• 
SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
"'14 
MAY -5 PS :07 
SENATE 
Senate Bill No. 22 0 1 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 
EXPLANATORY NOTE 
In September 1938, Commonwealth Act No. 408, as amended, was the 
first military law enacted by the National Assembly of the Philippines. Executive 
Order No. 178 which was promulgated in December 17, 1938, prescribes 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. 
The Constitution, specifically Article III, 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: 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. 
OY EJERCITO ESTRADA 
Senator 
• 
• 


TABLE OF CONTENTS 
TITLE I. GENERAL PROVISIONS 
ARTICLE 1. Applicability 
ARTICLE 2. Definition ofTerms 
ARTICLE 3. Persons Subject to Military Law 
ARTICLE 4. Jurisdiction to Try Certain Personnel 
ARTICLE 5. Judge Advocates and Legal Officers 
TITLE II. APPREHENSION, ARREST AND CONFINEMENT 
ARTICLE 6. Apprehension 
ARTICLE 7. Apprehension of Deserters by Civil Authorities 
ARTICLE 8. Arrest and Confinement 
ARTICLE 9. Arrest or Confinement of Persons Charged with Offenses 
ARTICLE 10. Confinement with Enemy Prisoner Prohibited 
TITLE III. NON-JUDICIAL PUNISHMENT 
ARTICLE 11. Disciplinary Powers of Commanding 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 Judge of Court-Martial 
ARTICLE 17. Detail of Trial Judge Advocate and Defense Counsel 
ARTICLE 18. Detail or Employment of Reporters. Interpreters and Bailiffs 
ARTICLE 19. Absent and Additional Member 
TITLE V. PRE-TRIAL PROCEDURE 
ARTICLE 20. Challenges 
ARTICLE 21. Compulsory Self-Incrimination Prohibited 
ARTICLE 22. Forwarding of Charges 
ARTICLE 23. Pre-Trial Investigation 
ARTICLE 24. Advice of Staff. Judge Advocate and Reference for Trial 
ARTICLE 25. Service of Charges 
TITLE VI. TRIAL PROCEDURE 
ARTICLE 26. President May Prescribe Rules 
ARTICLE 27. Duties of Trial Judge Advocate and Defense Counsel 
ARTICLE 28. Closed Sessions 
ARTICLE 29. Continuances 
ARTICLE 30. Challenges 
ARTICLE 31. Oaths 
ARTICLE 32'. As toTime 
ARTICLE 33. Former Jeopardy 
ARTICLE 34. Pleas of the Accused 
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. Voting and Rulings 
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 Authority 
ARTICLE 50. Powers Incident to Power to Approve 
ARTICLE 51, Reconsideration and Revision 
ARTICLE 52. Rehearing 
ARTICLE 53. Review By the Judge Advocate or Legal Officer 
ARTICLE 54. Suspension of Sentence 
ARTICLE 55. Lifting of Suspension 
ARTICLE 56. Petition for a New Trial 
ARTICLE 57. Mitigation or Remission of Sentence 
ARTICLE 58. Restoration 
ARTICLE 59. Finality of Proceedings. Findings and Sentence 
ARTICLE 60. Execution of Sentence 
ARTICLE 61. Review by 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. Sitting of Court 
ARTICLE 66. Filling of Vacancy in Office of Presiding Justice 
ARTICLE 67. Filling of Vacancy in Office of Associate Justices 
ARTICLE 68. Rank. Salary and Benefits of Justices 
ARTICLE 69. Jurisdiction 
ARTICLE 70. Review of Decision of Judge Advocate General 
ARTICLE 71. Findings and Sentence or Issues to be Reviewed 
ARTICLE 72. Setting Aside of Findings 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 Judgment. 
ARTICLE 77. Power to PromUlgate Rules 
ARTICLE 78. Appointment, Qualifications and Compensation of Clerks of Court, 
and compensation of other Officers and Employees 
ARTICLE 79. Department Head Functions of Presiding Justice 
ARTICLE 80. Administrative Control and Removal of Employees 
ARTICLE 81. Attendance of Sheriff in Session and Authority 
ARTICLE 82. Service of Processes by 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 Assisting Another to Desert 
ARTICLE 97. Entertaining a Deserter 
ARTICLE 98. Absence Without Leave 
ARTICLE 99. Contempt Towards Superior Officer 
ARTICLE 100. Disrespect Towards ·Superior Officer 
ARTICLE 101. Assaulting or Willfully Disobeying a Superior Officer 
ARTICLE 102. Insubordinate Conduct Toward Non-Commissioned Officer 
ARTICLE 103. Failure to Obey Order or Regulation 
ARTICLE 104. Giving Illegal Order 
ARTICLE 105. Mutiny or Sedition 
ARTICLE 106. Resistance, Breach of Arrest and Escape 
ARTICLE 107. Releasing Prisoner Without Proper Authority 
ARTICLE 108. Unlawful Detention 
ARTICLE 109. Dereliction of Duty in the Apprehension, Delivery or Custody of 
ARTICLE 110. Misbehavior Before the Enemy 
ARTICLE 111. Subordinate Compelling Commander to Surrender 
ARTICLE 112. Improper Use of Countersign 
ARTICLE 113. Violating a Safeguard 
ARTICLE 114. Captured or Abandoned Property 
ARTICLE 115. Aiding the Enemy. 
ARTICLE 116. Misconduct as Prisoner 
ARTICLE 117 . Spy 
ARTICLE 118. False Official Statement 
ARTICLE 11 9. Military Property - Loss, Damage, Destruction or Wrongful 
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 Hazarding of Military Vehicle, Aircraft or Vessel 
ARTICLE 122. Drunken or Reckless Driving 
ARTICLE 123. Drunk on Duty 
ARTICLE 124. Misbehavior of Sentinel 
ARTICLE 125. Personal Interest in Sale of Provision 
ARTICLE 126. Intimidation of Person Bringing Provisions 
ARTICLE 127. Dueling 
ARTICLE 128. Malingering 
ARTICLE 129. Good Order to be Maintained and Wrongs Redressed 
ARTICLE 130. Provoking Speeches or Gestures 
ARTICLE 131. Command Responsibility 
ARTICLE 132. Unlawfully Influencing Action of Court 
ARTICLE 133. Murder or Rape in Time of War 
ARTICLE 134. Various Crimes 
ARTICLE 135. Frauds Against the Government 
• 
• 


ARTICLE 136. Conduct Unbecoming 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 Wrongs 
ARTICLE 141. Redress of Damage to Property 
ARTICLE 142. Officers, Separation from the Service 
ARTICLE 143. Soldiers, Separation from the Service 
ARTICLE 144. Constitutionality 
ARTICLE 145. Transitory Provisions 
ARTICLE 146. Applicability 
ARTICLE 147. Repealing Clause 
ARTICLE 148. Appropriating of Funds 
ARTICLE 149. Effectivity 
• 


SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 2 2 0 1 
'14 
MAY -5 P5 :07 
RECEIVED Ill: .. r 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 Armeq 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 relirement 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 
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. "Commanding Officer" refers to commissioned officers only. 
f. "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. "Soldier" means a person in enlisted grade, trainees, draftees or 
candidate soldiers. 
I. "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. 
o. "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. 
ARTICLE 3. Persons Subject to Military Law. The following persons 
shall be understood as included in the term "any person subject to military law", 
whenever used in these articles: 
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. Cadets and probationary second lieutenants or its equivalent in the 
navy. 
• 


c. Prisoners of war in the custody ofthe Armed Forces of the Philippines. 
d. 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 Try Certain Personnel. -
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. Judge Advocates and Legal 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. 
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 II - APPREHENSION, ARREST AND CONFINEMENT 
ARTICLE 6. Apprehension. 
a. Apprehension is the taking of a person into custody. 
b. 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 tne Armed Forces of the Philippines and 
deliver him into the custody of the authorities concerned. 
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. 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) he will engage in serious criminal misconduct; or 
(3) 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; 
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) he will engage in serious criminal misconduct: or 
(3) unless severe forms of restraint are inadequate: 
Provided, however, that whenever an accused has undergone pre-trial 
restraint for a period equal to or more than the imposable miniml!m 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. 
. 
ARTICLE 10. Confinement with Enemy Prisoner Prohibited. - No 
member of the Armed Forces of the Philippinel:) shall be placed in confinement in 
immediate association with enemy prisoners or other foreign nationals. 
TITLE III - NON-JUDICIAL PUNISHMENT 
ARTICLE 11. Disciplinary 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 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; 
(1) Upon Officers of his Command-
(a) 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) Arrest in quarters for not more than fifteen consecutive days; 
(d) 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 
. 
(f) Deprivation of liberty on shore not exceeding thirty days for those 
attached or embarked in a commissioned vessel of the Philippine Navy; 
(g) 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; 
(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) Withholding of privilege for not more than thirty consecutive days; 
(b) Restriction to certain specified limits, with or without suspension from 
duty, for not more than thirty consecutive days; 
(c) Arrest in quarters for not more than fifteen consecutive days 
(d) Forfeiture of not more than one-half of one month's base pay; 
(e) With respect to those attached to or embarked in a commissioned per 
month for three months; 
• 
• 


(f) Detention or withholding of not more than one month's base pay per 
month for six months; 
days; 
days; 
(i) Deprivation of liberty on shore not exceeding thirty consecutive 
days; 
(ii) Confinement on diminished rations for not more than three 
consecutive days; 
(g) Confinement not under guard for not more than fifteen consecutive 
(h) Hard labor without confinement for not more than fifteen consecutive 
(i) Extra duties, including fatigue or other duties, for not more than fifteen 
consecutive days; 
(j) Correctional custody for not more than fifteen consecutive days; 
(k) 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 
(I) If imposed by an officer in the grade of Lieutenant Colonel or 
Commander: 
(i) Withholding of privileges 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 one half of one month's base pay per 
month for two months; 
(v) Detention or withholding of not more than one month's base pay 
per month for six months; 
(vi) 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 morethan'three consecutive days; 
(vii) Confinement not under guard for not more than thirty 
consecutive days; 
(viii) Hard labor without confinement for not more than thirty 
consecutive days; 
: 
(xi) Extra duties, including fatigue or other duties, for not more than 
fifteen consecutive days; 
(x) Correctional custody for not more than thirty consecutive days; 
• 
• 


(xi) 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. 
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 enforcemeAt 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 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. Under 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 may 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 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. Who may Serve in A Court-Martial. - The following may 
serve in a court-martial: 
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 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. Military Judge 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 Ju~ge 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. Detail of Trial Judge Advocate and Defense Counsel. -
a. 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 counselor 
assistant defense counsel in the same case. No person 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 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 prisoner/accused 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. Challenges. - 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. Compulsory 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. 
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. Forwarding of Charges. -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. 
. 
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 pretrial investigation: Provided, however, that the total period of 
extension that may be granted shall not exceed ten (10) days. 
ARTICLE 24. Advice of Staff, Judge 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 aLithority 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 Charges - 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 
ARTICLE 26. President May 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 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 27. Duties of Trial Judge Advocate and Defense Counsel. -
a. 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 a.ccused 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. 
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. Challenges. - 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 
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, aft~r 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. 
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. 
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 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 36. 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. 
d. 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. Voting and Rulings. - . 
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 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: 
1) 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. No person shall be convicted: 
1) 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; 
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. No person may be sentenced to: 
1) 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. 
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 VII -SENTENCE 
ARTICLE 43. Excessive Fines. Cruel and Unusual Punishment 
Prohibited. 
. 
• 
• 


a. Excessive fines shall not-be imposed by any court-martial. 
b. Cruel and unusual punishment of every kind is prohibited. 
c. 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. -
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, anyone 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. 
. 
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 VIII - REVIEW OF COURT -MARTIAL PROCEEDING 
ARTICLE 47. Effect of Irregularities. 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 Convening Authority. -
• 


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. 
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; 
c. The power to remand a case for rehearing under Article 52. 
ARTICLE 51. Reconsideration aqd Revision. -
a. 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 ~ 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 
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. 
ARTICLE 53. Review by the Judge Advocate or Legal Officer. -
a. 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 pe(son of the accused and each 
offense; 
b) each charge and specification stated an offense; and 
c) the sentence was within the limits prescribed by law; 
2) A response to each allegation of error made in writing by Article 27c 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 and/or sentence, in whole or in part; 
2) remit, commute, or suspend the sentence in whole or in part; 
3) 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 anyone case. 
ARTICLE 55. 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 maybe 
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 56. 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 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 
reappointed 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 57. Finality of Proceedings. Findings 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 
and the authority of the President. 
ARTICLE 58. Execution of Sentence. -
a. If the sentence of a court-martial includes death, that part of the 
sentence providing for death shall not b~ executed until the same is transmitted 
to tile President 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 sentfilnce, 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 59. Review by the Judge 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: 
1) 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 
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 60. Creation, Appointment and Qualifications of Justices. -
There is hereby created a Court or Military Appeals which Shall <;:onsist 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 (10) 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 61. 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 62. 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 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 63. Sitting 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 64. Filling 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 65. Filling of Vacancy in Office of Associate Justices - In 
case of vacancy in the Office of anyone of the Associate Justices of the Court of 
Military Appeals, or in the event that anyone 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 mayan Executive Judge of the Regional 
Trial Court to sit temporarily in the Court of Militqry Appeals, until such disability 
is removed or the vacancy is permanently filled. . 
ARTICLE 66. Rank. Salary 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. 
ARTICLE 67. Jurisdiction. - The Court of Military Appeals shall have 
jurisdiction to review the record in all cases: 
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 68. Review of Decision of Judge 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 69. 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 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 shaH be immediately sent to 
the Supreme Court for review in accordance with Article 74. 
ARTICLE 70. Setting Aside of Findings and Sentence and Ruling. - 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 71. 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 72. 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 73. 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. 
b. The Court of Military Appeals may appoint three Deputy Clerks of Court 
who shall have the same qualifications arid 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 74. 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 75. Administrative Control and Removal of Employees. 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 76. Attendance of Sheriff in Session and Authority. - 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 77. 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 78. Opinion Book. -When a decision is rendered by the Court 
of Military Appeals, a written opinion or memorandum containing the ground and 
scope of 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 79. 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 80. 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 81. Conspiracy. - 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 82. 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 III, 
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. 
ARTICLE 83. 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 payor 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 84. 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 ineligibleJor 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 85. Making False Returns or Omitting 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 86. 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 tI'l9 Armed forces of another 
country 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 87. Advising, Persuading or Assisting 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 88. Entertaining 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 89. 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 90. 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 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 91. Disrespect Towards Superior Officer. - Any person 
subject to miiitary law who behaves with disrespect to any superior officer shall 
be punished as a court-martial may direct. 
ARTICLE 92. Assaulting or Willfully Disobeying a Superior Officer. -
Any person subject to miiitary 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 93. Insubordinate Conduct Towards 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 94. Failure to Obey Order or Regulation. - 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. 
. 
ARTICLE 95. Giving Illegal 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 96. 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 tnutiny, 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 97. 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 98. 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 be punished as a court-martial may direct whether or 
not the prisoner was committed in strict compliance with law. 
ARTICLE 99. 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 100. Dereliction of Duty in the Apprehension, Delivery or 
Custody of Military 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 101. 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. 
a. runs away; 
b. shamefully abandons, surrenders, or delivers up any command, unit, 
place or military property which it is his duty to defend; 
• 
• 
., 


c. through disobedience, neglect, or intentional misconduc( endangers the 
safety of any such command, unit, place or military property; 
d. casts away his arms or ammunition; 
e. quits his place of duty to plunder or pillage; 
f. causes false alarm in any command, unit or place under control of the 
Armed Forces of the Philippines; 
g. 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; 
h. 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 
i. solicits or advises another or others to commit an act of misbehavior 
before the enemy in violation of these Articles. 
ARTICLE 102. Subordinate Compelling 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 103. Improper Use of Countersign. - 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 104. Violating a Safeguard. - 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 105. 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 poth, or by such other punishment as a 
court-martial may direct. 
ARTICLE 106. Aiding the Enemy. - 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 107. 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 10S. Spy - 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 109. 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 110. Military Property • 
L~ss, Damage, Destruction, 
Wrongful 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, 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 111. 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 112. Improper Hazarding 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 113. Drunken or Reckless Driving. - 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 114. 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. 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 115. 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 116. 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, 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 117. 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 118. 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 119. 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 120. Accessory After the Fact. - Any person subject to military 
law who, knowing that an offense punishable by these articles has been 
committed, 
• 
• 


ARTICLE 121. Quorum and Vote for Pronouncement of Judgment. -
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 banco The unanimous vote of the three Justices 
of a division shall be necessary for the pronouncement of a judgment. 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 122. Power to Promulgate 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 123. 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 perfqrm 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. 
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' Bringing 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. Dueling. - 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. Malingering - 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 Wrongs Redressed. -
All persons subject to military law are to behave themselves orderly in quarters, 
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. Provoking 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 Responsibility. - 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 II or punished as a court-
martial may direct. 
ARTICLE 132. Unlawfully Influencing 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. 
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 ~ny 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; 
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 tocthe prejudice of good order and 
military 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. All judge advocates and legal officers: 
b. The president, members, military judge, trial judge advocate, and 
assistant trial judge advocate of court-martial; 
c. The president or chairman of a military board; 
d. All officers designated to take a deposition; 
e. All officers detailed to conduct an investigation; 
f. All adjutants and assistant adjutants; and 
g. All administrative officers; and 
• 


h. All officers designated by regulations of the Armed Forces of the 
Philippines and by statute. 
ARTICLE 139. Arlicles 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 Wrongs. - 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 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 Damage 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 amoLlnt 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 conc.lusive 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 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. Constitutionali¢},. -Iffor 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. Transitory 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. Applicability. - 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 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. Effectivity. - 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, 
• 
•