARTICLE 
1 I, Disciplinaw Powers of Commanding Officers. - 
a. 
The commanding officer of nay detachment, company, battalion, 
squadron, commissioned vessel, or higher command, or such other officers as may be 
authorized by the President, may, for minor offenses, impose disciplinary punishments 
upon persons of his command without the intervention of a court-martial. 
A 
Code of Militarv Justice 
13 


commanding officer exercising court-martial jurisdiction or an officer of general or flag 
rank in command may delegate his power under this article to a principal assistant. 
b. 
Any commanding officer may, in 
addition to or in lieu of 
admonition, 
reprimand, impose one or more of the following disciplinary punishments; 
Upon Officers of his Command - 
(a) 
(1) 
Withholding of privileges for not more than thirty consecutive 
days; 
(b) 
Restriction to certain specified limits, with or without 
suspension from duty, but for not more than thirty consecutive days; 
(c) 
(d) 
Arrest in quarters for not more than fifteen consecutive days; 
Forfeiture of not more than one-half of one month's base 
(e) 
Detention or withholding of not more than one-half of one- 
month's base pay per month for three months 
(9 
Deprivation of liberty on shore not exceeding thirty days for 
those attached or embarked in a commissioned vessel of the Philippine Navy; 
(9) 
If imposed by an officer exercising court-martial jurisdiction 
or by an officer of general or flag rank in command: 
(i) 
Withholding of privilege for not more than sixty 
consecutive days; 
(ii) 
Restriction to certain specified limits, with or without 
suspension from duty, for not more than sixty consecutive days; 
(iii) 
Arrest in quarters for not more than thirty consecutive 
days; 
(iv) 
Forfeiture of not more than one-half of one-month's 
base pay per month for three months; 
(v) 
Detention or withholding of not more than one-half of 
one-month's base pay per month for six months; 
Code of Militan/ Justice 
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(vi) 
Deprivation of liberty on shore not exceeding sixty 
consecutive days, for those attached to or embarked in a commissioned vessel of the 
Philippine Navy. 
(2) 
Upon other personnel of his command: 
(a) 
(b) 
Withholding of privilege for not more than thirty consecutive days; 
Restriction to certain specified limits, with or without suspension 
from duty, for not more than thirty consecutive days; 
(c) 
(d) 
(e) 
per month for three months; 
(9 
vessel of the Philippine Navy: 
Arrest in quarters for not more than fifteen consecutive days 
Forfeiture of not more than one-half of one month’s base pay; 
Detention or withholding of not more than one month’s base pay 
With respect to those attached to or embarked in a commissioned 
(i) 
Deprivation of liberty on shore not exceeding thirty 
consecutive days; 
(ii) 
Confinement on diminished rations for not more than three 
consecutive days; 
(9) 
Confinement not under guard for not more than fifteen consecutive 
days; 
(h) 
Hard labor without confinement for not more than fifteen 
consecutive days; 
(i) 
Extra duties, including fatigue or other duties, for not more than 
fifteen consecutive days; 
0) 
(k) 
Correctional custody for not more than fifteen consecutive days; 
Reduction to the next inferior pay grade, 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. 
(I) 
If imposed by an officer in the grade of Lieutenant Colonel or 
Commander: 
Code of Mllitarv Justice 
15 


Withholding of privileges for not more than sixty consecutive 
days; 
Restriction to certain specified limits, with or without 
suspension from duty, for not more than sixty consecutive 
days; 
Arrest in quarters for not more than thirty consecutive days; 
Forfeiture of not more one half of one month's base pay per 
month for two months; 
Detention or withholding of not more than one month's base 
pay per month for six months; 
With respect to those attached to or embarked in a 
commissioned vessel of the Philippine Navy, deprivation of 
liberty on shore not exceeding sixty consecutive days, or 
confinement on diminished rations for not more than three 
consecutive days; 
Confinement not under guard for not more than thirty 
consecutive days; 
Hard labor without confinement for not more than thirty 
consecutive days; 
Extra duties, including fatigue or other duties for not more 
than forty-five consecutive days; 
Correctional custody for not more than thirty consecutive 
days; 
Reduction to the lowest or any intermediate pay grade, 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, but an 
enlisted member in a pay grade above E-4 may not be 
reduced more than two pay grades. 
Code of Military Justice 
16 


c. 
The officer or his successor in command who imposed the punishment 
may, at any time, suspend provisionally any part or amount of the unexecuted 
punishment imposed and may suspend provisionally a 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 whether or not executed, and restore all rights, privileges and property 
affected. He may also mitigate a reduction in grade to forfeiture or detention of pay. 
d. 
A person punished under this article who considers his punishment unjust 
or disproportionate to the offense may, through the proper channel, appeal to the 
superior authority, but may in the meantime be required to serve the punishment 
imposed. The superior authority may exercise the same powers with respect to the 
punishment imposed as may be exercised under the preceding subsection by the officer 
who imposed the punishment. 
e. 
The imposition and enforcement of disciplinary punishment under this 
article for any act or omission shall not be a bar to trial by court-martial for a serious 
crime or offense growing out of the same act or omission, and not properly punishable 
under this article; but the fact that a disciplinary punishment has been enforced may be 
shown by the accused upon trial, and when so shown, it shall be considered in 
determining the measure of punishment to be adjudged in case of a finding of guilty. 
f. 
Under such regulations as the President may prescribe, limitations may be 
placed on the powers granted by this article with respect to the kind and amount of 
punishment authorized and the categories of commanding officers authorized to 
exercise these powers. Rules may also be prescribed with respect to the suspension, 
apportionment, remission, mitigation, setting aside of the punishments imposed, or the 
restoration of rights and privileges properly affected by the punishment imposed, and 
the form of records to be kept of proceedings under this article, and what categories of 
these proceedings shall be in writing. 
g. 
Any officer meted punishment under this article by an officer exercising 
court-martial jurisdiction shall automatically be considered on non-promotable status for 
Code of Milifaw Justice 
17 


a period of one year from the date of the imposition of the punishment. The imposition 
of three or more disciplinary punishments during the three years next preceding the 
consideration for promotion of an officer shall constitute a ground for deferment from 
promotion of the officer. Any enlisted person meted punishment under this article by an 
officer in the grade of lieutenant colonel or commander shall automatically be 
considered on non-promotable status for a period of one year from the date of the 
imposition of the punishment. 
TITLE IV - COURTS-MARTIAL 
ARTICLE 
12. 
Court-Martial. - A court-martial shall be composed of a 
military judge and two members; or only a military judge, if before the arraignment, the 
accused, after consultation with his defense counsel, requests orally on the record or in 
writing that he be tried by a court composed only of a military judge and said request is 
approved by the convening authority: Provided, however, that whenever there are more 
than one accused and they could not agree as to which court-martial would try them, 
they shall be tried by a military judge and two members. 
ARTICLE 
13. 
Jurisdiction of Court-Martial. - 
The 
court-martial 
shall 
have the power to try persons subject to these articles and any other person who by the 
law of war is subject to trial by court-martial. U.nder such limitations as the President 
may prescribe, it may adjudge any punishment authorized by law or the customs of the 
service. In the Philippine Navy, a court-martial may impose deprivation of liberty on 
shore as a punishment, or solitary confinement not exceeding thirty days, or solitary 
confinement on diminished rations not exceeding thirty days. 
ARTICLE 
14. 
Who mav Convene Court-Martial. - 
The President of 
the Philippines, the Chief of Staff of the Armed Forces of the Philippines, the 
Commanders of the Major Services of the Armed Forces of the Philippines, the 
commanding officer of Area Commands; commanders of task forces, divisions, 
separate brigades or body of troops and their respective equivalents in the Navy or Air 
Force, provided they have Staff Judge Advocate; and the Superintendent of the 
Philippine Military Academy and commanders of a contingent of the Armed Forces of 
Code of Militarv Justice 
18 


the Philippines serving in a foreign country, may convene a court-martial; but when any 
such commanding officer is the accuser or the prosecutor of the person or persons to 
be tried, the court shall be convened by competent higher authority. 
ARTICLE 
15. 
serve in a court-martial: 
Who may Serve in A Court-Martial. - The following may 
a. 
Any officer on active duty in the Armed Forces of the Philippines shall be 
competent to serve in a court-martial for the trial of any person who may lawfully be 
brought before such court for trial. 
b. 
Any enlisted person in the active military service of the Armed Forces of 
the Philippines who is not a member of the same company as the accused shall be 
competent to serve in a court-martial for the trial of any enlisted member, draftee, 
trainee, or candidate soldier who may lawfully be brought before such court for trial. 
c. 
When convening a court-martial, the convening authority shall detail as 
members thereof those officers of the command and, when eligible and available, those 
enlisted members of the command who, in his opinion, are best qualified for the duty by 
reason of age, education, training, experience, length of service and judicial 
temperament. 
d. 
When it can be avoided, no member of the Armed Forces of the 
Philippines shall be tried by court-martial any member of which is junior to the former in 
rank or grade. 
e. 
No person shall be eligible to sit as member of a court-martial when he is 
the accuser or a witness for the prosecution or defense, or has acted as investigator or 
as counsel in the same case. 
f. 
An accused enlisted person may request orally or in writing prior to the 
arraignment that an enlisted person serve in the court which is to try him: Provided, that 
in no case shall the number of enlisted persons detailed exceed one-third of the total 
membership of the court: Provided, further, That failure of the convening authority to 
designate an enlisted person as a member of the court because eligible enlisted 
members cannot be designated on account of physical conditions or military exigencies 
Code of Militarv Justice 
19 


shall not preclude the court from proceeding with the trial nor shall it affect the validity of 
the proceedings taken thereon, but the convening authority shall make a detailed written 
statement, to be appended to the record, stating why they could not be designated; 
Provided, finally, That no enlisted person shall act as member of a court-martial when 
one of the accused is an officer. 
ARTICLE 
16. 
Militarv Judcle of Court-Martial. - The convening authority 
shall detail to the court-martial a member of the bar, hereafter called military judge, who 
shall be an officer of the Judge Advocate General's Service or an officer who is a 
member of the Philippine Bar of some other branch of service and who is certified to be 
qualified for duty as a military judge by the Judge Advocate General. No court-martial 
shall convene or receive evidence in the absence of the military judge regularly detailed. 
The military judge, in addition to his duties as such, shall perform such other duties as 
the President may, by regulations prescribe. No person is eligible to act as a military 
judge in any case if he is the complainant or a witness for the prosecution or has acted 
as investigating officer or counsel in the same case. 
ARTICLE. 
17. 
a. 
Detail of Trial Judqe Advocate and Defense Counsel. - 
For each court-martial, the authority convening the court shall detail a Trial 
Judge Advocate and a defense counsel certified as competent to perform such duties 
by the Judge Advocate General; and for each court-martial, one or more assistant Trial 
Judge Advocates and one or more assistant defense counsels when necessary. 
b. 
No person who has acted as investigating officer, military judge or court 
member in any case may act later as Trial Judge Advocate, Assistant Trial Judge 
Advocate, or unless expressly requested by the accused, as defense counsel or 
assistant defense counsel in the same case. No persoq who has acted for the defense 
may act later in the same case for the prosecution. 
ARTICLE. 
18. 
Detail or Employment of Reporters, Interpreters and Bailiffs. 
a. 
Under such regulations as the President may from time to time prescribe, 
the convening authority of a court-martial shall detail or employ qualified court reporters, 
who shall record the proceedings and testimony taken before such court and may take 
Code of Military Justice 
20 


down the same, in the first instance, in shorthand. Under like regulations, the convening 
authority of a court-martial shall detail or employ an interpreter or interpreters, who shall 
interpret for the court. 
b. 
The convening authority of a court-martial shall detail at least two bailiffs 
who shall attend at the proceedings of the court to maintain order, to serve warrants, 
summons and any other process issued by the court, and to execute orders of the court. 
It shall also be the duty of the bailiff to protect the officers of the court and secure the 
prisonedaccused during the trial. The order appointing a military court shall include the 
detail of at least two bailiffs who shall be selected from the enlisted personnel of the 
Provost Marshal. In the performance of its duties, the Provost Marshal shall extend its 
maximum support particularly in the service of warrants, summons and any other 
process and orders issued by the court. The bailiffs shall be under the direct supervision 
and control of the court during the trial. 
ARTICLE. 
19. 
Absent and Additional Member. - No member of a court- 
martial shall be relieved or excused after the accused has been arraigned, except for 
physical disability as a result of a challenge for cause duly proved, or by order or the 
convening authority for a good cause. 
TITLE V - PRE-TRIAL PROCEDURE 
ARTICLE. 
20. Challenqes. - Except for the military judge, members of a 
court-martial may be challenged by the accused or trial judge advocate for cause stated 
to the court. However, for good cause shown, the accused or the trial judge advocate 
may request in writing the convening authority for the relief of the military judge. 
ARTICLE. 
21. 
Compulsorv Self-Incrimination Prohibited. - 
a. 
No person shall be compelled to incriminate himself, or to answer any 
question the answer to which may tend to incriminate him. 
b. 
No person shall be compelled to make a statement or produce evidence 
before or for use before a court-martial, board, or officer conducting an investigation or 
designated to take a deposition if the statement or evidence is not material to the issue 
and may tend to degrade him. 
Code of MiMary Justice 
21 


c. 
No person may interrogate or request any statement from an accused or a 
person suspected of an offense without first informing him of the nature of the 
accusation and advising him that he does not have to make any statement regarding 
the offense of which he is an accused or suspected of committing and that any 
statement made by him may be used as evidence against him. 
d. 
No statement obtained from any person in violation of this article or in 
violation of the Constitution or existing laws or through the use of coercion, unlawful 
influence, or unlawful inducement may be received in evidence against him. 
ARTICLE.22. Foiwardinq of Charqes. -When a person had committed an act 
within the jurisdiction of a court-martial, the commanding officer shall, within eight (8) 
days after the accused is ordered into arrest or confinement, forward the charges, 
together with the investigation report and allied papers, to the Staff Judge Advocate or 
legal officer who shall forthwith prepare the appropriate charge sheet, if warranted, and 
designate a Pre-Trial Investigation Officer. 
ARTICLE 23. 
Pre-Trial Investigation. - 
a. 
No charge or specification may be referred to a court-martial for trial until a 
thorough and impartial investigation of all the matters set forth therein has been made. 
This investigation shall include inquiry as to the truth of the matter set forth in the 
charges, consideration of the form of charges and a recommendation as to the 
disposition which should be made of the case in the interest of justice and discipline. 
b. 
At such investigation, the accused shall be informed of the charges 
against him and advised of his constitutional rights. He shall within ten days from 
receipt of the charge sheet and all the evidence against him be given full opportunity to 
present his own evidence or anything that he may present in his own behalf, either in 
defense or mitigation. 
The investigation officer may examine available witnesses 
requested by the accused, If the charges are forwarded after such investigation they 
shall be accompanied by a pretrial investigation report containing a statement of the 
substance of the testimony taken on or submitted by both sides. 
Code of Militaty Justice 
22 


c. 
The investigation shall, as far as practicable, be completed within a period 
of twenty days, otherwise, the pre-trial investigation officer shall report to the convening 
authority the reasons for delay and request extension of the period to complete the pre- 
trial investigation: Provided, however, that the total period of extension that may be 
granted shall not exceed ten (IO) days. 
ARTICLE 
a. 
24. 
Advice of Staff. Judcfe Advocate and Reference for Trial - 
Before directing the trial of any charge by a court-martial, the convening 
authority shall refer the same to his staff judge advocate or legal officer for 
consideration and advise. The convening authority may not refer a specification under a 
charge to a court-martial for trial unless he has found that the specification alleges an 
offense under these articles and is warranted by the evidence indicated in the report of 
investigation. 
b. 
If the charges or specifications are not formally correct or do not conform 
to the substance of the evidence contained in the report of the investigating officer, 
formal corrections, and such changes in the charges and specifications as are needed 
to make them conform to the evidence, may be made. 
ARTICLE 
25. 
Service of Charqes - The trial judge advocate to whom 
court-martial charges are referred for trial shall cause to be served upon the accused a 
copy of the charges upon which trial is to be had, and a failure to serve such charges 
will be ground for a continuance unless the trial be had on the charges as have been 
served previously upon the accused. In time of peace, no person may against his 
objection, be brought to trial before a court-martial within a period of five days 
subsequent to the service of charges upon him. 
TITLE VI. - TRIAL PROCEDURE 
President Mav Prescribe Rules. - The President may by 
regulation which he may modify from time to time, prescribe pre-trial, trial and post-trial 
procedures, including modes of proof, for cases arising under these articles within the 
jurisdiction of a court-martial, and which regulations shall, as far as he considers 
ARTICLE 
26. 
Code of Militaiy Justice 
23 


practicable, apply the principles of law and the rules of evidence in the courts of justice 
of the Philippines, but which shall not be contrary to or inconsistent with these articles. 
ARTICLE 
a. 
27. Duties of Trial Judqe Advocate and Defense Counsel. - 
The trial judge advocate of a court-martial shall prosecute in the name of 
the People of the Philippines, and shall, under the direction of the court, prepare the 
record of the proceedings. 
b. 
The accused has the right to be represented in his defense before a court- 
martial or at an investigation under Article 23 by civilian counsel, or by military counsel 
of his own selection if reasonably available, or by the defense counsel duly detailed 
under Article 17. If the accused is represented by civilian or military counsel of his own 
selection, the detailed military defense counsel and assistant military defense counsel 
shall act as associate defense counsel and shall take over the defense of the accused 
whenever the counsel of choice is not available for any reason. 
c. 
In every court-martial proceeding, the defense counsel may, in the event 
of conviction, submit in writing for attachment to the record of proceedings a brief of 
such matters as to clemency and as he determines should be considered in behalf of 
the accused by the members of court or the reviewing authority, including any objection 
to the contents of the record which he considers appropriate. 
d. 
An assistant trial judge advocate and assistant defense counsel may, 
under the direction of the trial judge advocate and military defense counsel, 
respectively, and subject to the requirement of Article 17, perform any duty imposed by 
law, regulations, or customs of the service upon the trial judge advocate and defense 
counsel for the accused, respectively. 
ARTICLE 28. 
Closed Sessions. - Whenever a court-martial shall sit in 
closed session, the trial judge advocate and/or the assistant trial judge advocate, shall 
withdraw; and when their assistance in referring to the recorded evidence is required, it 
shall be obtained in open court, and in the presence of the accused and of his counsel. 
Code of Miiitarv Justice 
24 


ARTICLE 29. 
Continuances. - A court-martial may, for reasonable cause, 
grant a continuance to any party for such time and as often as may appear to be just 
and proper. 
ARTICLE 
30. 
Challenqes. - The military judge and/or members of a court- 
martial may be challenged by the accused or the trial judge advocate for cause stated to 
the court. The courts shall determine the relevance and validity of challenges for cause. 
It may not receive a challenge to more than one person at a time. Challenges by trial 
judge advocate shall ordinarily be presented and decided before those by the accused 
are offered. No peremptory challenge shall be allowed. 
ARTICLE 
31. 
Oaths. - Before performing their respective duties, military 
judges, members of courts-martial, trial judge advocate, assistant trial judge advocate, 
defense counsel, assistant or associate defense counsel, reporters, and interpreters 
shall take an oath or affirmation to perform their duties faithfully. The form of the oath or 
affirmation, the time and place of the taking thereof, the manner of recording the same, 
and whether the oath or affirmation shall be taken for all cases in which these duties are 
to be performed or for a particular case, shall be as prescribed in regulations by the 
President. 
ARTICLE 
32. 
As to Time. - Except for desertion, mutiny or for war 
offenses punishable under these articles for murder or rape committed in times of war, 
no person subject to military law shall be tried or punished by a court martial for any 
crime or offense committed more than three (3) years before the charge sheet is 
referred to the trial judge advocate for trial. Provided, that for desertion in time of peace 
or for any crime or offense punishable under Article 135 and136, the period of limitation 
upon trial and punishment by court-martial shall be five years from the time the offense 
was discovered by the authorities. Provided further, that the period of any absence of 
the accused from the jurisdiction of the Philippines or any period during which by reason 
of some manifest impediment the accused is not amenable to military jurisdiction, shall 
be excluded in computing the aforesaid periods of limitations. Provided also, that for 
any crime or offense the trial of which in time of war is certified to the President by the 
Code of Militarv Justice 
25 


Secretary of National Defense to be detrimental to the prosecution of the war or inimical 
to the national security, the period of limitation prescribed in this Article for the trial of 
said crimes and offenses shall be extended to the duration of the war and one year after 
the termination of hostilities as proclaimed by the President or by a joint resolution of the 
Congress. Provided finally, that this Article shall not have the effect of authorizing the 
trial and punishment for any crime of offenses barred by the provisions of existing law". 
ARTICLE 
33. 
Former Jeopardy. - 
a. 
No person shall be tried a second time for the same offense, but no 
proceeding in which an accused has been found guilty by a court-martial upon a charge 
or specification shall be considered a trial in the sense of this article until the reviewing 
and, if there be one, the confirming authority shall have taken final action upon the case. 
A proceeding which, after the introduction of evidence but before a finding, 
is dismissed or terminated by the convening authority or on motion of the prosecution 
for failure of available evidence or witnesses without any fault of the accused, is a trial in 
the sense of this article. 
ARTICLE 
34. Pleas of the Accused. - If an accused after arraignment makes 
an irregular or after a plea of guilty sets up matter inconsistent with the plea, or if it 
appears that he has entered the plea of guilty through negligence or through lack of 
understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not 
guilty shall be entered in the record, and the court shall proceed as though he had 
pleaded not guilty. 
b. 
ARTICLE 
35. 
Process to Obtain Witnesses and Other Evidence. - Every 
trial judge advocate, defense counsel and every court-martial shall have equal 
opportunity to obtain witnesses and other evidence in accordance with such regulations 
as the President may prescribe. Processes issued in court-martial cases to compel 
witnesses to appear and testify and to compel witnesses to appear and testify and to 
compel the production of other evidence shall be similar to that which courts of the 
Philippines having criminal jurisdiction may lawfully issue and shall be enforceable in 
any part of the Philippines. 
Code of Milifam Justice 
26 


ARTICLE 
36. Refusal to Appear or Testify. -Any person subject to military 
law shall be guilty of contempt if he has been duly subpoenaed to appear as a witness 
before any court-martial, board, or officer appointed to conduct investigation under the 
provisions of Article 23 or before any military or civil officer designated to take a 
deposition to be read in evidence before such court, board, or officer and he willfully 
neglects or refuses to appear, or refuses to qualify as a witness, or testify, or produce 
documentary evidence which such person may have been legally subpoenaed to 
produce: Provided, however, That the witness shall be entitled to such fees and 
traveling expenses as the Chief of Staff, Armed Forces of the Philippines may prescribe, 
which shall be duly paid or tendered to the witness. Such amount shall be paid out of 
the appropriations of the Armed Forces of the Philippines. 
ARTICLE 
37. Indirect Contempt -Any person not subject to military law shall 
be guilty of contempt if after he has been duly subpoenaed to appear as a witness 
before any court-martial, board or officer appointed to conduct investigation under the 
provisions of Article 23 or before any military or civil officer appointed to take a 
deposition to be read before such court, board or officer, willfully neglects or refuses to 
appear, or refuses to qualify as a witness or testify, or produce documentary evidence 
which such person may have been legally subpoenaed to produce. Any person who, 
upon proof or service and receipt thereof, fails, without justifiable cause, to obey a 
subpoena served upon him shall be deemed in indirect contempt and the court, board of 
officer issuing the subpoena may issue a warrant to the provost marshal to arrest the 
witness and bring him before the court, board or officers where his attendance is 
required; Provided, that the testimony of the witness is vital to the resolution of the case 
and it could not be obtained in any other manner; Provided further, that a civilian 
witness is not bound to obey a subpoena if his residence is more than fifty (50) 
kilometers away from the place of trial, hearing or investigation by the usual course of 
travel and; Provided finally, that the civilian witness shall be entitled to such expenses 
as the Chief of Staff, Armed Forces of the Philippines may prescribe which shall be 
Code of Militarv Justice 
27 


given to the witness within a reasonable period of time prior to the hearing and that such 
amount shall be paid out of the appropriations of the Armed Forces of the Philippines. 
ARTICLE 
38. Depositions. - 
a. 
At any time after charges have been signed as provided in Article 20, any 
party may take oral or written depositions unless an authority competent to convene a 
court-martial for the trial of those charges forbids it for good cause. If a deposition is to 
be taken before charges are referred for trial, such an authority may designate officers 
to represent the prosecution and the defense and may authorize those officers to take 
the deposition of any witness. 
b. 
Depositions to be read in evidence before military boards, or for other use 
in military administration, may be taken before and authenticated by any military or civil 
officer authorized by the laws of the Philippines or by the laws of the place, where the 
deposition is taken to administer oaths. 
c. 
The party at whose instance a deposition is to be taken shall give to every 
other party reasonable written notice of the time and place for taking the deposition. 
A duly authenticated deposition taken upon reasonable notice to the parties, so 
far as otherwise admissible under the rules of evidence, may be read in evidence before 
any military court, or in any proceeding before a military board, if such deposition be 
taken where the witness resides, is found, or is about to go outside of the Philippines, or 
beyond the distance of one hundred and fifty kilometers from the place of trial or 
hearing, and will probably continue to be absent when the testimony is required; or 
when it appears to the satisfaction of the court, board, or convening authority that the 
witness, by reason of age, sickness, bodily infirmity, imprisonment, military necessity, 
non-amenability to process, or other reasonable cause, is unable or refuses to appear 
and testify in person at the place of trial or hearing or the present whereabouts of the 
witness is unknown. 
ARTICLE 
39. 
Votinq and Rulinqs. - 
a. 
Voting by members of a court-martial, where the accused has not opted to 
be tried by a military judge alone upon questions of challenge, on the findings and on 
Code of Militaw Justice 
28 


the sentence, shall be by secret ballot. The most junior member of the court shall in 
each case count the votes. The votes shall be checked by the most senior member 
who shall forthwith announce the result of the voting to the members of the court. 
b. 
The military judge of a court-martial shall rule in open court upon 
interlocutory questions. Any ruling made by the military judge upon any interlocutory 
question other than on a motion for a finding of not guilty, challenge for cause, or on the 
question of the sanity of the accused, shall be final and shall constitute the ruling of the 
court; but the military judge in any case may consult other members of the court, in 
closed session, before making a ruling and may change any ruling made at any time 
during the trial. If any member objects to a ruling of the military judge of a court-martial 
upon a motion for a finding of not guilty, challenge for cause, or on the question decided 
by a majority vote by viva voce, beginning with the junior in rank. Any such ruling shall 
be final and shall not be subject to appeal or review by the civil courts. 
c. 
Before a vote is taken on the findings, the military judge shall, in the 
presence of the parties, advise the members of the court that: 
I) The accused must be presumed to be innocent until his guilt is 
established by legal and competent evidence beyond reasonable doubt; 
2) In the case being considered, if there is a reasonable doubt as to the 
guilt of the accused, the doubt shall be resolved in favor of the accused and he shall be 
acquitted; 
3) If there is a reasonable doubt as to the degree of guilt, the finding must 
be in a lower degree than when there is no such doubt; and 
4) The burden of proof to establish the guilt of the accused beyond 
unreasonable doubt is upon the prosecution except in cases where the burden is shifted 
on the defense. 
ARTICLE 
40. 
Number of Votes Required. - 
a. 
1) 
No person shall be convicted: 
Of an offense for which the death penalty is made mandatory by law, 
except by the unanimous vote of all the members of the court-martial; 
Code of Mi/ifarv Justice 
29 


2) 
Of any other offense, except by the concurrence of the military judge and 
another member; Provided, however, that he voting required under this sub-section 
shall not apply in cases where the accused is tried by a military judge alone. 
b. 
1) 
No person may be sentenced to: 
death in offenses expressly made punishable by such in these articles or 
in any other applicable provision of law, except by the unanimous vote of all the 
members of the court-martial; 
2) 
life imprisonment or confinement for more than six (6) years of any other 
applicable provision of law, except by the concurrence of the military judge and another 
member; Provided, however, that the voting required under this subsection shall not 
apply in cases where the accused is tried by a military judge alone. 
c) 
All other questions except interlocutory ones shall be determined by a 
majority vote, or by the military judge where the accused is tried by a military judge 
alone. 
ARTICLE 
41. 
Court to Announce Action. - A court-martial once it closes 
to deliberate on its findings and sentence shall not adjourn until its verdict is announced 
in open court unless, in the court's opinion, good reason exists for not making the 
finding of guilty and the sentence public at that time. In this latter event, the president 
may state in open court that the findings and the sentence are not to be announced. 
ARTICLE 
42. 
Records of Trial. - 
a. 
Each court-martial shall keep a separate record of its proceedings in the 
trial of each case brought before it, and such record shall be authenticated by the 
military judge and the trial judge advocate. If the record cannot be authenticated by the 
military judge and the trial judge advocate by reason of the death, disability, or absence 
of either or both of them, it shall be signed by a member in lieu of the military judge and 
by an assistant trial judge advocate if there be one, in lieu of the trial judge advocate, 
otherwise, by another member of the court. If the trial is by a military judge alone, the 
records shall be authenticated by the trial judge advocate or by the assistant trial judge 
advocate and by the military judge. 
Code of Militarv Justice 
30 


b. 
Every person tried by a court-martial shall, on demand made by himself or 
by any person in his behalf, be entitled to a copy of the record of trial. 
TITLE VI1 -SENTENCE 
ARTICLE 
43. 
Excessive Fines. Cruel and Unusual Punishment Prohibited. 
a. 
b. 
c. 
Excessive fines shall not be imposed by any court-martial. 
Cruel and unusual punishment of every kind is prohibited. 
The use of irons, single or double, except for the purpose of safe custody, 
is prohibited. 
d. 
Any fine imposed shall be receipted in the manner as prescribed in Article 
37. 
ARTICLE 
44. 
Maximum Limits. - 
a. 
Whenever the punishment for a crime or offense made punishable by 
these articles is left to the discretion of the court-martial, the punishment shall not 
exceed such limit or limits as the President may from time to time prescribe for that 
crime or offense. 
b. 
In time of peace, the period of confinement in a penitentiary shall in no 
case exceed the maximum period prescribed by law which, under Article 46, permits 
confinement in penitentiary, unless in addition to the crime or offense so punishable 
under such law the accused shall have been convicted at the same time of one or more 
other crimes or offenses. 
c. 
A person subject to military law convicted by a court-martial but whose 
sentence does not provide for dishonorable discharge shall in no case be promoted for 
a period of one year from the time the sentence becomes final and executory. 
d. 
No reduction in any grade shall be allowed for enlisted personnel 
convicted by a court-martial, unless specifically provided for in the sentence. 
e. 
A court-martial may impose a punishment of reduction in rank in mitigation 
of a mandatory sentence of dismissal from the service. 
ARTICLE 
45, 
Effective Dates of Sentence. - 
Code of Military Justice 
31 


a. 
Whenever a sentence of a court-martial lawfully adjudged includes a 
forfeiture of pay and allowances in addition to confinement not suspended, the forfeiture 
shall apply to all pay and allowances due and to become due on the date such sentence 
is approved by the convening authority. 
b. 
Any period of confinement included in a sentence of a court-martial begins 
to run from the date the sentence is adjudged by the court-martial and the accused shall 
commence to serve the sentence. For good behavior, the accused who has undergone 
confinement shall be credited in the service of his sentence consisting of deprivation of 
liberty with the full time during which he has undergone preventive confinement. 
c. 
All other sentences of court-martial are effective on the date they are 
ordered executed. 
ARTICLE 
46. Execution of Confinement. - 
a. 
Except for desertion in time of war, repeated desertion in time of peace, 
and mutiny, no person under the sentence of court-martial shall be punished by 
confinement in a penitentiary unless an act or omission of which he is convicted is 
recognized as an offense of a civil nature and so punishable by penitentiary 
confinement for more than three (3) years by a law of the Philippines, or by way of 
commutation of death sentence, and unless, also the period of confinement authorized 
and adjudged by such court-martial is more than three (3) years. 
b. 
When a sentence of confinement is adjudged by a court-martial upon 
conviction of two or more acts or omissions, any one of which is punishable under these 
articles by confinement, may be executed in a penitentiary. 
c. 
The penitentiary confinement herein authorized may be served in any 
penitentiary under the jurisdiction of the Philippines. 
d. 
Persons sentenced to dishonorable discharge and to confinement not in a 
penitentiary shall be confined in the Armed Forces of the Philippines Custodial Center 
or elsewhere as the President or the reviewing authority may direct, but not in a 
penitentiary. 
Code of Military Justice 
32 


e. 
The omission of the words "hard labor" from any sentence of a court- 
martial adjudging imprisonment or confinement does not deprive the authority executing 
such sentence of imprisonment of the power to require hard labor as part of the 
punishment in any case where it is authorized by regulations prescribing maximum 
punishments. 
f. 
When the accused who is placed in custody is acquitted, the court shall 
order his immediate release from confinement, unless he is being held for some other 
charge. 
TITLE Vlll - REVIEW OF COURT-MARTIAL PROCEEDING 
ARTICLE 
47. 
Effect of Irreqularities. The proceedings of a court martial 
shall not be held invalid nor the findings or sentence disapproved in any case on the 
grounds of improper admission or rejection of evidence or for any error as to any matter 
of pleading or procedure, unless in the opinion of the convening or reviewing authority, 
after an examination of the entire proceedings, it shall appear that the error complained 
of has injuriously affected the substantial rights of the accused. 
ARTICLE 
48. 
Disposition of Records. - 
a. 
After trial by a court-martial the trial judge advocate shall, with dispatch as 
circumstances may permit, forward the original records of the proceedings of each case 
to the staff judge advocate or legal officer who shall review and submit his written 
opinion thereon to the convening authority or to his successor in command or to the 
officer commanding for the time being. 
b. 
All records of a court-martial proceeding shall, after having been finally 
acted upon, be transferred to the Judge Advocate General of the Armed Forces of the 
Philippines for safekeeping. 
ARTICLE 
49. 
Action by the Convenincl Authoritv. - 
a. 
After the judge advocate or legal officer shall have reviewed the record of 
trial, he shall forward the same to the convening authority. 
Action thereon may be 
taken by the officer who convened the court, an officer commanding for the time being, 
a successor in command, or any officer exercising court-martial jurisdiction. 
Code of Militaw Justice 
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b. 
No sentence of a court-martial shall be carried into execution until the 
same shall have been approved by the officer convening the court, or by the officer 
commanding for the time being, or by a successor in command. Unless the convening 
authority indicates otherwise, his approval of the sentence is approval of the findings 
and sentence. 
ARTICLE 
50. 
Powers Incident to Power to Approve. - The power to 
approve the sentence of a court-martial includes: 
a. 
The power to approve or disapprove a finding of guilty and to approve only 
so much of a finding of guilty of a particular offense as involves a finding of guilty of a 
lesser included offense when, in the opinion of the authority having power to approve, 
the evidence on record requires a finding of only the lesser degree of guilt; 
b. 
The power to approve or disapprove the whole or part of the sentence; 
and 
c. 
ARTICLE 
51. 
Reconsideration and Revision. - 
a. 
The power to remand a case for rehearing under Article 52. 
If a specification before a court-martial has been dismissed on motion and 
the finding does not amount to an acquittal, the convening authority may return the 
record to the court for reconsideration of the ruling and any further appropriate action. 
b. 
Where there is an apparent error or omission in the record or where the 
record shows improper or inconsistent action by a court-martial with respect to a finding 
or sentence which can be rectified, without material prejudice to the substantial rights of 
the accused, the convening authority may return the record to the court for appropriate 
action. In no case however may the record be returned for reconsideration of: 
1) 
An acquittal; 
2) 
A finding of not guilty of any specification, or a ruling thereon which 
amounts to a finding of not guilty; 
3) 
A finding of not guilty of any charge, unless the record shows a 
finding of guilty under a specification laid under that charge, which sufficiently alleges a 
violation of some other offenses punishable under these articles; or 
Code of Military Justice 
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4) 
The sentence originally imposed, with a view to increasing it unless 
such sentence is less than the sentence fixed by law for the offenses upon which the 
conviction has been had. 
c. 
No court-martial in any proceeding on revision shall reconsider its findings 
or sentence in any particular case in which return of the record of trial for such 
reconsideration is herein before prohibited. 
ARTICLE 
52. 
Rehearing. - 
a. 
A rehearing shall be had in all cases where errors of law have been 
committed injuriously affecting the substantial rights of the accused unless in accord 
with such action, the finding or sentence are approved in part only, or the record is 
returned for revision, or unless the case is dismissed by the reviewing authority. 
b. 
A rehearing shall take place before a court-martial composed of officers, 
or officers and enlisted persons, not a military judge or members of the court-martial 
which first heard the case. Upon such a rehearing, the accused shall not be tried for 
any offense of which he was found not guilty by the first court-martial, and no sentence 
in excess of or more severe than the original sentence shall be imposed, unless the 
sentence is based upon a finding of guilty of an offense not considered upon the merits 
in the original proceedings, or unless the sentence prescribed for the offense is 
mandatory. 
c. 
If the reviewing authority disapproves or vacates a sentence the execution 
of which has not heretofore been duly ordered, he may authorize or direct a rehearing 
except where there is lack of sufficient evidence in the record to support the findings, or 
when a rehearing is impractical. If the reviewing authority disapproves the sentence 
and orders a rehearing, he shall state the reasons for disapproval. 
If he disapproves 
the sentence and does not order a rehearing, he shall dismiss the charges 
d. 
If the sentence after the first court-martial is approved, but the accused at 
the rehearing changes his plea with respect to the charges or specification with which 
he was found guilty and sentenced as to those charges or specifications may include 
any punishment not in excess of that lawfully adjudged at the first court-martial. 
Code of Military Justice 
35 


ARTICLE 
a. 
53. Review bv the Judqe Advocate or Legal Officer. - 
Each case in which there has been a finding of guilty shall be reviewed by 
a judge advocate or legal officer, provided he has not acted in the same as an accuser, 
witness, investigating officer, member of the court, military judge, or otherwise acted on 
behalf of the prosecution or defense. In such case the review shall be conducted by a 
judge advocate or legal officer to be designated by the convening authority. The review 
shall be in writing and shall contain: 
1) 
conclusion as to whether: 
a) 
the court had jurisdiction over the person of the accused and 
each offense; 
b) 
c) 
A response to each allegation of error made in writing by Article 27c 
each charge and specification stated an offense; and 
the sentence was within the limits prescribed by law; 
2) 
or directly with the judge advocate or legal officer who reviewed the case 
b. 
The record of trial and related documents in each case reviewed under 
subsection a hereof shall be sent for action to the convening authority or to the 
successor in command or whenever impractical to any person exercising court-martial 
jurisdiction within the command. 
c. 
The reviewing authority may: 
1) 
approve or disapprove the findings andlor sentence, in whole or in 
part; 
2) 
3) 
remit, commute, or suspend the sentence in whole or in part; 
order a rehearing on the findings or sentence, or oil both except 
where tile evidence was insufficient at the trial to support the findings or 
4) 
dismiss the charges. 
ARTICLE 
54. 
Suspension of Sentence. - 
a. 
The convening authority of a court-martial may, at the time of the approval 
of such sentence or at any time thereafter, while the sentence is being served, suspend 


whichever is the later. Only one such application for a new trial shall be entertained 
with respect to any one case. 
ARTICLE 
57. 
Mitigation or Remission of Sentence. - 
a. 
The power to order the execution of the sentence adjudged by a court- 
martial includes, inter alia, the power to mitigate or remit the whole or any part of the 
sentence. 
b. 
Any unexecuted portion of a sentence adjudged by a court-martial, 
including all uncollected forfeitures, may be mitigated or remitted by the convening 
authority exclusive of penitentiaries and disciplinary barracks of the Armed Forces of the 
Philippines in which the person under sentence is held. 
c. 
When a sentence of dishonorable discharge has been suspended until the 
soldier's release from confinement, the execution or remission of any part of his 
sentence shall, if the soldier be confined in the penitentiary or any barracks thereof, be 
directed by Chief of Staff, Armed Forces of the Philippines. 
d. 
A sentence, or any part thereof which has been suspended may be 
remitted or mitigated, in whole or in part, by the officer who suspended the same, 
except in cases of persons confined in penitentiaries, or by his successor in command, 
or by any officer exercising appropriate court-martial jurisdiction over the command in 
which the person under sentence may be serving at the time. 
e. 
The death or honorable discharge of a person under suspended sentence 
shall operate as a complete remission of any unexecuted or unremitted part of such 
sentence. 
f. 
The Secretary of National Defense may, for good cause, substitute an 
administrative form of discharge or dismissal executed in accordance with the sentence 
of a court-martial. 
ARTICLE 
58. 
Restoration. - 
a. 
Under such regulations as the President may prescribe, all rights, 
privileges, and property affected by an executed part of a court-martial sentence which 
has been set aside or disapproved, except an executed dismissal or discharge, shall be 
Code of Miltaw Justice 
38 


restored unless a new trial or rehearing is ordered and such executed portion is 
included in a sentence imposed upon the new trial or rehearing. 
b. 
If a previously executed sentence of dishonorable discharge is not 
imposed on a new trial, the Chief of Staff, Armed Forces of the Philippines shall 
substitute therefore a form of discharge authorized for administrative issuance, unless 
the accused is to serve out the remainder of his enlistment or reenlistment. 
c. 
If a previously executed sentence of dismissal is not imposed on a new 
trial, the President shall substitute therefore a form of dismissal authorized for 
administrative issuance, and the officer dismissed by such sentence may be re- 
appointed by the President to such commission grade and with the rank, as in the 
opinion of the President such a former officer would have attained had he not been 
dismissed. The reappointment of such former officer shall be without regard to 
existence of a vacancy and shall affect the promotion status of other officers only 
insofar as the President may direct. All time between the dismissal and reappointment 
shall be considered as actual service for all purposes, including the right to receive pay 
and allowances. 
ARTICLE 
59. 
Finalitv of Proceedings. Findinqs and Sentence. - The 
appellate review of records of trial provided by these Articles, the proceedings, findings 
and sentence of court-martial as approved, reviewed, or affirmed as required by these 
Articles, and all dismissals and discharges carried into execution under sentences by 
court-martial following approval, review, or affirmation as required by these Articles, are 
final and conclusive. Order publishing the proceedings of court-martial and all actions 
taken pursuant to those proceedings are binding upon all departments, courts, agencies 
and officers of the Philippine Government, subject only to action upon petition for new 
trial and action by the Secretary of National Defense as provided in Article 57 (9 and the 
authority of the President. 
ARTICLE 
60. 
Execution of Sentence. - 
a. 
If the sentence of a court-martial includes death, that part of the sentence 
providing for death shall not be executed until the same is transmitted to tile President 
Code of Militarv Justice 
39 


who may commute, remit, or suspend the sentence or any part thereof as lie sees fit. 
Otherwise, the sentence shall be executed. 
b. 
If in case of an officer, cadet, or probationary second lieutenant, the 
sentence of court-martial includes dismissal, that part of the sentence providing for 
dismissal shall not be executed until approved by the Secretary of National Defense 
who may commute, remit, or suspend the sentence, or any part of the sentence, as he 
sees fit. 
c. 
If the sentence extends to death, dismissal, or a dishonorable discharge, 
that part of the sentence extending to death, shall not be executed until there is a final 
judgment as to the legality of the proceedings, and with respect to death or dismissal, 
under subsection (a) or (b), as appropriate. A judgment as to the legality of the 
proceedings is final in such cases when review is completed in accordance with the 
judgment of the court of Military Appeals and (1) a petition for a writ of certiorari is not 
filed with the Supreme Court within the time limits; or (2) such petition is rejected by the 
Supreme Court; or (3) review is otherwise completed in accordance with the judgment 
of the Supreme Court. 
d. 
Any other part of a court-martial sentence may be ordered executed by 
the convening authority when approved by the latter. 
ARTICLE 
61. 
Review by the Judqe Advocate General. - 
a. 
The record of trial in each court martial shall be examined in the Office of 
the Judge Advocate General, Armed Forces of the Philippines, if the finding of guilty 
and the sentence, as approved by the convening authority, is: 
I) Death: 
2) confinement for one year or more; 
3) confinement for less than one year and the accused appealed to the 
Office of the Judge Advocate General within fifteen (15) days from receipt of notice of 
approval of the sentence by the convening authority; 
4) dishonorable discharge of an enlisted person; or 
Code of Military Justice 
40 


5) involves the dismissal of an officer, cadet, or probationary second 
lieutenant. If any part of the findings or sentence is found to be unsupported in law or if 
reassessment of the sentence is appropriate, The Judge Advocate General may vacate, 
modify, set aside the findings or sentence or both, as the case may be. 
b. If the Judge Advocate General sets aside the findings or sentence, he 
may, except when the setting aside is based on lack of sufficient evidence in the record 
to support the findings, order a rehearing. If the Judge Advocate General sets aside the 
findings and sentence and does not order a rehearing, he shall order that the charges 
be dismissed. If he orders a rehearing, but the convening authority finds a rehearing 
impractical, the convening authority shall dismiss the charges. 
TITLE IX - COURT OF MILITARY APPEALS 
ARTICLE 
62. 
Creation, Appointment and Qualifications of Justices. - There 
is hereby created a Court or Military Appeals which shall consist of a Presiding Justice 
and five Associate Justices who shall be appointed by the President of the Philippines 
from civilians who are not less than forty (40) years of age at the time of appointment 
and engaged in the practice of law in the Philippines for not less than ten (IO) years, or 
held for a like period an office in the Philippine Government service requiring admission 
to the practice of law in the Philippines as an indispensable requisite or have been for a 
like period on active military service with the Judge Advocate General's Service of the 
Armed Forces of the Philippines. 
ARTICLE 
63. 
Precedence in Appointments of Justices - The Presiding 
Justice of the Court of Military Appeals shall be so designated in his appointment and 
the other Justices of the court shall have precedence according to the dates of their 
respective appointments, or when the appointments of two or more of them shall bear 
the same date, according to the order in which their appointments have been issued by 
the President of the Philippines. 
ARTICLE 
64. 
Tenure of Office and Removal. - The Presiding Justice and 
Associate Justices of the Court of Military Appeals shall hold office during good 
behavior until they reach the age of seventy (70) years or become incapacitated to 
Code of Militarv Justice 
41 


discharge their duties. They may be removed by the President of the Philippines, upon 
notice and hearing, for neglect of duty or malfeasance in Office or for mental or physical 
disability, but for no other cause. 
ARTICLE 
65. 
Sittinq of Court. - The Court of Military Appeals, shall as a 
body, sit en banc, but it may sit in two divisions of three Justices each. The two- (2) 
divisions may sit at the same time. If the Presiding Justice is present in any sessions of 
the court, whether en banc or in division, he shall preside. In his absence, the 
Associate Justice attending who is first in precedence in accordance with Article 63 
shall preside. 
ARTICLE 
66. 
Fillinq of Vacancy in Office Of Presiding Justice. - In case of 
a vacancy in the Office of the Presiding Justice of the Court of Military Appeals, or in the 
event of his inability to perform the duties and functions of his office, they shall devolve 
upon the Associate Justice who is first in precedence, until such disability is removed, or 
another Presiding Justice is appointed and has qualified. This provision and the 
provision of Article 63 shall apply to every Associate Justice who succeeds to the Office 
of the Presiding Justice. 
ARTICLE 
67. Fillinq of Vacancv in Office of Associate Justices - In case of 
vacancy in the Office of any one of the Associate Justices of the Court of Military 
Appeals, or in the event that any one of said Associate Justices is absent, or disabled, 
or incapacitated for any reason, to perform the ditties and powers of his office, the 
President of the Philippines, upon request of the Presiding Justice of the Court of 
Military Appeals and upon recommendation of the Chief Justice of the Supreme Court 
may an Executive Judge of the Regional Trial Court to sit temporarily in the Court of 
Military Appeals, until such disability is removed or the vacancy is permanently filled. 
ARTICLE 
68. 
Rank. Salarv and Benefits of Justices. - The Presiding 
Justice and Associate Justices of the Court of Military Appeals shall have the same rank 
and receive the salary, emoluments, retirement and benefits corresponding to those of 
the Presiding Justice and Associate Justices of the Court of Appeals of the Philippines, 
respectively. 
Code of Militarv Justice 
42 


ARTICLE 
69. 
jurisdiction to review the record in all cases: 
Jurisdiction. - The Court of Military Appeals shall have 
a. 
In which the sentence, as affirmed 
by the Judge 
Advocate 
General, extends to death, confinement for one year or more, dishonorable discharge of 
an enlisted person; 
b. 
In which the sentence involves the dismissal of an officer, cadet, 
probationary second lieutenant; 
c. 
In which the Judge Advocate General has elevated the same to the 
Court of Military Appeals for review; 
d. 
In which after review by the Judge Advocate General a petition is 
filed by the accused with the Court of Military Appeals within sixty (60) days from receipt 
of notice of the review of the Judge Advocate General and upon good cause shown, the 
Court of Military Appeals has granted a review on the case. 
ARTICLE 
70. 
Review of Decision of Judqe Advocate General. - The 
accused may petition the Court of Military Appeals for a review of the decision of the 
Judge Advocate General within sixty (60) days from (a) the date on which the accused 
is notified of such decision or (b) the date on which a copy of the decision of the Judge 
Advocate General, after a copy thereof is served on the appellate counsel of record, if 
any is deposited in the Philippine mails for delivery by first class certified mail to the 
accused or counsel at an address provided by the accused or counsel, or if no such 
address has been provided by the accused or counsel, at the latest address listed for 
the accused in his official service record or that of counsel as appearing in the record. 
The court of Military Appeals shall act upon such petition promptly in accordance with 
the rules of said court. 
ARTICLE 
71. 
Findings and Sentence or Issues to be reviewed. - In any 
case reviewed by it, the Court of Military Appeals may act only with respect to the 
findings and sentence as approved by the convening authority, and as affirmed or set 
aside as inappropriate by the Judge Advocate General. In cases sent by The Judge 
Advocate General to the Court of Military Appeals, the review shall be limited to the 
Code of Military Justice 
43 


issues raised by him. In the review cases granted upon petition of the accused, action 
need be taken only with respect to issues specified in the grant or review. The Court of 
Military Appeals shall review both questions of fact and law, irrespective of the penalty 
involved, especially in cases where the appeal in initiated by the accused: Provided, 
that where the sentence imposed is death or life imprisonment, the petition shall be 
immediately sent to the Supreme Court for review in accordance with Article 74. 
ARTICLE 72. Settincl Aside of Findincls and Sentence and Rulinq. - If the Court 
of Military Appeals sets aside the findings and sentence, it may, except where the 
setting aside is based on lack of sufficient evidence in the record to support the findings, 
order a rehearing. If it sets aside the findings and sentence and does not order a 
rehearing, it shall order that the charges be dismissed. 
ARTICLE 
73. 
Return of Record. - After it has acted on a case, the Court of 
Military Appeals shall return the records of the case to The Judge Advocate General for 
any implementation of the decision of the Court, and unless there is further action to be 
taken by the President or the Secretary of National Defense, The Judge Advocate 
General shall advise the convening authority to take action in accordance with that 
decision. If the Court ordered a rehearing, but the convening authority finds a rehearing 
impracticable the latter may dismiss the charges. 
ARTICLE 
74. 
Petition for Review on Certiorari. - The accused may file 
with the Supreme Court a petition for review on certiorari of a decision of the Court of 
Military Appeals. Such review shall be limited to questions of law which shall be directly 
set forth in the petition and shall be governed by the provisions of the Revised Rules of 
Court prescribing the procedure for appeals from the Court of Appeals to the Supreme 
Court: Provided, that where the sentence imposed is death or life imprisonment, the 
review may be on questions of fact and of law. 
ARTICLE 
75. Place of Session. - The Court of Military Appeals shall hold 
its session in Metropolitan Manila. Whenever the public interest so requires, and upon 
approval of the Presiding Justice, any division may hold its sessions in any other place 
within the Philippines. 
Code of Militarv Justice 
44 


b. 
The Court of Military Appeals may appoint three Deputy Clerks of Court 
who shall have the same qualifications and annual compensations as that of the first 
deputy and second deputy and third deputy clerks of the Court of Appeals. The Court of 
Military Appeals may appoint other officers and employees in such number and with 
such compensations as may be hereafter authorized. 
ARTICLE 
79. 
Department Head Functions of Presiding Justice. 
The 
functions of Department Head for the Court of Military Appeals and its subordinates 
shall be exercised by the Presiding Justice, or in case of his death, absence, or 
disability, by the Associate Justice on duty who holds the senior appointment. 
ARTICLE 
80. 
Administrative Control and Removal of Emplovees. The 
Court of Military Appeals shall have exclusive administrative control of all matters 
affecting the internal operations of the Court. Except as regards the appointment and 
compensation of the private secretaries and assistants to the individual Justices as the 
Court may authorize, all subordinates and employees of the Court of Military Appeals 
shall be governed by the provisions of the Civil Service Law. 
ARTICLE 
81. 
Attendance of Sheriff in Session and Authoritv. - The Sheriff 
of the City or of the province where the Court of Military Appeals may be in session 
shall, in person or by deputy, attend the sessions of the Court of Military Appeals, 
enforce proper decorum in the court room, and preserve good order. To this end, he 
shall carry into effect the rules or order of the Courts made in his behalf, of any Justice 
thereof and shall arrest any person there disturbing the court or violating the peace. 
ARTICLE 
82. 
Service of Processes by Sheriff. Writs, processes, and 
orders of the Court of Military Appeals, or of any Justice thereof shall be served or 
executed by the sheriff of the City or of the province where the Court of Military Appeals 
may be in session, or by any officer having authority to execute the writs, processes, or 
orders of a Regional Trial Court. 
ARTICLE 
83. 
Opinion Book. -When a decision is rendered by the Court of 
Military Appeals, a written opinion or memorandum containing the ground and scope of 
Code of Milifarv Justice 
46 


receives, comforts, or assists the offender in order to hinder or prevent his 
apprehension, trial, or punishment is an accessory after the fact and shall be punished 
as a court martial may direct. 
ARTICLE 
88. 
Conviction of a Lesser Included Offense. - An accused may 
be found guilty of an offense necessarily included in the offense charged or of any 
attempt to commit either the offense charged or an offense necessarily included therein. 
ARTICLE 
89. 
Attempts. - 
a. 
Any person subject to military law who conspires with any person to 
commit an offense punishable by these articles shall be punished as a court-martial 
may direct, unless a penalty is otherwise specifically prescribed therefor. 
b. 
An act done with specific intent to commit an offense under these articles, 
amounting to more than mere preparation and tending, even though failing, to effect its 
commission, is an attempt to commit the offense. 
ARTICLE 
90. 
Conspiracv. - Any person subject to military law who 
conspires with any person to commit an offense punishable under these articles shall, if 
one or more of the conspirators does an act to effect the object of the conspiracy, shall 
be punished as a court-martial may direct. 
ARTICLE 
91. 
Solicitation. - 
a. 
Any person subject to military law who solicits or advises another or others 
to desert in violation of Article 96 or to commit mutiny in violation of Article 105 shall, if 
the offense solicited or advised is committed, be punished for the offenses so 
committed, but if the offense solicited or advised is not committed or is merely 
attempted, he shall be punished as a court-martial may direct. 
b. 
Any person subject to military law who solicit or advises another or others 
to commit an act of misbehavior before the enemy in violation of Article 11 1, or sedition 
in violation of Article 105 shall, if the offense solicited or advised is committed be 
punished for the offense committed, but if the solicited is not committed, he shall be 
punished as a court-martial may direct. 
Code of Militarv Justice 
48 


ARTICLE 
92. 
Fraudulent 
Enlistment, 
Appointment, 
Separation 
or 
Retirement. - Any person who produces his own enlistment or appointment in the 
military service of the Philippines by willfully making false representation or deliberate 
concealment as to his qualification for enlistment or appointment and receives pay or 
allowances thereunder; or procures his own separation or retirement therefrom by 
knowingly making false representation or deliberate concealment as to his eligibility for 
that separation or retirement, shall be punished as a court-martial may direct. 
ARTICLE 
93. 
Unlawful Enlistment, Appointment. Separation or Retirement. 
- Any person subject to military law who, effect an enlistment or appointment in or a 
separation or retirement from the military service of any person known to him to be 
ineligible for that enlistment, appointment, separation or retirement because it is not 
authorized by law, regulation, or order shall be dismissed from the service or suffer such 
other punishment as a court-martial may direct. 
ARTICLE 
94. 
Makina False Returns or Omittinq to Render Returns. - 
a. 
Every officer whose duty is to render to the headquarters of his command 
or unit, to higher headquarters, or to other superior authority a return of the state of the 
troops under his command, or of the arms, ammunition, clothing, funds or other property 
thereunto belonging, who knowingly makes a false return thereof, shall be dismissed 
from the service or suffered such other punishment as a court-martial may direct. 
b. 
Any officer who, through neglect or design, omits to render such return, 
shall be punished as a court-martial may direct. 
ARTICLE 
95. 
Desertion. - 
a. 
Any member of the Armed Forces of the Philippines on active duty who: 
(1) 
without authority, goes or remain absent from his unit, organization, 
or place of duty with intent to remain away therefrom permanently; or 
(2) 
quits his unit, organization, or place of duty with intent to avoid 
hazardous duty or shirk important services, or 
(3) 
without being regularly separated from the Armed Forces of the 
Philippines enlists or accepts an appointment in the Armed forces of another country 
Code of Militam Justice 
49 


without fully disclosing the fact that he has not been regularly separated therefrom 
except when authorized by the Republic of the Philippines, is guilty of desertion. 
b. 
Any officer who, after tendering of his resignation or request for his 
reversion from active duty, and before due notice of its acceptance or approval, quits his 
post or proper duties without leave and with intent to remain away therefrom 
permanently is guilty of desertion. 
c. 
Any person found guilty of desertion or attempt to desert shall be 
punished, if the offense were committed in time of war, by death or such other 
punishment as a court-martial. 
ARTICLE 
96. 
Advisinq. Persuadinq or Assistinq Another to Dessert. - 
Any person subject to military law who advises or persuades, or knowingly assists 
another to desert the services of the Armed Forces of the Philippines shall be punished, 
if the offense is committed in time of war, by life imprisonment. If the offense is 
committed at any other time, the offender shall be punished as a court-martial may 
direct. 
ARTICLE 
97. 
Entertainina a Deserter. - Any officer who, after having 
discovered that a military person in his command is a deserter from the military service, 
retains such deserter in his command without informing superior authority or the 
commanding officer of the organizer shall be punished as a court-martial may direct. 
ARTICLE 
98. 
Absence Without Leave. - Any member of the Armed 
Forces of the Philippines on active duty who, without authority fails to go to his 
appointed place of duty at the time prescribe; goes out of place; absents himself or 
remains absent from his unit, organization, or place of duty at which he is required to be 
at the time prescribed; through neglect or design misses the movement of a ship, 
aircraft, or unit with which he is required in the course of duty to move, shall be 
punished a court-martial may direct. 
ARTICLE 
99. 
Contempt Towards Superior Officer. - Any officer who 
uses contemptuous or disrespectful words against and in the presence of the President, 
the Vice-president, Members of Congress or the Secretary of National Defense shall be 
Code of Militarv Justice 
50 


guilty of direct contempt and may be dismissed from the service or suffer such other 
punishment as a court-martial may direct. However, when the contemptuous or 
disrespectful words against the said government officials mentioned herein are uttered 
in their absence the same shall be considered as indirect contempt and shall be 
punished as a court-martial may direct. 
ARTICLE 
100. Disrespect Towards Superior Officer. - Any person subject 
to military law who behaves with disrespect to any superior officer shall be punished as 
a court-martial may direct. 
ARTICLE 
101. Assaulting or Willfully Disobeyincr a Superior Officer. 
- 
Any person subject to military law who, on any pretense whatsoever: 
a. 
strikes his superior officer or draws or lifts up any weapon or offers any 
violence against him while he is in the execution of his office; or 
b. 
willfully disobeys any lawful command of his superior officer, shall be 
punished, if the offense is committed in time of war, by life imprisonment and if the 
offense is committed at any other time, by such other punishment, as a court-martial 
may direct. 
ARTICLE 
102. Insubordinate Conduct Toward Non-Commissioned Officer. - 
Any soldier who strikes or assaults, or who attempts or threatens to strike or assaults, a 
non-commissioned officer while the latter is in the execution of his office, or treats with 
contempt or is disrespectful in language or deportment toward a non-commissioned 
officer while the latter is in the execution of his office shall be punished as a court- 
martial may direct. 
ARTICLE 
103. Failure to Obey Order or Requlation. - Any person subject 
to military law who violates or fails to obey any lawful general order or regulation; having 
knowledge of any other lawful general order issued by a member of the Armed Forces 
of the Philippines, which is his duty to obey, fails to obey the order; or is derelict in the 
performance of his duties, shall be punished as a court-martial may direct. 
Code of Military Justice 
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ARTICLE 
104. Givina llleaal Order. - Any person subject to military law 
who shall knowingly give illegal order or one in violation of law or regulations to persons 
under his command shall be punished as a court-martial may direct. 
ARTICLE 
105. Mutiny or Sedition. - 
a. 
Any person subject to military law who, with intent to usurp or override 
military authority, refuses, in concert with any other persons, to obey order or otherwise 
do his duty or creates any violence or disturbance shall be liable for mutiny and 
punished by life imprisonment: 
b. 
Any person subject to military law who, intent to cause the overthrow or 
destruction of lawful civil authority creates, in concert with any other person, revolt, 
violence, or other disturbance against that authority shall be liable for sedition and shall 
be punished by life imprisonment; 
c. 
Any person subject to military law, who fails to do his utmost to prevent 
and suppress a mutiny or sedition being committed in his presence, or fails to take all 
reasonable means to inform his superior or commanding officer of a mutiny or sedition 
which he knows or has reason to believe is taking place shall be liable for such failure to 
suppress or report a mutiny or sedition and shall be punished by life imprisonment or 
such other penalty as a court-military may direct: 
d. 
Any person who is found guilty of attempt mutiny, sedition or failure to 
suppress or report a mutiny or sedition shall be punished by life imprisonment or such 
other penalty as a court-martial may direct. 
ARTICLE 
106. Resistance, Breach of Arrest and Escape. - Any person 
subject to military law who breaks his arrest or escapes from confinement, whether 
before or after trial or sentence and before he is set at liberty by proper authority, or 
resists lawful apprehension, shall be dismissed from the service or suffer such other 
punishment as a court-martial may direct. 
ARTICLE 
107. Releasing Prisoner Without Proper Authority. - Any person 
subject to military law who, without proper authority, release any prisoner committed to 
his charge, or who through neglect or design suffers any such prisoner to escape, shall 
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be punished as a court-martial may direct whether or not the prisoner was committed in 
strict compliance with law. 
ARTICLE 
108. Unlawful Detention. - Any person subject to military law 
who, unlawfully apprehends, arrests, or confines any person shall be punished as a 
court-martial may direct. 
ARTICLE 
109. Dereliction of Duty in the Apprehension, Delivew or Custody 
of Militarv Offenders. Answerable to the Civil Authorities. 
- Any commanding officer 
who refuses or willfully neglects, except in time of war, to discharge the duties 
prescribed in Article 9 shall be dismissed from the service or suffer such other 
punishment as a court -martial may direct. 
ARTICLE 
1 I O .  Misbehavior Before the Enemy. - Any person subject 
to military law who, before or in the presence of the enemy, commits any of the 
following, shall be punished by life imprisonment or such other punishment as a court- 
martial may direct. 
b. 
runs away; 
c. 
shamefully abandons, surrenders, or delivers up any command, unit, 
place or military property whish it is his duty to defend; 
d. 
through disobedience, neglect, or intentional misconduct, endangers the 
safety of any such command, unit, place or military property; 
e. 
f. 
g. 
casts away his arms or ammunition; 
quits his place of duty to plunder or pillage; 
causes false alarm in any command, unit or place under control of the 
Armed Forces of the Philippines; 
h. 
willfully fails to do his utmost to encounter, engage, capture, or destroy 
any troops, combatants, vessels, aircraft, or any other thing, which it is his duty to 
encounter, engage, capture, or destroy; 
I. 
does not afford all practical relief and assistance to any troops, 
combatants, vessels, or aircraft of the Armed Forces of the Philippines and/or friendly 
forces when engaged in battle: and 
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j. 
solicits or advises another or others to commit an act of misbehavior 
before the enemy in violation of these Articles. 
ARTICLE 
11 1. Subordinate Compellinq Commander to Surrender. - Any 
person subject to military law who compels or attempts to compel the commander of 
any place, vessel, aircraft, or other military property, or of any body of the Armed Forces 
of the Philippines and/or friendly forces to give it up to an enemy or to abandon it, or 
who delivers or surrenders the colors or flag to an enemy without proper authority, shall 
be punished by life imprisonment or such other punishment as a court-martial may 
direct. 
ARTICLE 
112. Improper Use of Countersinn. - Any person subject to 
military law who, in time of war or serious disturbance of the peace, discloses the parole 
or countersign to any person not entitled. to receive it or who gives to another who is 
entitled to receive and use the parole or countersign, a different parole or countersign 
from that which, to his knowledge, he was authorized and required to give, shall be 
punished by life imprisonment or such other punishment as a court-martial may direct. 
ARTICLE 
113. Violatinn a Safequard. - Any person subject to military law 
who in time of war or serious disturbance of the peace, violates a safeguard shall suffer 
life imprisonment or such other punishment as a court-martial may direct. 
ARTICLE 
114. Captured or Abandoned Property. - 
a. 
All persons subject to military law shall secure all public property taken 
from the enemy for the service of the Republic of the Philippines, and shall give notice 
and turn over to the proper authority without delay all captured or abandoned property in 
their possession, custody or control; 
b. 
Any person subject to military law, who fails to carry out the duties 
prescribed in subsection a; Buys, sells, trades, or in any way deals in or disposes 
captured or abandoned property, whereby he receives or expects any profit, benefit, or 
advantage to himself; or engages in looting or pillaging, shall be punished by fine or 
imprisonment, or both, or by such other punishment as a court-martial may direct. 
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ARTICLE 
115. Aiding the Enemv. 
- 
Any person subject to military law 
who aids, or attempts to aid, the enemy with arms, ammunition, supplies, money or 
other things; or without proper authority, knowingly harbors or protects or gives 
intelligence to, or communicates or corresponds or holds any intercourse with the 
enemy, either directly or indirectly, shall suffer life imprisonment or such punishment as 
a court-martial may direct. 
ARTICLE 
116. Misconduct as Prisoner. - 
Any person subject to military 
who, while in the hands of the enemy for the purpose of securing favorable treatment 
from his captors, acts without proper authority in a manner contrary to law, customs, or 
regulation, to the detriment of others of whatever nationality held by the enemy as 
civilian or military prisoners; or while in a position of authority over such persons 
maltreats them without justifiable cause, shall be punished as a court-martial may direct. 
ARTICLE 
117. SpVL - Any person who, in time of war, is found lurking as 
a spy in or about any place, vessel or aircraft within the control or jurisdiction of the 
Armed Forces of the Philippines; or in or about any shipyard, any manufacturing or 
industrial plant, or any other place or institution engaged in work in aid of the 
prosecution of the war by the republic of the Philippines, or elsewhere, shall be tried by 
a court-martial and upon conviction shall be punished by life imprisonment. 
ARTICLE 
118. False Official Statement. - 
a. 
Any officer who, with intent to deceive, signs any false record, return, 
regulations, orders, or other official document knowing the same to be false, or makes 
any other false official statement knowing the same to be false, shall be dismissed from 
the service or suffer such other punishment as a court-martial may direct. 
b. 
Any other person subject to military law who commits any of the acts 
enumerated in the preceding subsection shall be punished as a court-martial may 
direct. 
ARTICLE 
11 9. 
Military Property - Loss, Damage, Destruction, Wronaful 
Disposition or Sale to the Enemy. 
Any person subject to military law who without 
proper authority, sells or otherwise disposes of, or willfully or through neglect, destroys, 
- 
Code of Militaw Justice 
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or loses or causes damage to, or willfully or through neglect suffers to be lost, spoiled, 
damaged, destroyed, sold or wrongfully disposed of, any military property of the 
Republic of the Philippines, shall make good the loss or damage and suffer or such 
punishment as a court-martial may direct, 
If the military property in the above paragraph is a firearm, ammunition, explosive 
or other military ordnance, and is sold, or caused to be sold, to the enemy, the penalty 
shall be life imprisonment. 
ARTICLE 
120. Property other than Military Property of the Philippines - 
Waste, or Destruction. - Any person subject to military law who willfully or recklessly 
wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property 
other than military property of the Republic of the Philippines shall be punished as a 
court-martial may direct. 
ARTICLE 
121. Improper Hazardina of Military Vehicle, Aircraft or 
Vessel. - 
a. 
Any person subject to military law who willfully and wrongfully hazards or 
suffers to be hazarded any vessel, vehicle or aircraft of the Armed Forces of the 
Philippines shall be dismissed from the service or suffer such other punishment as a 
court-martial may direct. 
b. 
Any person subject to military law who negligently hazards or suffer to be 
hazarded any vehicle, aircraft or vessel of the Armed forces of the Philippines shall be 
punished as a court-martial may direct. 
ARTICLE 
122. Drunken or Reckless Drivina. 
- 
Any person subject to 
military law who operates any vehicle while drunk, or in a reckless or wanton manner, 
shall be punished as court-martial may direct. 
ARTICLE 
123. Drunk on Duty. - Any person subject to military law who is 
found drunk on duty shall, if the offense is committed in time of war, shall be dismissed 
from the service or suffer such other punishment as a court-martial may direct. If the 
offense be committed at any other time, he shall be punished as a court-martial may 
direct. 
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56 


the execution, in whole or in part, of any such sentence, including all uncollected 
forfeitures, except that a death sentence shall not be suspended. 
b. 
The power to suspend a sentence includes the power to restore the 
person affected to duty during such suspension. 
c. 
No sentence approved or confirmed by the President shall be suspended 
by any other authority. 
ARTICLE 
55. 
Lifting of Suspension - 
a. 
Before lifting the suspension of a sentence as approved the officer having 
court-martial jurisdiction over the suspendee shall order a summary hearing on the 
reported violation of the terms of the suspension of sentence. The suspendee shall be 
allowed to submit evidence in support of his request for the continuation of the 
suspension of his sentence. 
b. 
If the officer exercising court-martial jurisdiction lifts the suspension, any 
unexecuted part of the sentence, except dismissal, shall be executed, subject to 
applicable restrictions in Article 57 (c). The lifting of the suspension of dismissal is not 
effective until approved by the President. 
c. 
The suspension of any other sentence may be lifted by any authority 
competent to convene a court-martial for the command in which the accused is serving 
or assigned. 
ARTICLE 
56. 
Petition for a New Trial. - At any time within two (2) years 
after approval by the convening authority of a court-martial sentence but before its 
execution the accused may petition the Judge Advocate General for a flew trial on the 
grounds of newly discovered evidence or fraud on the court. If the case of the accused 
is pending before the Court of Military Appeals, the Judge Advocate General shall refer 
the petition to said court. Otherwise the Judge Advocate General shall act upon the 
petition. With regard to cases involving offenses committed during time of war, the 
application for new trial may be made within one (1) year after the termination of the war 
as proclaimed by the President or by a joint resolution of, Congress, or within two (2) 
years after approval by the convening authority of the sentence, as herein provided, 
Code of Militarv Justice 
37 


the judgment of the court shall be filed with the Clerk of the Court and shall be by him 
recorded in an Opinion Book. 
ARTICLE 
84. 
Appellate Counsel. - 
a. 
The Judge Advocate General shall detail one or more commissioned 
officers as appellate government counsel and one or more commissioned officers as 
appellate defense counsels who are qualified under Article 17. 
b. 
The Appellate Government Counsel shall represent the Republic of the 
Philippines before the Court of Military Appeals when directed to do so by The Judge 
Advocate General. He shall also represent the Republic of the Philippines before the 
Supreme Court of the Philippines when requested to do so by the Solicitor General. 
c. 
The Appellate Defense Counsel shall represent the accused before the 
Court of Military Appeals or the Supreme Court of the Philippines when the accused is a 
party in the case before such court and (1) the accused requests to be represented by 
the Appellate Defense Counsel; and 2) The Judge Advocate General has sent the case 
to the Court of Military Appeals. The accused is a party in the case when named as a 
party in the pleadings before the Court or, even not so named, when the military judge 
or any member of the court-martial is named as respondent in a petition by the 
Government for any extra ordinary relief. 
TITLE X - PUNITIVE ARTICLES 
ARTICLE 
85. 
Principal. -Any person subject to military law who: 
a. 
commits an offense punishable by these Articles or aids, abets, counsels, 
commands, or procures its commission; or 
b. 
Causes an act to be done, which if directly performed by him would be 
punished under this article as a principal. 
ARTICLE 
86. 
Accomplice. - Any person subject to military law who, not 
being included in Article 85, in the execution of the offense by previous or simultaneous 
acts would be punished under these articles as an accomplice. 
ARTICLE 
87. 
Accessory After the Fact. - Any person subject to military 
law who, knowing that an offense punishable by these articles has been committed, 
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ARTICLE 
76. 
Quorum and Vote for Pronouncement of JudQement. - Five 
Justices of the Court of Military Appeals shall constitute a quorum for its sessions en 
banc, and three (3) Justices shall constitute a quorum for the sessions of a division, In 
the absence of a quorum, the Court or the division shall stand ipso facto adjourned until 
such time as the requisite number shall be present, and a memorandum showing this 
fact shall be entered by the clerk in the minutes of the Court. The affirmative vote of five 
Justices is necessary to pass a resolution of the Court en banc. The unanimous vote of 
the three Justices of a division shall be necessary for the pronouncement of a 
judgement. In the event that the three (3) Justices do not reach a unanimous vote, the 
Presiding Justice shall designate two (2) Justices from among the other Justices of the 
court to sit temporarily with them, forming a division of five (5) Justices and the 
concurrence of a majority of such division shall be necessary for tie pronouncement of a 
judgment. 
ARTICLE 
77. 
Power to Promulqate Rules. - The Court of Military Appeals, 
sitting en banc, shall promulgate its own rules to govern the procedure in the court and 
the allotment of cases between the divisions, the regular rotation of Justices between 
them, and other matters relating to the business of the Court; and these rules shall 
continue in force until repealed or altered by it. 
ARTICLE 
78. 
Appointment, Qualifications and Compensation of Clerks of 
Court, and Compensation of other Officers and Employees. - 
a. 
The Court of Military Appeals shall appoint a clerk of court, who shall 
exercise the same powers and perform the same duties in regard to all matters within its 
jurisdiction, as are exercised and performed by the clerk of the Supreme Court of the 
Philippines, insofar as the same may be applicable; and in the exercise of those powers 
and in the performance of those duties, the clerk shall be under the direction of the 
Court. No person may be appointed clerk of the Court of Military Appeals unless he has 
been engaged for five (5) years or more in the practice of law, or has been clerk or 
deputy clerk of a court of record for the same period of time. The clerk of Court shall 
receive the same annual compensation as of that of the Court of Appeals. 
Code of Military Justice 
45 


ARTICLE 
124. Misbehavior of Sentinel. - Any sentinel or lookout who is 
found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall 
be punished, if the offense is committed in time of war, by life imprisonment or such 
other punishment, as a court-martial may direct. If the offense is committed at any other 
time, the offender shall be punished as a court-martial may direct. 
ARTICLE 
125. Personal Interest in Sale of Provision. 
- 
Any officer 
commanding any garrison, fort, barracks, camp or other place where troops of the 
Republic of the Philippines may be serving who, for his private advantage, levies any 
duty or imposition upon or is interested, directly or indirectly, in the sale of any victuals 
or other necessaries of life brought into such garrison, fort, barracks, camp or place for 
the use of troops, shall be dismissed from the service and suffer such other punishment 
as a court-martial may direct. 
ARTICLE 
126. Intimidation of Person Bringinq Provisions. - Any person 
subject to military law who abuses, intimidates, does violence to, or wrongfully interferes 
with any person bringing provisions, supplies or other necessaries to the garrison, fort, 
barracks, camp or other place where troops of the Republic of the Philippines may be 
serving, shall suffer such punishment as a court-martial may direct. 
ARTICLE 
127. Duelinq. - Any person subject to military law who fights or 
promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of 
a challenge sent or about to be sent, 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; and if any other person subject to military law, 
shall suffer such punishment as a court-martial may direct. 
ARTICLE 
128. Malinqerina - Any person subject to military law who, for 
the purpose of avoiding work, duty or service, feigns illness, physical disablement, 
mental lapse or derangement; or intentionally inflicts self-injury, shall be punished as a 
court-martial may direct. 
ARTICLE 
129. Good Order to be Maintained and Wronqs Redressed. 
- 
All persons subject to military law are to behave themselves orderly in quarters, 
Code of Militarv Justice 
57 


garrison, camp and on the march; and any person subject to military law who commits 
any waste or spoiling, or willfully destroys any property whatsoever (unless by order of 
his commanding officer), or commits any kind of depredation or riot, or breach of the 
peace, shall be punished as a court-martial may direct. Any commanding officer who, 
upon complaint made to him, refuses or omits to see reparation made to the party 
injured, in so far as the offender's pay shall go toward such reparation as provided for in 
Article 142, shall be dismissed from the service, or otherwise punished as a court- 
martial may direct. 
ARTICLE 
130. Provokina Speeches or Gestures. - Any person subject to 
military law who uses any provoking or reproachful words or gestures toward any other 
person subject to military law shall be punished as a court-martial may direct. 
ARTICLE 
131. Command Responsibilitv. - 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 when warranted by 
the evidence, or otherwise aids or abets the wrongdoing of a subordinate, shall be 
subject to action under Article I I  or punished as a court-martial may direct. 
ARTICLE 
132. Unlawfullv lnfluencinq Action of Court. - 
a. 
Any authority convening a court-martial or any other commanding officer 
who shall censure, reprimand, or admonish the court or any member thereof, with 
respect to the findings or sentence adjudged by the court-martial or with respect to any 
other exercise of its or his functions in the conduct of the proceeding, shall be punished 
as a court-martial may direct. 
b. 
Any person subject to military law who shall attempt to coerce, harass or, 
by any means, unlawfully influence the action of a court-martial or any other member 
thereof, in reaching the findings or sentence or conclusions in any case, or the action of 
any convening, approving, reviewing, authority with respect to its or his judicial acts, 
shall be punished as a court-martial may direct. 
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ARTICLE 
133. Murder or Rape in Time of War. - 
Any person subject to 
military law who commits murder or rape as defined in the Revised Penal Code in time 
of war shall suffer life imprisonment as a court-martial may direct. 
ARTICLE 
134. Various Crimes. - 
Members of the Armed Forces of the 
Philippines and other persons subject to military law who commit crimes or offenses 
penalized under the Revised Penal Code, other penal laws or local government 
ordinances, regardless of whether or not civilians are co-accused or offended parties, 
which may be natural or juridical persons, shall be tried by the proper civil court, except 
when the offense, as determined before arraignment by the Judge Advocate General, is 
service connected, in which case, the offense shall be tried by a court-martial. Violations 
of Articles 91 to 134 and Articles 136 to 138, commonly known as purely military 
offenses, shall be exclusively tried by court-martial. 
ARTICLE 
135. Frauds Against the Government. - Any person subject to 
military law who commits any of the following acts shall, upon conviction, be punished 
by fine or imprisonment, or by such other punishment as a court-martial may direct, or 
by any or all of said penalties. 
a. 
Makes or causes to be presented to any person in the civil or military 
service thereof, for approval or payment any claim against the Government, or any 
officer thereof, knowing such claim to be false or fraudulent; 
b. 
Enters into any agreement or conspiracy to defraud the Government by 
obtaining, or aiding others to obtain the allowance or payment of any false or fraudulent 
claim; 
c. 
For the purpose of obtaining, or aiding others to obtain the approval, 
allowance, or payment of any claim, against the Government or any officer thereof, 
knowing such claim to be false or fraudulent; 
d. 
For the purpose of obtaining or aiding others to obtain, the approval, 
allowance, or payment of any claim against the Government or any officer thereof, 
makes or procures, or advises the making of, any fact or to any writing or other paper 
knowing such oath to be false; 
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e. 
For the purpose of obtaining or aiding others to obtain, the approval, 
allowance, or payment of any claim against the Government or any officer thereof, 
forges or counterfeits, or procures or advises the forging or counterfeiting of any 
signature upon any writing or other paper, or uses, or procures or advises the use of 
any such signature, knowing the same to be forged or counterfeited; 
f. 
Having charge, possession, or control of any money or other property of 
the Government furnished or intended for the military service thereof, knowingly 
delivers, or causes to be delivered, to any person having authority to receive the same, 
any amount thereof less than for which he receives a certificate or receipt; 
g. 
Being authorized to make or deliver any paper certifying the receipt of any 
property of the government furnished or intended for the military service thereof, makes 
or delivers to any person such writing, without having full knowledge of the truth of the 
statements therein contained and with intent to defraud the Government; 
h. 
Steals, embezzles, knowingly and willfully misappropriates, applies to his 
own use or benefit or wrongfully or knowingly sells or disposes of any ordinance, arms, 
equipment, ammunition, clothing, subsistence stores, money, or other property of the 
Government furnished or intended for the military service thereof; 
I. 
Knowingly purchases or receives in pledge for any obligation or 
indebtedness from any soldier, officer, or other person who is part of or employed in the 
Armed Forces of the Philippines, any ordinance, arms, equipment, ammunition, 
clothing, subsistence stores, or other property of the government, such soldier, officer, 
or other person not having lawful right to sell or pledge the same; and 
k. 
Enters into any agreement or conspires to commit any of the offenses 
aforesaid. 
ARTICLE 
136. Conduct Unbecoming of an Officer and a Gentlemen. -Any 
officer, cadet, or probationary second lieutenant who is convicted of conduct 
unbecoming of an officer and a gentleman shall be dismissed from the service. 
ARTICLE 
137. General Article. - Though not specifically mentioned in 
these articles, all disorders and neglects to the prejudice of good order and military 
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60 


discipline and all conduct of a nature to bring discredit upon the Armed Forces of the 
Philippines and crimes and offenses not capital which persons subject to military law 
may commit, shall be punished as a court-martial may direct taking into consideration 
the nature and degree of the offense. 
TITLE XI - MISCELLANEOUS PROVISIONS 
ARTICLE 
138. Article to Administer Oaths. 
- 
The following officers on 
active duty in the Armed Forces of the Philippines shall have authority to administer 
oaths for the purposes of military justice and for other purposes of military 
administrations: 
a. 
b. 
All judge advocates and legal officers: 
The president, members, military judge, trial judge advocate, and assistant 
trial judge advocate of court-martial; 
c. 
d. 
e. 
f. 
g. 
All administrative officers; and 
h. 
All officers designated by regulations of the Armed Forces of the 
The president or chairman of a military board; 
All officers designated to take a deposition; 
All officers detailed to conduct an investigation; 
All adjutants and assistant adjutants; and 
Philippines and by statute. 
ARTICLE 
139. Articles to be Explained. - Articles 3, 4, 6, 11, 15, 17, 21, 
27, 44, 85 to 138 and 140 to 142 shall be carefully read and explained to soldiers at the 
time of his enlistment, reenlistment or entrance on active duty, or within six (6) days 
thereafter, and shall be read and explained once every six (6) months to soldiers of 
every garrison, regiment, or company in the service of the Philippines. 
ARTICLE 
140. Complaints of Wronqs. 
- 
Any member of the Armed 
Forces of the Philippines on active duty who believes himself wronged by his 
commanding officer, and who upon due application to that commanding officer, is 
refused redress, may complain to any superior commissioned officer, who shall forward 
the complaint to the officer exercising court-martial jurisdiction over the officer against 
Code of Mi/itaw Justice 
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whom it is made. The officer exercising court-martial jurisdiction shall examine the 
complaint and take proper measures for redressing the wrong complained of, and he 
shall, as soon as possible, send to the Chief of Staff of the Armed Forces of the 
Philippines a true statement of that complaint, with the proceedings had thereon. 
ARTICLE 
141. Redress of Damaae to Property. - 
a. 
Whenever complaint is made to any commanding officer that a damage 
has been done to the property of any person or that of his property has been wrongfully 
taken by persons subject to military law, he may, subject to such regulations as the 
President may prescribe, convene a board to investigate the complaint. The board shall 
consist of from one to three officers and, for the purpose of that investigation it shall 
have the power to summon witnesses and examine them upon oath and affirmation, to 
receive deposition or other documentary evidence, and to assess damages sustained 
against the responsible parties. The assessment of damages made by such board is 
subject to the approval of the commanding officer in the amount approved by him and 
shall be charged against the pay of the offenders. The order of the commanding officer 
directing the charges herein authorize is conclusive on any disbursing officer for the 
payment by him to the injured parties of the damages so assessed and approved. 
b. 
If the offenders cannot be ascertained, but the organization or detachment 
to which they belong is known, charges totaling the amount of damages assessed and 
approved may be made in such proportion as may be deemed just upon the individual 
members thereof who are shown to have been present at the scene at the time the 
damages complained of were inflicted as determined by the approved findings of the 
board. 
ARTICLE 
142. Officers, Separation from the Service. - No officer shall be 
dismissed from the service except by order of the President or by sentence of a court- 
martial; and in time of peace, no officers shall be dismissed except in pursuance of the 
sentence of a court-martial or in mitigation thereof; but the President may at any time 
drop from the rolls of the Armed Forces of the Philippines, any officer who had been 
absent from duty without leave for at least three months or who had been absent in 
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62 


confinement in a prison or penitentiary for at least three months after conviction by a 
court of competent jurisdiction. 
ARTICLE 
143. Soldiers - Separation from the Service. 
- 
No enlisted 
personnel in the military service of the Armed Forces of the Philippines shall be 
discharged from said service before his term of service has expired, except by order of 
the president, the Chief of Staff, and the commanders of the Major Services or by 
sentence of a court-martial. The authority of the President, the Chief of Staff and 
Commanders of the Major Services to order the discharge of an enlisted personnel may 
be delegated by administrative regulation. 
ARTICLE 
144. Constitutionalitv. - If for any reasons or reason, any part of 
this Act shall be held to be unconstitutional or invalid, other parts hereof which are not 
affected thereby shall continue to be in full force and effect. 
ARTICLE 
145. Transitorv Provisions. - 
All offenses committed and all 
penalties, forfeitures, fines or liabilities incurred prior to the effective date of this Act 
under any law embraced in or modified, changed or repealed by this Act shall be 
prosecuted, punished, and enforced, and action thereon completed, in the same 
manner and with the same effect as if this Act had not been passed. However, if the 
penal provisions for an offense under this Act are more favorable or less severe to the 
offender than those in force at the time the offense was committed, and such offense is 
pending prosecution at the time the corresponding provisions of this Act take effect, or 
is prosecuted after such provisions take effect, the more favorable or less severe 
provisions of this Act shall apply in the prosecution and punishment of that offense. 
ARTICLE 
146. Applicabilitv. 
- 
Provisions of this Act which attach a 
penalty or deprivation of rights to acts or omissions which were not so penalized by the 
former laws, are not applicable to those who, when said laws were in force, may have 
executed the act or incurred the omission forbidden or condemned by this Act. 
However, if a continuing repeated act or omission shall have commenced before the 
date this Act comes into effect and the same subsists, is maintained or repeated after 
the applicable provisions of this Act have become operative, the sanction or penalty 
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prescribed in this Act shall be applied, even though the previous laws may not have 
provided any sanction or penalty therefor. 
ARTICLE 
147. Repealing Clause. 
- 
All laws, presidential decrees, 
issuances, executive orders, rules and regulations or parts thereof inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. Subject to the 
provisions of Article 147, any substantive rights or liabilities existing under such laws or 
parts thereof prior to the effective date of this Act shall not be affected by this repeal and 
this Act shall not be effective to authorize the trial or punishment for any crime or 
offense barred by the provisions of existing law. 
ARTICLE 
148. Appropriation of Funds. - For the purpose of this Act, an 
initial amount of fifty million pesos or so much thereof as may be necessary is hereby 
appropriated out of any funds in the National Treasury not otherwise appropriated to 
cover the salaries of the Presiding Justice and five Associate Justices, the clerk of court 
and deputy clerks of court, other officers and employees, and other expenses of the 
Court of Military Appeals, and thereafter, the aforesaid amount or so much thereof as 
may be necessary will be included in the Annual General Appropriations Act. 
ARTICLE 
149. Effectivitv. - 
This Act shall take effect fifteen (15) days 
after its publication in two (2) newspapers of general circulation. The publication shall 
not be later than seven (7) days after the approval thereof. 
Approved. 
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