SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC Of THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
I 2119 
S.B.No. __ _ 
'1 1 
• 
I 
Introduced by Senator Antonio "Sonny" F. Trillanes IVI{ E(,I::l" j. , I Ie ',," 
"" r 
AN ACT 
PROVIDING FOR THE CODE OF MILITARY JUSTICE FOR THE ARMED FORCES 
I 
; 
, 
OF THE PHILIPPINES AND THE PHlLIPp~E COAST GUARD, REPEALING FOR 
THE PURPOSE COMMONWEALTH ACT NUMBERED FOUR HUNDRED EIGHT, 
OTHERWISE KNOWN AS THE ARTICl;ES OF WAR, AS 'AMENDED, OTHF;R 
SPECIAL LAWS, AND APPROPRIATING FUNDS THEREFOR 
: 
EXPLANATORY NOTE 
Article XVI, Sec. 4 of the Constitution states that "The Armed Forces oft~e Philippines s~all be 
composed of a citizen armed force which shall undergo military training, and serve as may pe 
provided by law. It shall keep a regular force ,necessary far the seClfrtty of the State." The 
Anned Forces, therefore, is mandated to defend the country against threats to national peace and 
security. 
The c<;mstitution further provides that the State shall also promate professionalism in the armed 
forces by providing adequate remuneration and benefits to its member~. The proper recognition 
of the different contributions of service men and women is also considered an ~ffective ~ay of 
pramoting professionalism and patriotism in the military. The State has the duty to maintain and 
motivate the armed forces; in the same vein, the State, therefore, has the duty to discipline them, 
as well. 
The establishment of military law, or a military justice system, has a motivating and preventive 
function. It deters improper conduct and promotes an attitude of respect ~for authority and 
adherence to discipline, The establishment of military law also strengthens the national security 
of our country. Military law promotes justice which assists in the maintenance of good order and 
discipline in the armed forces thereby promoting efficiency and effectiveness in the military. 
This bill seeks to establish a military code of justice for the Anned Forces of the Philippines 
(AFP) and the Philippine Coast Guard (PCG) to allow them to deal with matters that pertain 
directly to the discipline, efficiency, and morale of their members. This bill respects the unique 
character of military life where discipline, organization and hierarchy playa crucial role. These 
are important factors in maintaining the effectiveness and combat readiness of the military and 
thePCG. 
In view of the foregoing, the immediate passage ofthls Act i:s earnestly sought. 
ANT-A;tO:'~~.uL.sIV 
Senator 
1 


1 
2 
SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES) 
First R~gular Ses~ion 
) 
SENATE 
S.B.No. 
2119 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
'14 
FEB 12 P 2 :48 
RECEI\Fl.i ,1)._ f 
PROVIDING FOR THE CODE OF MlLIT~Y JUSTICE FOR THE ARMED FORCES 
OF THE PHILIPPINES AND THE PHILIPPlNE COAST GUARD, REPEALING FOR 
THE 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 by the Sei'tate and the House of Representatives of the Philippines in 
Congress assembled: 
TITLE I. GENERAL PROVISIONS 
3 
ARTICLE 1. Applicability. - These articles shall at all times and in all places govern 
4 
the administration of military justice in the Armed Forces of the Philippines and the Philippine 
5 
Coast Guard (pursuant to Sections 2 and 6 of Republic Act 9993 or The Philippine Coast Guard 
6 
Act Of 2009) and shall apply to all persons subject to military law. 
7 
8 
Art. 2. Definition of Terms. - The following words when used in these articles shall be 
9 
construed in the sense indicated in this article, unless the context shows that a different meaning 
10 
is intended: 
11 
a. 
"Active service" means active service rendered by a, military person as a 
12 
commissioned officer, enlisted man, cadet, Problltionary officer, trainee or draftee in the Armed 
13 
Forces of the Philippines and the Philippine Coast Guard (PCG) and service rendered by him as a 
14 
civilian official or employee in the Philippine Government prior to the date of his separation or 
15 
retirement from the Armed Forces of the Philippines or the Philippine Coast Guard, for which 
16 
military and/or civilian service he/she shall have received pay from the Philippine Government 
17 
andlor such others as may hereafter be prescribed by law as active service; 
18 
b. 
"Accuser" means an officer who signs and swears to the charges, or directs that 
19 
charges nominally be signed and sworn to by another, or has an interest other than an official 
20 
interest in the prosecution ofthe accused; 
21 
c. 
"Battalion" includes a squadron or equivalent unit of the ground, air or naval 
22 
forces; 
1 


1 
d. 
"Cadet" includes cadets of the Philippine Military Academy (PMA), aviation 
2 
cadets of the Philippine Air Force Flying School, and students of an Officer's Candidate 
3 
Training School of the Armed Forces of the Philippines who are not commissioned officers or 
4 
soldiers on active duty, or sent by Philippine Government to foreign service academies; 
e. 
"Commanding Officer" refers to commissioned officers only; 
5 
6 
f. 
"Company" includes a troop, battery, commissioned vessel, or equivalent unit of 
7 
the ground, air or naval forces; 
8 
g. 
"Judge Advocate" means any officer commissioned in and of the Judge Advoca!e 
9 
General's Service; 
10 
h. 
"Legal Officer" means any lawyer-officer designated to perform legal duties in a 
11 
cornmand relating to the administration of military justice; 
i. 
"Member of the Armed Forces of the Philippines" includes an officer, cadet, 
13 
soldier, trainee, draftee or candidate soldier and all persons who retired from and in the inactive 
14 
service of the Armed Forces of the Philippines; 
15 
j. 
"Member of the Philippine Coast Guard" includes an officer, cadet, seaman or 
16 
sailor, trainee, draftee or candidate seaman or sailor and all persons who retired from and in the 
17 
inactive service of the Philippine Coast Guard; 
18 
k. 
"Officer" means a commissioned officer in the Armed Forces of the Philippines 
19 
and the Philippine Coast Guard; 
20 
1. 
"Soldier" means a person in enlisted grade, trainees, draftees or candidate 
21 
soldiers; 
22 
m. 
"Superior Officer" means a commissioned officer superior in rank or command; 
23 
n. 
"Suspendee" is convicted military personnel whose execution of sentence is 
24 
suspended or held in abeyance; 
25 
o. 
"Enemy" shall be construed to include also lawless elements or any person or 
26 
group of persons against whom any pacification campaign is directed by the government; 
27 
p. 
A "safeguard" signifie,s a special privilege of protection for persons, household, or 
28 
property - all or either - against military marauders or other disorderly parties, granted by a 
29 
military commander to certain private individuals, to colllorations, or to hospitals or other public 
30 
institutions, or places; 
31 
q. 
"Manifest Impediment" refers to such conditions as being held a prisoner of war 
32 
in hands of the enemy, or being imprisoRed under the sentence of a civil court upon conviction of 
33 
crime - during the whole or a portion of the period oflimitation. 
34 
35 
Art. 3. Persons Subject to Military Law. - The follOwing persons shall be understood 
36 
as included in the term "any person subject to military law", whenever used in these articles: 
37 
a. 
All officers and soldiers in the active service of the Armed Forces of the 
38 
Philippines, and soldiers awaiting issuance of reenlistment orders after expiration of their terms 
2 


1 
of enlistment; all members of the reserve force from the dates of their call to active duty or 
2 
mobilization training and while on such active duty or training; all trainees, draftees or candidate 
. 
. 
3 
soldiers undergoing military training or service; aU volunteers from the time of their muster or 
4 
acceptance into the Armed Forces of the Philippines; and all other persons lawfully called, 
5 
drafted or ordered into or for training in, in the Armed Forces of the Philippines, from the dates 
6 
they are required by the terms of the call, draft, or obey the same. 
7 
b. 
All officers and pesounel in the active service of the Philippine Coast Guard 
8 
(PCG) as defined under Section 15 of Republic Act No. 9993. 
c. 
d. 
Cadets and probationary second lieutenants or its equivalent in the navy. 
Prisoners of war in the custody of the Armed Forces of the Philippines. 
9 
10 
11 
e. 
All retainers to the camp and aU persons accompanying or serving the Armed 
12 
Forces of the Philippines in the field in time of war or when martial law is declared though not 
13 
otherwise subject to these articles. 
14 
f. 
Persons serving sentences imposed by courts-martial, except those transferred to a 
15 
penitentiary to serve their sentences thereat, unless said persons had already been arraigned 
16 
before a court-martial for offenses other than those for which they are serving sentences. 
17 
18 
Art. 4. Jurisdiction to Try Certain Personnel. -
19 
a. 
Subject to the provisions of Article 32, a person discharged from the service who 
20 
is later charged with having fraudulently obtained his discharge may be tried by court-martial on 
21 
that charge. Upon conviction of that charge, he is subject to trial by court-martial for all offenses 
22 
under these articles committed before the fraudulent discharge. 
23 
b. 
No person who has deserted from the Armed Forces of the Philippines shall be 
24 
relieved from amenability to the jurisdiction of these articles by virtue of separation from any 
25 
later period of service. 
26 
c. 
Any person who committed any offense punishable under Article 140 while in the 
27 
service of the Armed Forces of the Philippines or the Philippine Coast Guard and who is released 
28 
from active duty, discharged, separated, dismissed from the service, or dropped from the rolls 
29 
pursuant to Article 147, shall continue to be liable to be apprehended and held for trial and 
30 
sentence by a court-martial for said offense in the same manner and to the same extent as if he 
31 
had not been released from active duty, discharged, separated, or dismissed from the service, or 
32 
dropped from the rolls. 
33 
d. 
Any person who, while in the service of the Armed Forces of the Philippines, 
34 
commits embezzlement of money or other property entrusted to his charge by any military 
35 
per,son or persons who is released from active duty, or discharged, or dismissed from the service, 
36 
or dropped from the rolls pursuant to Article 147, shall continue to be liable to be apprehended 
37 
and held for trial and sentence by a court-martial for said offense in the manner and to the same 
, 
38 
extent as if he had not been released from active duty, discharged, separated, or dismissed from 
3 


1 
the service or dropped from the rolls. 
2 
3 
Art. 5. Judge Advocates and Legal Officers. -
4 
a. 
Convening authorities shall at all times communicate directly with their Staff 
5 
Judge Advocates or Legal Officers in all matters relating to the administration of military justice, 
6 
or vice versa. Intermediate or coordinating staffs concerned shall be informed accordingly for 
7 
monitoring purposes. 
8 
b. 
No person who has acted as a member, military judge, trial judge advocate, 
9 
assistant trial judge advocate, defense counsel, assistant defense counsel of a court martial, 
10 
investigating officer or witness in any case, may later act as a staff judge advocate or legal 
11 
officer to any reviewing authority upon the same case. 
12 
13 
14 
TITLE II - APPREHENSION, ARREST AND CONFINEMENT 
15 
Art. 6. Apprehensi\m. -
16 
a. 
Apprehension is the taking of a person into custody. 
17 
b. 
Any person authorized under regulations governing the Armed Forces of the 
18 
Philippines or the Philippine Coast Guard may apprehend persons subject to these articles or to 
19 
trial thereunder upon personal knowledge that an offense has been committed and that the person 
20 
apprehended committed it. 
21 
c. 
Any person making an apprehension shall make an immediate report to the 
22 
Commanding Officer to whom the apprehending person is responsible. He shall also, within six 
23 
(6) hours from the time of the apprehension, make a report to the immediate commander of the 
24 
person apprehended, or superior commissioned officer if it is impractical to inform the 
25 
immediate commander, without prejudice to the completion of the investigation if the same has 
26 
not been completed. Within twelve (12) hours from the time of apprehension, the Commanding 
27 
Officer of the apprehending unit shall turnover the apprehended person together with the record 
28 
of the investigation to the immediate commander of the person apprehended or superior 
29 
commissioned officer. 
30 
d. 
Nothing in this article shall limit the authority of persons authorized to apprehend 
31 
offenders to secure the custody of an alleged offender until proper authority is notified. 
32 
33 
Art. 7. Apprehension of Deserters by Civil Authorities. - Any civil officer having 
34 
authority under the laws of the Philippines to arrest offenders may summarily apprehend a 
3li 
deserter from the Armed Forces of the Philippines and deliver him into the custody of the 
36 
authorities concerned. 
37 
38 
4 


1 
Art. 8. Arrest and Coufmement. - The Commanding Officer or any responsible officer 
2 
may take an acc\.Ised charged before a co\.lrt-martial into ~\.Istody dming the pendency of the case, 
3 
subject to the approval of the court. 
4 
When the presence of the accused is specifically required by a court-martial, his 
5 
custodian, after due notice, shall immediately produce the accused before the court on the date 
6 
and time specified in the notice. If the accused fails to appear in person as required, the custodian 
7 
shall be given fifteen (15) days within which to produce his principal. Within the said period of 
8 
fifteen (15) days, the custodian must (a) produce the body of the principal or give the reason for 
9 
his non-production and (b) must explain satisfactorily why the accused did not appear before the 
10 
court when first required to do so. Failing in these two requisites, the custodian shall be punished 
11 
as a court-martial may direct. The court-martial will then issue an order for the arrest of the 
12 
accused, which shall be enforceable anywhere in the Philippines. 
13 
14 
Art. 9. Arrest or Confmement of Persons Charged with Offenses.-
15 
a. 
Any person subject to military law and charged with an offense punishable under 
16 
these articles shall be ordered into arrest or confinemellt, as circumstances may require; but when 
17 
charged only with a minor offense punishable by not more than thirty (30) days confinement, he 
18 
shall not ordinarily be placed in physical restraint, unless there exist reasonable grounds to 
19 
believe that: 
20 
(1) the person will not appear at the investigation or pre-trial investigation or trial; 
21 
(2) he will engage in serious criminal misconduct; or 
22 
(3) he has committed other offenses under these articles covered by court-martial. 
23 
24 
When a person is placed under arrest or confinement prior to trial, he shall immediately 
25 
be informed of the nature of the offense or offenses for which he is being held in arrest <;Ir 
26 
confinement; 
27 
b. 
Any person placed in arrest under the provisions of this article shall thereby be 
28 
restricted to his barracks, quarters or tent, unless such limits shall be enlarged or modified by 
29 
proper authority. 
30 
c. 
Not later than eight (8) days after ordering a person into arrest or confinement, or 
31 
after receipt of a report that a member of the commander's unit has been apprehended, the 
32 
immediate commander shall decide whether the order of arrest or confinement of the 
33 
apprehended person will continue. The release of the person ordered arrested or confined shall be 
34 
directed by the immediate commander, unless he believes there exists reasonable grounds that: 
35 
(1) the person will not appear at the investigation, or pre-trial investigation or trial; 
36 
(2) he will engage in serious criminal misconduct; or 
37 
(3) unless severe forms of restraint are inadequate.: 
38 
5 


1 
Provided, however, That whenever an accused has undergone pre-trial restraint for a 
2 
period equal to or more than the imposable minimum imprisonment for the offense charged to 
3 
which he may be sentenced and his case is not yet terminated, he shall be released immediately 
4 
without prejudice to the continuation of the trial hereof or the proceeding on appeal if the same is 
5 
under review: Provided, finally, that the pre-trial restraint shall in no case exceed ninety (90) 
6 
days without formal charges being referred to the Trial Judge Advocate for trial. 
7 
8 
Art. 10. Confinement with Enemy Prisoner Prohibited. - No member of the Armed 
9 
Forces of the Philippines shall be placed in confinement in immediate association with enemy 
10 
prisoners or other foreign nationals. 
11 
12 
13 
TITLE III - NON-JUDICIAL PUNISHMENT 
14 
Art. 11. Disciplinary Powers of Commanding Officen. -
15 
A. 
The commanding officer of any detaciunent, company, battalion, squadron, 
16 
commissioned vessel, or higher command, or such other officers as may be authorized by the 
17 
President, may, for minor offenses, impose disciplinary punisiunents upon persons of his 
18 
command without the intervention of a court-martial. A commanding officer exercising court-
19 
martial jurisdiction or an officer of general or flag rank in command may delegate his pow~r 
20 
under this article to a principal assistant. 
21 
B. 
Any commanding officer may, in addition to or in lieu of admonition, reprimand, 
22 
impose one or more of the following disciplinary punisiunents; 
23 
(1) Upon Officers of his Command: 
24 
(a) Withholding of privileges for not more than thirty consecutive days; 
. 25 
(b) Restriction to certain specified limits, with or without suspension from duty, 
26 
but for not more than thirty consecutive days; 
27 
(c) Arrest in quarters for not more than fifteen consecutive days; 
28 
(d) Forfeiture of not more than one-half of one month's base pay; 
29 
(e) Detention or withholding of not more than one-half of one-month's base pay 
30 
per month for three months; 
31 
(f) Deprivation of liberty on shore not exceeding thirty days for those attached or 
32 
embarked in a commissioned vessel of the Philippine Navy or Philippine Coast 
33 
Guard; 
34 
(g) If imposed by an officer exercising court-martial jurisdiction or by an officer 
35 
of general or flag rank in command: 
36 
(i) Withholding of privilege for not more than sixty consecutive days; 
37 
(ii) Restriction to certain specified limits, with or without suspension from 
38 
duty, for not more than sixty consecutive days; 
6 


1 
(iii)Arrest in quarters for not more than thirty consecutive days; 
2 
(iv) Forfeiture of not more than one-half of one-month's base pay per 
3 
month for three months; 
4 
(v) Detention or withholding of not more than one-half of one-month's 
5 
base pay per month for six months; 
6 
(vi) Deprivation of liberty on shore not exceeding sixty consecutive days, 
7 
for those attached to or embarked in a commissioned vessel of the 
8 
Philippine Navy or the Philippine Coast Guard. 
9 
(2) Upon other personnel of his command: 
10 
(a) Withholding of privilege for not more than thirty consecutive days; 
11 
. (b) Restriction to certain specified limits, with or without suspension from duty, 
12 
for not more than thirty consecutive days; 
13 
( c) Arrest in quarters for not more than fifteen consecutive days; 
14 
(d) Forfeiture of not more than one-half of one month's base pay; 
15 
(e) Detention or withholding of not more than one month's base pay per month 
16 
for three months; 
17 
(f) With respect to those attached to or embarked in a commissioned vessel of the 
18 
Philippine Navy or Philippine Coast Guard: 
19 
(i) Deprivation of Jiberty on shore not exceeding thirty consecutive days; 
20 
(U) Confinement on diminished rations for not more than three 
21 
consecutive days; 
22 
(g) Confinement not under guard for not more than fifteen consecutive days; 
23 
(h) Hard labor without confinement for not more than fifteen consecutive days; 
24 
(i) Extra duties, including fatigue or other duties, for not more than fifteen 
25 
consecutive days; 
26 
(j) Correctional custody for not more than fifteen consecutive days; 
27 
(k) Reduction to the next inferior pay grade, if the grade from which demoted is 
28 
within the promotion authority of the officer imposing the reduction or any 
29 
officer subordinate to the one who imposes the reduction; 
30 
(I) If imposed by an offi(.;er in the grade of Lieutenant Colonel or Commander: 
31 
(i) Withholding of privileges for not more than sixty consecutive days; 
32 
(li) Restriction to certain specified limits, with or without suspension from 
33 
duty, for not more than sixty consecutive days; 
34 
(iii) Arrest in quarters for not more than thirty consecutive days; 
35 
(iv) Forfeiture of not more one half of one month's base pay per month for 
36 
two months; 
37 
(v) Detention or withholding of not more than one month's base pay per 
38 
month for six months; 
7 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
lS 
16 
17 
(vi) With respect to those attached to or embarked in a conunissioned 
vessel of the Philippine Navy or Philippine Coast Guard, deprivation of 
liberty on shore not exceeding sixty consecutive days, or confinement on 
dinlinished rations for not more .than 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; 
(ix) Extra duties, including fatigue or other duties for not more than forty-
five 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. 
18 
C. The officer or his successor in conunand who inlposed the punishment may, at any 
19 
time, suspend provisionally any part or amount of the unexecuted punishment imposed and may 
20 
suspend provisionally a reduction in grade or a forfeiture, whether or not executed. He may also 
21 
at any time remit or mitigate any part or amount of the unexecuted punishment imposed and may 
22 
set aside, in whole or in part, the punishment whether or not executed, and restore all rights, 
23 
privileges and property affected. He may also mitigate a reduction in grade to forfeiture or 
24 
detention of pay. 
25 
D. 
A person punished under this article who considers his punishment unjust or 
26 
disproportionate to the offense may, through the proper channel, appeal to the superior authority, 
27 
but may in the meantime be required to serve the punishment imposed. The superior authority 
28 
may exercise the same powers with respect to the punishment imposed as may be exercised 
29 
under the preceding subsection by the officer who imposed the punishment. 
30 
E. 
The imposition and enforcement of disciplinary punishment under this article for 
31 
any act or omission shall not be a bar to trial by court-martial for a serious crime or offense 
32 
gr.owing out of the same act or omission, and not properly punishable under this article; but the 
33 
fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, 
34 
and when so shown, it shall be considered in determining the measure of punishment to be 
35 
adjudged in case of a finding of guilty. 
36 
F. 
Under such regulations as the President may prescribe, limitations may be placed 
37 
on the powers granted by this article with respect to the kind and amount of punishment 
38 
authorized and the categories of conunanding officers authorized to exercise these powers. Rules 
8 


1 
may also be prescribed with respect to the suspension, apportionment, remission, mitigation, 
2 
setting aside of the punishments imposed, or the restoration of rights and privileges properly 
3 
affected by the punishment imposed, and the form of records to be kept of proceedings under this 
4 
article, and what categories of these proceedings shall be in writing. 
5 
G. 
Any officer meted punishment under this article by an officer exercising court-
6 
martial jurisdiction shall automatically be considered on non-promotable status for a period of 
7 
one year from the date of the imposition of the punishment. The imposition of three or more 
8 
disciplinary punishments during the three years next preceding the consideration for promotion 
9 
of an officer shall constitute a ground for deferment from promotion of the officer. Any enlisted 
10 
person meted punishment under this article by an officer in the grade of lieutenant colonel or 
11 
commander shall automatically be considered on non-promotable status for a period of one year 
12 
from the date of the imposition of the punishment. 
13 
14 
15 
TITLE IV - COURTS-MARTIAL 
16 
Art. 12. Court-Martial. - A court-martial shall be composed of a military judge and two 
17 
m,?mbers; or only a military judge, if before the arraignment, the accused, after consultation with 
18 
his defense counsel, requests orally on the record or in writing that he be tried by a court 
19 
composed only of a military judge and said request is approved by the convening authority: 
20 
Provided, however, that whenever there are more than one accused and they could not agree as to 
21 
which court-martial would try them, they shall be tried by a military judge and two members. 
22 
23 
Art. 13. Jurisdiction of Court-Martial. - The court-martial shall have the power to try 
24 
persons subject to these articles and any other person who by the law of war is subject to trial by 
25 
court-martial. Under such limitations as the President may prescribe, it may adjudge any 
26 
punishment authorized by law or the customs of the service. In the Philippine Navy and the 
27 
Philippine Coast Guard, a court-martial may impose deprivation of liberty on shore as a 
28 
punishment, or solitary confinement not exceeding thirty days, or solitary confinement on 
29 
diminished rations not exceeding thirty dl;lYs. 
30 
31 
Art. 14. Who may Convene Court-Martial. - The President of the Philippines, the 
32 
Chief of Staff of the Armed Forces of the Philippines, the Commanders of the Major Services of 
33 
the Armed Forces of the Philippines, the Commander of the Philippine Coast Guard, the 
34 
commanding officer of Area Commands; commanders of task forces, divisions, separate 
35 
brigades or body of troops and their respective equivalents in the Navy or Air Force or the 
36 
Philippine Coast Guard, provided they have Staff Judge Advocate; and the Superintendent of the 
, 
. 
37 
Philippine Military Academy and commanders of a CQntingent of the Armed Forces of the 
38 
Philippines serving in a foreign country, may convene a court-martial; but when any such 
9 


1 
commanding officer is the accuser or the prosecutor of the person or persons to be tried, the court 
2 
shall be convened by competent higher authority. 
3 
4 
Art. 15. Who May Serve in Court-Martial. - The following may serve in a court-
S 
martial: 
6 
a. 
Any officer on active duty in the Armed For.ces of the Philippines or the 
7 
Philippine Coast Guard shall be competent to serve in a court-martial for the trial of any person 
8 
who may lawfully be brought before such court for trial. 
9 
b. 
Any enlisted person in the active military service of the Armed Forces of the 
10 
Philippines or the Philippine Coast Guard who is not a member of the same company as the 
11 
accused shall be competent to serve in a court-martial for the trial of any enlisted member, 
12 
draftee, trainee, or candidate soldier who may lawfully be brought before such court for trial. 
13 
c. 
When convening a court-martial, the convening authority shaH detail as members 
14 
thereof those officers of the command and, when eligible and available, those enlisted members 
15 
of the command who, in his opinion, are best qualified for the duty by reason of age, education, 
16 
training, experience, length of service and judicial temperament. 
17 
d. 
When it can be avoided, no member of the Armed Forces of the Philippines or 
18 
Philippine Coast Guard shall be tried by court-martial any member of which is junior to the 
19 
former in rank or grade. 
20 
e, 
No person shall be eligible to sit as member of a court-martial when he is the 
21 
accuser or a witness for the prosecution or defense, or has acted as investigator or as counsel in 
22 
the same case. 
23 
f. 
An accused enlisted person may request orally or in writing prior . to the 
24 
arraignment that an enlisted person serve in the court which is to try him: Provided, that in no 
25 
case shall the number of enlisted persons detailed exceed one-third of the total membership of 
26 
the court: Provided, further, That failure of the convening authority to designate an enlisted 
27 
person as a member of the court because eligible enlisted members cannot be designated on 
28 
account of physical conditions or military exigencies shall not preclude the court from 
29 
proceeding with the trial nor shall it affect the validity of the proceedings taken thereon, but the 
30 
convening authority shall make a detailed written statement, to be appended to the record, stating 
31 
why they could not be designated; Provided, finally, That no enlisted person shall act as member 
32 
of a court-martial when one of the accused is an officer. 
33 
34 
Art. 16. Military Judge of Court-Martial. - The convening authority shall detail to the 
35 
court-martial a member of the bar, hereafter called military judge, who shall be an officer of the 
36 
Judge Advocate General's Service or an officer who is a member of the Philippine Bar of somfl 
37 
other branch of service and who is certified to be qualified fOf duty as a military judge by the 
38 
Judge Advocate General. No court-martial shall convene or receive evidence in the absence of 
10 


1 
the militlll)' judge regularly detailed. The militlll)' judge, in addition to his duties as such, shall 
2 
perform such other duties as the President may, by regulations prescribe. No person is eligible to 
3 
act as a military judge in any case if he is the complainant or a witness for the prosecution or has 
4 
acted as investigating officer or counsel in the same case. 
5 
6 
Art. 17. Detail of Trial Judge Advocate and Defense Counsel. -
7 
a. 
For each court-martial, the authority convening the court shall detail a Trial Judge 
8 
Advocate and a defense counsel certified as competent to perform such duties by the Judge 
9 
Advocate Genllral; and for each court-martial, one or more assistant Trial Judge Advocates and 
10 
one or more assistant defensll counsels when necessary. 
11 
b. 
No person who has acted as investigating officer, military judge or court member 
12 
in any case may act later as Trial Judge Advocate, Assistant Trial Judge Advocate, or unless 
13 
expressly requested by the accused, as defense counselor assistant defense counsel in the same 
14 
c~e. No person who has acted for the defense may act later in the same case for the prosecution. 
15 
16 
Art. 18. Detail or Employment of Reporters, Interpreters and Bailiffs.-
17 
a. 
Under such regulations as the President may from time to time prescribe, the 
18 
convening authority of a court-martial shall detail or employ qualified court reporters, who shall 
19 
record the proceedings and testimony taken before such court and may take down the same, in 
20 
the first instance, in shorthand. Under like regulations, the convening authority of a court-martial 
21 
shall detail or employ an interpreter or interpreters, who shall interpret for the court. 
22 
b. 
The convening authority of a court-martial shall detail at least two bailiffs who 
23 
shall attend at the proceedings of the court to maintain, order, to serve warrants, summons and 
24 
any other process issued by the court, and to execute orders of the court. It shall also be the duty 
25 
of thll bailiff to protect the officers of the court and secure the prisoner/accused during the trial. 
26 
The order appointing a military court shall include the detail of at least two bailiffs who shall be 
27 
selected from the enlisted personnel of the Provost Marshal. In the performance of its duties, the 
28 
Provost Marshal shall extend its maximum support particularly in the service of warrants, 
29 
summons and any other process and orders issued by the court. The bailiffs shall be under the 
30 
djrellt supervision and control of the court during the trial. 
31 
32 
Art. 19. Absent and Additional Member. - No member of a court-martial shall be 
33 
relieved or excused after the accused has been arraigned, except for physical disability as a result 
34 
of a challenge for cause duly proved, or by order or the convening authority for a good cause. 
35 
36 
37 
38 
11 


1 
2 
TITLE V - PRE-TRIAL PROCEDURE 
3 
Art. 20. Challenges. - Except for the military judgej members of a court-martial may be 
4 
challenged by the accused or trial judge advocate for cause stated to the court. However, for 
5 
good cause shown, the accused or the trial judge advocate may request in writing the convening 
6 
authority for the relief of the military judge. 
7 
8 
Art. 21. Compulsory Self-Incrimination Pr.ohibited.-
9 
a. 
No person shall be compelled to incriminate himself, or to answer any question 
10 
the answer to which may tend to incriminate him. 
11 
b. 
No person shall be compelled to make a statement or produce evidence before or 
12 
for use before a court-martial, board, or officer conducting an investigation or designated to take 
13 
a deposition if the statement or evidence is not material to the issue and may tend to degrade 
14 
him. 
15 
c. 
No person may interrogate or request any statement from an accused or a person 
16 
suspected of an offense without first informing him of the nature of the accusation !Uld advising 
17 
him that he does not have to make any statement regarding the offense of which he is an accused 
18 
or suspected of committing and that any statement made by him may be used as evidence against 
19 
him. 
20 
d. 
No statement obtained from any person in violation of this article or in violation 
21 
of the Constitution or existing laws or through the use of coercion, unlawful influence, or 
22 
unlawful inducement may be received in evidence against him. 
23 
24 
Art. 22. Forwarding of Charges. - When a person had committed an act within the 
25 
jurisdiction of a court-martial, the commanding officer shall, within eight (8) days after the 
26 
accused is ordered into arrest or confinement, forward the charges, together with the 
27 
investigation report and allied papers, to the Staff Judge Advocate or legal officer who shall 
28 
forthwith prepare the appropriate charge sheet, if warranted, and designate a Pre-Trial 
29 
Investigation Officer. 
30 
31 
Art. 23. Pre-Trial Investigation. -
32 
a. 
No charge or specification may be referred to a court-martial for trial until a 
33 
thorough and impartial investigation of all the matters set forth therein has been made. This 
34 
investigation shall include inquiry as to the truth of the matter set forth in the charges, 
35 
consideration of the form of charges and a recommendation as to the disposition which should be 
36 
made of the case in the interest of justice and discipline. 
37 
b. 
At such investigation, the accused shall be informed of the charges against him 
38 
and advised of his constitutional rights. He shall within ten days from receipt of the charge sheet 
12 


1 
and all the evidence against him be given full opportunity to present his own evidence or 
2 
anything that he may present in his own behalf, either in defense or mitigation. The investigation 
3 
officer may examine available witnesses requested by the accused. If the charges are forwarded 
4 
after such investigation they shall be accompanied by a pre-trial investigation report containing a 
5 
statement of the substance of the testimony taken on or submitted by both sides. 
6 
c, 
The investigation shall, as far as practicable, be completed within a period of 
7 
twenty days, otherwise, the pre-trial investigation officer shall report to the convening authority 
8 
the reasons for delay and request extension of the period to complete the pre-trial investigation: 
9 
Provided, however, that the total period of extension that may be granted shall not exceed ten 
10 
(to) days. 
11 
12 
Art, 24. Advice of Staff Judge Advocate and Reference for Trial. -
13 
a. 
Before directing the trial of any charge by a court-martial, the convening authority 
14 
shall refer the same to his staff judge advocate or legal officer for consideration and advise. The 
15 
convening authority may not refer a specification under a charge to a court-martial for trial 
16 
unless he has found that the specification alleges an offense under these articles and is warranted 
17 
by the evidence indicated in the report of investigation. 
18 
b. 
If the charges or specifications are not formally correct or do not conform to the 
19 
substance of the evidence contained in the report of the investigating officer, formal corrections, 
20 
and sueh changes in the charges and specifications as are needed to make them conform to the 
21 
evidence, may be made. 
22 
23 
Art. 25. Service of Charges. - The trial judge advocate to whom court-martial charges 
24 
are referred for trial shall cause to be served upon the accused a copy of the charges upon which 
25 
trial is to be had, and a failure to serve such charges wUl be ground for a continuance unless the 
26 
trial be had on the charges as have been served previously upon the accused, In time of peace, no 
27 
person may against his objection, be brought to trial before a court-martial within a period of five 
28 
days subsequent to the service of charges upon him. 
29 
30 
31 
TITLE VI - TRIAL PROCEDURE 
32 
Art. 26. President May Prescribe Rules. - The President may by regulation which he 
33 
may modify from time to time, prescribe pre-trial, trial and post-trial procedures, including 
34 
modes of proof, for cases arising under these articles within the jurisdiction of a court-martial, 
35 
and which regulations shall, as far as he considers practicable, apply the principles oflaw and the 
36 
rules of evidence in the courts of justice of the Philippines, but which shall not be contrary to or 
37 
inconsistent with these articles. 
38 
13 


1 
Art. 27. Duties of Trial Judge Advocate and Defense Counsel.-
2 
a. 
The trial judge advocate of a court-martial shall prpsecute in the name of the 
3 
People of the Philippines, and shall, under the direction of the court, prepare the record of the 
4 
proceedings. 
5 
b. 
The accused has the right to be represented in his defense before a court-martial 
6 
or at an investigation under Article 23 by civilian counsel, or by military counsel of his own 
7 
selection if reasonably available, or by the defense counsel duly detailed under Article 17. If the 
8 
accused is represented by civilian or military counsel of his own selection, the detailed military 
9 
defense counsel and assistant military defense counsel shall act as associate defense counsel and 
10 
shall take over the defense of the accused whenever the counsel of choice is not available for any 
11 
reason. 
12 
c. 
In every court-martial proceeding, the defense counsel may, in the event of 
13 
conviction, submit in writing for attachment to the record of proceedings a brief of such matters 
14 
as to clemency and as he determines should be considered in behalf of the accused by the 
15 
members of court or the reviewing authority, including any objection to the contents of the 
16 
record which he considers appropriate. 
17 
d. 
An assistant trial judge advocate and assistant defense counsel may, under the 
18 
direction of the trial judge advocate and military defense counsel, respectively, and subject to the 
19 
requirement of Article 17, perform any duty imposed by law, regulations, or customs of the 
20 
service upon the trial judge advocate and defense counsel fOf the accused, respectively. 
21 
22 
Art. 28. Closed Sessions. - Whenever a court-martial shall sit in closed session, the trial 
23 
judge advocate and/or the assistant trial judge advocate, shall withdraw; and when their 
24 
assistance in referring to the recorded evidence is required, it shall be obtained in open court, and 
25 
in the presence of the accused and of his counsel. 
26 
27 
Art. 29. Continuances. - A court-martial may, for reasonable cause, grant a continuance 
28 
to any party for such time and as often as may appear to be just and proper. 
29 
30 
Art. 30. Challenges. - The members of a court-martial may be challenged by the 
31 
accused or the trial judge advocate for cause stated to the court. The court shall determine the 
32 
relevance and validity of challenges for cause. It may not receive a challenge to more than one 
33 
person at a time. Challenges by trial judge advocate shall ordinarily be presented and decided 
34 
before those by the .accused are offered. No peremptory challenge shall be allowed. 
35 
36 
Art. 31. Oaths. - Before performing their respective duties, military judges, members of 
37 
courts-martial, trial judge advocate, assistant trial judge advocate, defense counsel, assistant or 
38 
associate defense counsel, reporters, and interpreters shall take an oath or affirmation to perform 
14 


1 
their duties faithfully. The form of the oath or affirmation, the time and place of the tMg 
2 
thereof, the manner of recording the same, and whether the oath or affirmation shall be taken for 
i 
3 
all cases in which these duties are to be performed or for a particular case, shall be as prescribed 
4 
in regulations by the President. 
5 
6 
Art. 32. Period of limitation. - Except for desertion, mutiny or for war offenses 
7 
punishable under these articles and for murder or rape committed in times of war, no person 
8 
subject to military law shall be tried or punished by a court martial for any crime or offense 
9 
committed more than three (3) years before the charge sheet is referred to the trial judge 
10 
advocate for trial. Provided, that for desertion in time of peace or for any crime or offense 
11 
punishable under Article 139 and140, the period of limitation upon trial and punishment by 
12 
court-martial shall be five years from the time the offense was discovered by the authorities. 
13 
Provided further, that the period of any absence of the accused from the jurisdiction of the 
14 
Philippines or any period during which by reason of some manifest impediment the accused is 
15 
not amenable to military jurisdiction, shall be excluded in computing the aforesaid periods of 
16 
limitations. Provided also, that for any crime or offense the trial of which in time of war is 
17 
certified to the President by the Secretary of National Defense to be detrimental to the 
18 
prosecution of the war or inimical to the national security, the period of limitation prescribed in 
19 
this Article for the trial of said crimes and offenses shall be extended to the duration of the war 
20 
and one year after the termination of hostilities as proclaimed by the President or by a joint 
. 21 
resolution of the Congress. Provided finally, that this Article shall not have the effect of 
22 
authorizing the trial and punishment for any crime of offenses barred by the provisions of 
23 
existing law. 
24 
25 
Art. 33. Former Jeopardy. -
26 
a. 
No person shall be tried a second time for the same offense, but no proceeding in 
27 
which an accused has been found guilty by a court-martial upon a charge or specification shall be 
28 
considered a trial in the sense of this article until the reviewing and, if there be one, the 
29 
continuing authority, shall have taken final action upon the case. 
30 
b. 
A proceeding which, after the introduction of evid\lnce but before a finding, is 
31 
dismissed or terminated by the convening authority or on motion of the prosecution for failure of 
32 
available evidence or witnesses without any fault of the accused, is a trial in the sense of this 
33 
article. 
34 
I 
35 
Art. 34. Pleas of the Accused. - If an accused after arraigrnnent makes an irregular plea, 
36 
or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has 
37 
entered the plea of guilty through negligence or through lack of understanding of its meaning and 
38 
effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the 
15 


1 
court shall proceed as though he had pleaded not guilty. 
2 
3 
Art. 35. Process to Obtain Witnesses and Otller Evidence. -
Every trial judge 
4 
advocate, defense counsel and every court-martial. shaH have equal opportunity to obtain 
5 
witnesses and other evidence in accordance with such reguh~tions as the President may prescribe. 
6 
Processes issued in court-martial cases to compel witnesses to appear and testify and to compel 
7 
witnesses to appear and testify and to compel the production of other evidence shall be similar to 
8 
that which courts of the Philippines having criminal jurisdiction may lawfully issue and shall be 
9 
enforceable in any part of the Philippines. 
10 
11 
Art. 36. Refusal to Appear or Testify. - Any person subject to military law shall be 
12 
guilty of contempt if he has been duly subpoenaed to appear as a witness before any court-
13 
martial, board, or officer appointed to conduct investigation under the provisions of Article 23 or 
14 
before any military or civil officer designated to take a deposition to be read in evidence before 
15 
such court, board, or officer and he willfully neglects or refuses to appear, or refuses to qualify as 
16 
a witness, or testify, or produce documentary evidence which such person may have been legally 
17 
suppoenaed to produce: Provided, however, That the witness shall be entitled to such fees and 
18 
traveling expenses as the Chief of Staff, Armed Forces of the Philippines may prescribe, which 
19 
shall be duly paid or tendered to the witness. Such amount shall be paid out of the appropriations 
20 
of the Armed Forces ofthe Philippines. 
21 
22 
Art. 37. Indirect Contempt. - Any person not subject to military law shall be guilty of 
23 
contempt if after he has been duly subpoenaed to appear as a witness before any court-martial, 
24 
board or officer appointed to conduct investigation under the provisions of Article 23 or before 
25 
any military or civil officer appointed to take a deposition to be read before such court, board or 
26 
officer, willfuHy neglects or refuses to appear, or refuses to qualify as a witness or testify, or 
27 
produce documentary evidence which such person may have been legally subpoenaed to 
28 
produce. Any person who, upon proof or service and receipt thereof, fails, without justifiable 
29 
cause, to obey a subpoena served upon him shall be deemed in indirect contempt and the court, 
30 
board of officer issuing the subpoena may issue a warrant to the provost marshal to arrest the 
31 
witness and bring him before the court, board or officers where his attendan,ce is· required; 
. 32 
Provided, that the testimony of the witness is vital to the resolution of the case and it could not be 
33 
obtained in any other manner; Provided further, that a civilian witness is not bound to obey a 
34 
subpoena if his residence is more than fifty (SO)kilometers away from the place of trial, hearing 
35 
or investigation by the usual course of travel and; Provided finally, that the civilian witness shaH 
36 
be entitled to such expenses as the Chief of Staff, Armed Forces of the Philippines or the 
37 
Commandant of the Philippine Coast Guard may prescribe which shall be given to the witness 
38 
within a reasonable period of time prior to the hearing and that such amount shaH be paid out of 
16 


1 
the appr0priations of the Anned Forces of the Philippines. 
2 
3 
Art. 38. Depositions. -
4 
a. At any time after charges have been signed as provided in Article 20, any party may take 
5 
oral or written depositions unless an authority competent to convene a court-martial for 
6 
the trial of those charges forbids it for good cause. If a deposition is to be taken before 
7 
charges are referred for trial, such an authority may designate officers to represent the 
8 
prosecution and the defense and may authorize those officers to take the deposition of 
9 
any witness. 
10 
b. Depositions to be read in evidence before military boards, or for other use in military 
11 
administration, may be taken before and authenticated by any military or civil officer 
12 
authorized by the laws of the Philippines or by the laws of the place, where the deposition 
13 
is taken to administer oaths. 
14 
c. The party at whose instance a deposition is to be taken shall give to every other party 
15 
reasonable written notice of the time and place for taking the deposition. 
16 
A duly authenticated deposition taken upon reasonable notice to the parties, so far as 
17 
otherwise admissible under the rules of evidence, may be read in evidence before any military 
18 
court, or in any proceeding before a military board, if such deposition be taken where the witness 
19 
resides, is found, or is about to go outside of the Philippines, or beyond the distance of one 
20 
hundred and fifty kilometers from the place of trial or hearing, and will probably continue to be 
21 
absent when the testimony is required; or when it appears to the satisfaction of the court, board, 
22 
or convening authority that the witness, by reason of age, sickness, bodily infirmity, 
23 
imprisomnent, military necessity, non-amenability to process, or other reaso\lable cause, is 
24 
unable or refuses to appear and testify in person at the place of trial or hearini or the present 
25 
whereabouts of the witness is unknown. 
26 
27 
Art. 39. Voting and Rulings.-
28 
a. 
Voting by members of a court-martial, where the accused has not opted to be tried 
29 
by a military judge alone upon questions of challenge, on the findings and on the sentence, shall 
30 
be by secret ballot. The most junior member of the court shall in each case count the votes. The 
31 
votes shall be checked by the most senior member who shall forthwith announce the result of the 
32 
voting to the members of the court. 
33 
b. 
The military judge of a court-martial shall rule in open court upon interlocutory 
34 
questions. Any ruling made by the military judge upon any interlocutory question other than on a 
35 
motion for a finding of not guilty, challenge for cause, or on the question of the sanity of the 
36 
accused, shall be final and shall constitute the ruling of the court; but the military judge in any 
37 
case may consllit other members of the court, in closed session. before making a ruling and may 
38 
change ~y ruling made at any time during the trial. If any mc,mlber objects to a ruling of the 
17 


1 
military judge of a court-martial upon a motion for a finding of not guilty, challenge for cause, or 
2 
on the question of the sanity of the accused, the same shall be decided by a majority vote by viva 
3 
voce, beginning with the junior in rank. Any such ruling shall be final and shall not be subject to 
4 
appeal or review by the civil courts. 
5 
c. 
Before a vote is taken on the findings,the military judge shall, in the presence of 
6 
the parties, advise the mombers of the court that: 
7 
1) The accused must be prosumed to be innocent until his guilt is established by legal and 
8 
competent evidence beyond reasonable doubt; 
9 
2) In the case being considered, if there is a reasonable doubt as to the guilt of the 
10 
accused, the doubt shall be rosolved in favor of the accused and he shall be acquitted; 
11 
3) If there is a reasonable doubt as to the degree of guilt, the finding must be in a lower 
12 
degree than when thore is nO such doubt; and 
13 
4) The burden of proof to establish the guilt of the accused beyond unreasonable doubt is 
14 
upon the prosecution except in cases where the burden is shifted on the (jefense. 
15 
16 
Art. 40. NU!l1ber of Votes Required.-
17 
a. 
No person shall be convicted: 
18 
1) Of an offense for which the death penalty is made mandatory by law, except by the 
19 
unanimous vote of all the members of the court-martial; 
20 
2) Of any other offense, except by the concurrence of the military judge and another 
21 
member; Provided, however, that the voting required under this sub-section shall not 
22 
apply in cases where the accused is tried by a military judge alo~e. 
23 
b. 
No person maybe sentenced to: 
24 
1) death in offenses oxpressly made punishable by such in these articles or in any other 
25 
applicable provision of law, except by the unanimous vote of all the members of the 
26 
court-martial; 
27 
2) life imprisomnent or confinement for more than six (6) years of any other applicable 
28 
provision of law, except by the concurrence of the military judge and another member; 
29 
Provided, however, that the voting requir..,d under this subsection shall not apply in 
30 
cases where the accused is tried by a military judge alone. 
31 
c) All other questions except interloc\ltory ones shall be determined by a majority vote or 
32 
by the military judge where the accused is tried by a military judge alone. 
33 
34 
Art. 41. Court to Aunounce Action. - A court-martial once it closes to deliberate on its 
35 
findings and sentence shall not adjourn until its verdict is armounced in open court unless, in the 
36 
court's opinion, good reason exists for not making the fil?ding of guilty and,the sentence public at 
, 
37 
that tim". In this latter event, the most senior member may state in open court that the findings 
38 
and the sentence are not to be armounced. 
18 


1 
Art. 42. Records of Trial. -
2 
a. 
Each court-martial shall keep a separate record of its proceedings in the trial of 
3 
each case brought before it, and such record shall be authenticated by the military judge and the 
4 
trial judge advocate. If the record cannot be authenticated by the military judge and the trial 
5 
judge advocate by reason of the death, disability, or absence of either or both of them, it shall be 
6 
signed by a member in lieu of the military judge and by an assistant trial judge advocate if there 
7 
be one, in lieu of the trial judge advocate, otherwise, by another member of the court. If the trial 
8 
is by a military judge alone, the records shall be authenticated by the trial judge advocate or by 
9 
the assistant trial judge advocate and by the military judge. 
10 
b. 
Every·person tried by a court-martial shall, on demand made by himself or by any 
11 
person in his behalf, be entitled to a copy of the record of trial. 
12 
13 
14 
TITLE VII - SENTENCE 
15 
Art. 43. Excessive Fines, Cruel and Unusual Punishment Prohibited. -
16 
a. Excessive fines shall not be imposed by any court-martial. 
17 
b. Cruel and unusual punishment of every kind is prohibited. 
18 
c. The use of irons, single or double, except for the purpose of safe custody, is prohibited. 
19 
d. Any fine imposed shall be receipted in the manner as prescribed by regulations. 
20 
21 
Art. 44. Maximum Limits. -
22 
a. Whenever the punishment for a crime or offense made punishable by these articles is 
23 
left to the discretion of the court-martial, the punishment shall not exceed such limit or limits as 
24 
the President may from time to time prescribe for that crime or offense. 
2S 
b. In time of peace, the period of confinelI!ent in a penitentiary shall in no case exceed the 
26 
maximum period prescribed by law which, under Article 46, permits confulement in 
27 
penitentiary, unless in addition to the crime or offense so punishable under such law the accused 
28 
shall have been convicted at the same time of one or more other crimes or offenses. 
29 
c. A person subject to military law convicted by a court-martial but whose sentence does 
30 
not provide for dishonorable discharge shall in no case be promoted for a period of one year 
31 
from the time the sentence becomes final and executory. 
32 
d. No reduction in any grade shall be allowed for enlisted personnel convicted by a court-
33 
martial, unless specifically provided for in the sentence. 
34 
e. A court-martial may impose a punishment of reduction in rank in mitigation of a 
35 
mandatory sentence of dismissal from the service. 
36 
37 
38 
19 


1 
Art. 45. Effective Dates of Sentence. -
2 
a. Whenever a sentence of a court-martial lawfully adjudged includes a forfeiture of pay 
3 
and allowances in addition to confinement not suspended, the forfeiture shall apply to all pay and 
4 
allowances due and to become due on the date such sentence is approved by the convening 
5 
authority. 
6 
b. Any period of confinement included ill a sentence of a court-martial begins to run fro~ 
7 
the date the sentence is adjudged by the court-martial and the accused shall commence to serve 
8 
the sentence. For good behavior, the accused who has uudergone confinement shall be oredited 
9 
in the service of his sentence consisting of deprivation of liberty, with the full time during which 
10 
he'has uudergone preventive confinement. 
11 
c, All other sentences of court-martial are effective on the date they are ordered executed. 
12 
13 
Art. 46. Execution of Confmement. -
, 
14 
a. Except for desertion in time of war, repeated desertion in time of peace, and mutiny, no 
15 
person uuder the sllntence of court-martial shall be punished by confin~ent in a penitentiary 
16 
unless an act or omission of which he is conviQted is reQognized as an offense of a civil nature 
, 
, 
I '  
17 
and so punishable by penitentiary confinement for more than three (3) years by a law of the 
18 
Philippines, or by way of commutation of death sentence, and unless, also the period of 
19 
confinement authorized and adjudged by such court-martial is more than three (3) years. 
20 
b. When a sentence of confinement is adjudge<;l by a court-martial upon conviction of two 
21 
or more acts or omissions, anyone of which is punishable uuder these articles by confinement, 
22 
the same may be executed in a penitentiary. 
23 
c. The penitentiary confmement herein authorized may be served in any penitentiary 
24 
uuder the jurisdiction of the Philippines. 
25 
d. Persons sentenced to dishonorable discharge and to confinement not in a Pfnitentiary 
, 
, 
26 
shall be confined in the Armed Forces of the Philippines Custodial Center or elsewhere as the 
27 
President or the reviewing authority may direct, but not in a penitentiary. 
28 
e. The omission of the words "hard labor" from any sentence of a court-martial adjudging 
I 
29 
imprisonment or confinement does not deprive the authority executing SUQh I sentence of 
30 
imprisonment of the power to require hard labor as part of the punishment in any case where it is 
31 
authorized by regulations prescribing maximum punishments. 
32 
f. When the accused who is placed in custody is acquitted, the court shall order his 
33 
immediate release from confinement, uuless he is being held for some other charge. 
34 
35 
36 
TITLE VIII- REVIEW OF COURT-MARTIAL PROCEEDING 
37 
Art. 47. Effect of Irregularities. - The proceedings of a court martial shal! not be held 
38 
invalid nor the findings or sentence disapproved in any case on the grouuds of improper 
20 


1 
admission or rejection of evidence or for any error as to any matter of pleading or procedur~, 
2 
unless in the opinion of the convening Of reviewing authority, after an examination of the entire 
3 
proceedings, it shall appear that the error complained of has injuriously affected the substantial 
4 
rights of the accused. 
5 
6 
Art. 48. Disposition of Records. -
, 
7 
a. After trial by a court-martial the trial judge advocate shall, with dispatch as 
8 
circumstances may permit, forward the original records of the proceedings of each case to the 
9 
staff judge advocate or legal officer who shall review and submit his written opinion thereon to 
10 
the convening authority or to his successor in command or to the officer commanding for the 
11 
time being. 
12 
b. All records of a court-martial proceeding shall, after having been finally acted upon, be 
13 
transferred to the Judge Advocate General of the Armed Forces of the Philippines for 
14 
safekeeping. 
15 
16 
Art. 49. Action by the Convening Authority.-
17 
a. After the judge advocate or legal officer shall have reviewed the record of trial, he shall 
18 
forward the same to the convening authority. Action thereon may be taken by the officer who 
19 
convened the court, an officer commanding for the time being, a successor in command, or any 
20 
officer exercising court-martial jurisdiction. 
21 
b. No sentence of a court-martial shall be carried into execution until the same shall have 
22 
been approved by the officer convening the court, or by the officer commanding for the time 
23 
being, or by a successor in command. Unless the convening authority indicates otherwise, his 
24 
approval of the sentence is approval of the findings and sentence. 
25 
26 
Art. 50. Powers Incident to Power to Approve. - The power to approve the sentence of 
27 
a court-martial includes: 
28 
a. The power to approve or disapprove a finding of guilty and to approve only so much of 
, 
, 
29 
a finding of guilty of a particular offense as involves a finding of guilty of a lesser included 
30 
offense when, in the opinion of the authority having power to approve, the evidence on record 
31 
requires a finding of only the lesser degree of guilt; 
32 
b. The power to approve or disapprove the whole or part of the sentence; and 
33 
c. The power to remand a case for rehearing under Article 52. 
34 
35 
Art. 51. Reconsideration and Revision.-
36 
a. If a specification before a court-martial has been dismissed on motion and the finding 
37 
does not amount to an acquittal, the convening authority may return the record to the court for 
38 
reconsideration of the ruling and any further appropriate action. 
21 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
I 
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; 
I 
2) A finding of not guilty of any specification, or a ruling thereon which amounts to a 
finding of not guilty; 
3) A finding of not guilty of any charge, unless the record shows a finding of guilty under 
a specification laid under that charge, which sufficiently alleges a violation of some 
other offenses punishable under these articles; or 
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. 
19 
Art. 52. Rehearing. -
20 
a. A rehearing shall be had in all cases where errors of law have been committed 
21 
injuriously affecting the substantial rights of the accused unless in accord with such action, the 
22 
finding or sentence are approved in part only, or the record is returned for revision, or unless the 
23 
case is dismissed by the reviewing authority. 
24 
b. A rehearing shall take place before a court-martial composed of officers, or officers 
25 
and enlisted persons, not a military judge or members of the court-martial which first heard the 
26 
case. Upon such a rehearing, the accused shall not be tried for any offense of which he was found 
27 
not guilty by the first court-martial, and no sentence in excess of or more severe than the original 
28 
sentence shall be imposed, unless the sentence is based upon a finding of guilty of an offense not 
29 
considered upon the merits in the original proceedings, or unless the sentence prescribed for the 
30 
offense is mandatory. 
31 
c. If the reviewing authority disapproves or vacates a sentence the execution of which has 
32 
not heretofore been duly ordered, he may authorize or direct a rehearing except where there is 
33 
lack of sufficient evidence in the record to support the, findings, or when a rehearing is 
34 
impractical. If the reviewing authority disapproves the sentence and orders a rehearing, he shall 
35 
state the reasons for disapproval. If he disapproves the sentence and does not order a rehearing, 
36 
he shall dismiss the charges. 
37 
d. If the sentence after the first court-martial is approved, but the accused at the rehearing 
38 
changes his plea with respect to the charges or specification with which he;was found guilty and 
22 


I 
, , 
1 
sentenced, the sentence as to those charges or spC)cificatians 'may includJ ~y punishment not in 
, 
2 
eXCeSs of that lawfully adjudged at the first court-martial. 
3 
4 
Art. 53. Review by the Judge Advocate or Legal Officer.-
5 
A. Each case in which there has been a fimiing of guilty shaH be reviewed by a judge 
6 
advocate or legal officer, provided he has not acted in the same as an, accuser, witness, 
7 
investigating officer, member of the court, military judge, or otherwi~e, acted on behalf of the 
8 
prosecution or defense. In such case the review shall be conducted by a judge advocate or legal 
9 
officer to be designated by the convening authority. The review shall be in writing and shall 
10 
contain: 
11 
(1) conclusion as to whether: 
12 
a) the court had jurisdiction over the person of the accused and each offense; 
13 
b) each charge and specification stated an offense; and 
14 
c) the sentence was within the limits prescribed by law. 
, 
15 
(2) A response to each alleglltion of error made in writing by Article 27 (c) or directly 
16 
with the judge advocate or legal officer who reviewed the case. 
17 
B. The record of trial and related documents in each case reviewed under subsection a 
18 
hereof shall be sent for action to the convening authority or to the successor in command or 
19 
whenever impractical to any person exercising court-martial jurisdiction within the command. 
20 
C. The reviewing authority may: 
21 
(1) approve or disappmve the findings and/or sentence, in whole or in part; 
22 
(2) remit, commute, or suspend the sentence in whole or in part; 
23 
(3) order a rehearing on the fmdings or sentence, or both except where tl!e 
24 
evidence was insufficient at the trial to support the findings or; 
25 
(4) dismiss the charges. 
26 
27 
Art. 54. Suspension of Sentence. -
28 
a. The convening authority of a court-martial may, at the time of the approval of such 
29 
sentence or at any time thereafter, while the sentence is being served, suspend the execution, in 
i 
, 
30 
whole or in part, of any such sentence, including all unoollected forfeitures, except that a death 
31 
sentence shall not be suspended. 
, 32 
' b. The power to suspend a sentence includes the power to restore the person affected to 
33 
duty during such suspension. 
34 
c. No sentence approved or confirmed by the President shall be suspended by any other' 
35 
authority. 
36 
37 
Art. 55. Lifting of Suspension. -
38 
a. 
Before lifting the suspension of a sentence as approved, the officer having court-
23 


1 
martial jurisdiction over the suspendee shall order fl summary hearing on the reported violation 
2 
of the terms of the ~uspension of sentence. The suspendee shall be allowed to submit evidence in 
3 
support of his request for the continuation of the suspension of his sentence. 
4 
b. 
If the officer exercising court-martial jurisdiction lifts the suspension, any 
5 
unexecuted part of the sentence, except dismissal, shall be executed, subject to applicable 
6 
restrictions in Article 57 (c). The lifting of the suspension of dismissal is not effective until 
7 
approved by the President. 
8 
c. 
The suspension of any other sentence may be lifted by any authority competent to 
9 
convene a court-martial for the command in which the accused is serving or assigned. 
10 
11 
Art. 56. Petition for a New Trial. - At any time within two (2) years after approval by 
12 
the conv(ming authority of a court-martial sentence but before its execution the accused may 
13 
petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence 
14 
or fraud on the court. If the case of the accused is pending before the Court of Military Appeals, 
15 
the Judge Advocate General shall refer the petition to said court. Otherwise, the Judge Advocate 
16 
General shall act upon the petition. With regard to cases involving offenses oomrnitted during 
·17 
time of war, the application for new trial may be made within one (1) year after the terminati~n 
18 
of the war as proclaimed by the President or by a joint resolution of Congress o~ within two (2) 
19 
years after approval by the convening authority of the sentence, as herein provided, w,Qichever is 
20 
the later. Only one such application for a new trial shall be entertained with respect to anyone 
21 
case. 
22 
23 
Art. 57. Mitigation or Remission of Sentence. -
24 
a. 
The power to order the execution of the sentence adjudged by a court-martial 
25 
includes, inter alia, the power to mitigate or remit the whole or any part of the sentence. 
26 
b. 
Any unexecuted portion of a sentence adjudged by a court-martial, including aU 
27 
uncollected forfeitures, may be mitigated or remitted by the convening authority exclusive of 
28 
penitentiaries and disciplinary barracks of the Armed Forces of the Philippines or the Philippine 
29 
Coast Guard in which the person under sentence is held. 
3Q 
c. 
When a sentence of dishonorable discharge has been suspended until the soldier's 
31 
releaSe from confinement, the execution Of remission of any part of his sentence shall, if the 
32 
soldier be confined in the penitentiary or any barracks thereof, be directed by Chief of Staff, 
33 
Armed Forces of the Philippines or the Commandant of the Philippine Coast Guard. 
34 
d. 
A sentence, or any part thereof which has been suspended may be remitted or 
35 
mitigated, in whole or in part, by the officer who suspended the same, except in cases of persons 
36 
confined in penitentiaries, or by his successor in command, or by any officer exercising 
37 
appropriate court-martial jurisdiction over the command in which the persan under sentence may 
38 
be serving at the time. 
24 


1 
e. 
The death or honorable discharge of a person:under suspended sentence shall 
2 
operate as a complete remission of any unexecuted or unremitted part of such sentence. 
3 
f. 
The Secretary of National Defense or the Secretary of Transportation and 
4 
Communications may, for good cause, SUbstitute an administrative form of discharge or 
5 
dismissal executed in accordance with the sentence of a court-martial. 
6 
7 
Art. 58. Rl)storation -
8 
a. 
Under such regulations as the President may prescribe, all rights, privileges, and 
9 
property affected by an executed part of a court-martial sentence which has been set aside or 
10 
disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or 
11 
rehearing is ordered and such executed portion is included in a sentence imposed upon the new 
12 
trial or rehearing. 
13 
b. 
If a previously executed sentence of dishonorable discharge is not imposed on a 
14 
new trial, the Chief of Staff, Armed Forces of the Philippines or the Commandant of the 
15 
Philippine Coast Guard shall substitute therefore a form of discharge authorized for 
16 
administrative issuance unless the accused is to serve out the remainder of his enlistment or 
17 
reenlistment. 
18 
c. 
If a previously executed sentence of dismissal is not im~osed on a new trial, the 
19 
President shall substitute therefore a form of dismissal authorized for adiuinistrative issuance and 
20 
the officer dismissed by such sentence may be re-appointed by the President to such commission 
21 
grade and with the rank, as in the opinion of the President such a former officer would have 
22 
attained had he not been dismissed. The reappointment of such former officer shall be without 
23 
regard to existence of a vacancy and shall effect the promotion status of other officers only in so 
24 
far as the President may direct. All time between the dismissal and reappGintment shall be 
25 
considered as actual service for all purposes, including the right to receive pay and allowances. 
26 
27 
Art. 59. Finality of Proceedings, Findings, and Sentence. - The appellate review of 
. 28 
recGrds of trial provided by these Articles, the proceedings, findings, and sentence of court-
29 
martial as approved, reviewed, or affirmed as required by these Articles, and all dismissals and 
30 
discharges carried into execution under sentences by court-martial following approval, review, or 
31 
affirmation as required by these Articles, are final and conclusive. The'Ordel1' pl}blishing the 
32 
proceedings of court-martial and all actions taken pursuant to those proceedings are oinding 
, 
33 
upon all departments, courts, agencies and officers ofthe Philippine Government; subject only to 
34 
action upon petition for new trial and action by the Secretary of National Defense or the 
35 
Secretary of Transportation and Communications as provided in Article 57 (f) and the authority 
36 
of the President. 
37 
38 
25 


1 
Art. 60. Exellution of Sentence. -
Z 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
a. 
If the sentence of a court-martial includes death, that part of the sentence 
providing for death shall not be executed until the same is transmitted to the President who may 
, 
, 
commute, remit, or suspend the sentence or any part thereof as he 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 tlismissal shall not be 
executed until approved by the Secretary of National Defense or Secretary of Transportation and 
Communications, as the case may be, who may commute, remit, or suspend the sentence, or any 
part of the sentence, as he sees fit. 
c. 
If the sentence extends to death, dismissal, or a dishonorable discharge, that part 
I 
Qf the sentence extending to death, shaH not be executed ootil there is a final judgment as to the 
legality of the prQ.ceedings, and with respect to death or dismissal, ooder subsection (a) or (b), as 
I 
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 petitiojl 
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 cqmpleted 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. 
22 
. Art. 61. Review by the Judge Advocate General.-
23 
a. 
The record of the trial in each court martial shall be examined in the Office of the 
24 
Judge Advocate General if the finding of guilty and the sentence, as approved by the convening 
25 
authority, is: 
26 
27 
28 
29 
30 
31 
32 
(t) 
(2) 
(3) 
Death; 
Confinement for one year or more; 
Confinement for less than one (1) year and the accused appealed to the Office of 
the Judge Advocate General within fifteen (15) days from the receipt of notice of 
approval of sentence by the convening authority; 
(4) 
(5) 
Dishonorable discharge of an enlisted person; or 
Involves the dismissal of an officer, cadet. or probationary second lieutenant. If 
33 
any part of the findings or sentence is found to be oosupported in law or if reassessment 
I 
34 
of the sentence is inappropriate, the Judge Advocate General may vacate, modifY, set 
35 
aside the findings or sentence or both, as the case may be. 
36 
b. 
If the Judge Advocate General sets aside the findings or sentence, he may order a 
! 
37 
rehearing except when the setting aside is based on lack of sufficient evidence in the record to 
38 
support the findings, in which case he shaH order that the charges be dismissed. If he orders: a 
, 
26 


1 
rehearing, b~t the convening authority finds a rehearing impractical, the convening authority 
2 
shall dismiss the charges. 
3 
4 
5 
TITLE IX - COURT OF MILITARY APPEALS 
, 
6 
Art. 62. Creation, Appointment, and Qualifil!ations of Justil:es. - There is hereby 
7 
created a Court of Military Appeals, which shall consist of a Presiding Justice and five (5) 
8 
Associate J~stices who shall be appointed by the President of the Philippines from civilians who 
9 
are not less than forty (40) years of age at the time of appointment and engaged in the practice of 
10 
la~ in the Philippines for not less than ten (10) years or held for a like period an office in the 
11 
Philippine Government service req~iring admission to the practice of law in the Philippines as an 
12 
indispensable reqmsite, preferably with s~bstantial experience in handling cases before a cOurt 
13 
martial or representing military personnel before any court of justice, or have been for a like 
14 
period on active military service with the {udge Advocate General's Service ofthe Armed Forces 
15 
of the Philippines. 
16 
, 
17 
Art. 63. Precedence in Appointments of Justices. - The Presiding Justice of the Court 
18 
of Military Appeals shall be so desigoated in his appointment and the other Justices of the court 
19 
shall have precedence according to the dates of their respective appointments, or when the 
20 
appointments of two or more of them shall bear the same date, according to the order in which 
21 
their appointments have been issued by the President of the Philippines. 
22 
23 
Art. 64. Tenure of Office and Removal •• The Presiding Justice and Associate Justices 
24 
of the Court of Military Appeals shall hold office dming good beh~vior until they reach the age 
25 
of seventy (70) years or become incapacitated to discharge their d~ties. They may be removed by 
26 
the President of the Philippines, upon notice and hearing, for neglect of duty or malfeasance in 
27 
Office or for mental or physical disability, but for no other cause. 
28 
29 
Art. 65. Sitting of Court. - The Court of Military Appeals, shall as a body, sit en bane, 
30 
but it may sit in two divisions of three (3) Justices each. The two (2) divisions may sit at tHe 
31 
same time. If the Presiding Justice is present in any sessions of the court, whether en bane or in 
32 
division, he shall preside. In his absence, the Associate Justice attending who is first in 
33 
precedence in accordance with Article 63 shall preside. 
34 
35 
Art. 66. FUling of Vacancy in Office of Presiding Justice .• In case of a vacancy in the 
36 
Office ofthe Presiding Justice or the Court of Military Appeals, or in the, event of his inability to 
37 
perform the duties .md functions of his office, they shall devolve upon the Associate Justice who 
38 
is first in precedence, until such disability is removed, or another Presiding Justice is appointed 
27 


i 
1 
and has qualified. This provision and the provision of Article 63 shall apply to. every Associate 
2 
Justice who succeeds to the Office of the Presiding Justice. 
3 
4 
Art. 67. Filling of Vacancy in Office of Associate Justices. - In case of vacancy in the 
5 
Office of anyone of the Associate Justices of the Court of Military Appeals, or in the event that 
6 
anyone of said Associate Justices is absent, or disabled, or incapacitated for any reason, to 
7 
perform the duties and powers of his office, the President of the Philippines, upon request of the 
8 
Presiding Justice of the Court of Military Appeals and upon recommendation of the Chief Justice 
9 
of the Supreme Court, may an appoint an Executive Judge of the Regional Trial Court to sit 
10 
temporarily in the Court of Military APpeals, until such disability is removed or tile vacancy is 
11 
permanently filled. 
12 
13 
14 
15 
16 
17 
18 
19 
20 
Art. 68. Rank, Salary, and Benefits of Justices. - The Presiding Justice aljd Associate 
Justices of the Court of Military Appeals shall have the same rank and receive the salary, 
emoluments, retirement pay aljd benefits corresponding to those of the Presiding Justice and 
Associate Justices of the Court of Appeals of the Philippines,. respectively. 
I 
I 
Art. 69. Jurisdiction. - The Court of Military Appeals shall have jurisdiction to review 
the record in all cases: 
a. 
In which the sentence, as affirmed by tile Judge Advocate General, extends to 
21 
death, confinement for one year or more, dishonorable discharge of an enlisted person; 
22 
b. 
In which the sentence involves the dismissal of an officer, cadet, probationary 
23 
seoond lieutenant; 
24 
c. 
In which the Judge Advocate General has elevated the same to the Court of 
2S 
Military Appeals for review; 
26 
d. 
In which after review by the Judge Advocate General a petition is filed by the 
27 
accused with the Court of Military Appeals within sixty (60) days from receipt of notice of the 
28 
review of the Judge Advocate General and upon good cause shown, the Court of Military 
29 
Appeals has granted a review on the case. 
30 
.31 
Art. 70. Review of Decision of Judge Advocate General. - The accused may petition 
32 
the Court of Military Appeals for a review of the decision of the Judge Advocate General within 
I 
33 
sixty (60) days from (a) the date on which the accused is notified of such decision or (b) the date 
34 
on which a copy of the decision of the Judge Advocate General, after a copy thereof is served on 
3S 
the appellate counsel of record, if any, is deposited in the Philippine mails for delivery by first 
36 
class certified mail to the accused or counsel at an address provided by the accused or counsel, or 
37 
ifno su.ch address lias been provided by tile accused or C9unsel, at the latest address listed for the 
38 
accused in his official service record or that of counsel as ~ppearing in the record. The court of 
28 


1 
Military Appeals shall act upon such petition promptly in accordance with the rule$ of said court. 
2 
3 
Art. 71. Findings and Sentence 0.r Isslles to be reviewed. - In any case reviewed by it, 
4 
the Court of Military Appeals may act only with respect to the findings and sentence as approved 
5 
by the convening authority, and as affirmed or set aside as inappropriate by the Judge Advocate 
6 
GtJneral. In cases sent by the Judge Advocate General to the Court of Military Appeals, the 
, 
7 
review shall be limited to the issues raised by him. In the review cases granted upon petition of 
8 
the accused, action need be taken only with respect to issues specified in the grant or review, The 
9 
Court of Military Appeals shall review both questions off act and law, irrespective of the penalty 
10 
involved, especially in cases where the I appeal is initiated by the accused: Provided, that where 
11 
the sentence imposed is death or life imprisonment, the petition shall be immediately sent to the 
12 
Supreme Court for review in accordance with Article 74. 
13 
14 
Art. 72. Setting Aside of Findings and Sentence and Ruling. - If the Court of Military 
15 
Appeals sets aside the findings and sentence, it may, except where the setting aside is based on 
16 
lack of sufficient evidence in the record t6 support the findings, order a rehearing. If it sets aside 
17 
the findings and sentence and does not i order a rehearing, it shall order that the charges be 
18 
dismissed. 
19 
20 
Art. 73. Return of Record •• After it has acted on a case, the Court of Military Appeals 
21 
shall return the records of the case to the Judge Advocate General for any implementation of the 
, 
22 
decision of the Court, and unless there is further action to be taken by the Piesident, the 
23 
Secretary of National Defense or Secretary of Transportation and Communications, as the case 
24 
may be, the Judge Advocate General shall advise the convening authority to take action in 
25 
accordance with that decision. If the Court ordered a reh~aring, but the convening authority finds 
26 
a rehearing impracticable, the latter may dismiss the charges. 
27 
28 
Art. 74. Petition for Review on Certiorari •• The accused may file with the Supreme 
29 
Court a petition for review on certiorari of a decision ,of the Court of Military Appeals. Such 
30 
review shall be limited to questions of law which shall be directly set forth in the petition and 
31 
shall be governed by the provisions of the Revised Rmes of Court prescribing the procedure for 
32 
appeals from the Court of Appeals to the Supreme Court: Provided, that where the sentence 
33 
imposed is death or life imprisonment, the review may be on questions of fact and oflaw. 
34 
35 
Art. 75. Place of Session •• The Court of Military Appeals shall hold its session in 
36 
Metropolitan Manila. Whenever the public interllst so requirlls, and upon appr~val of the 
, 
37 
Prllsiding Justice, any division may hold its sllssions J'n any other placll within the Philippines. 
38 
29 


1 
Art. 76. Qll;orum and Vote for Pronouncement of Judgment. - Five (5) Justices of~e 
2 
Court of Military Appeals shall constitute a quorum for its sessions en bane, and three (3) 
3 
Justices shall constitute a quorum for the sessions of a division. In the absence of a quorum, the 
4 
Court or the division shall stand ipso facto adjourned until such time as the requisite number 
5 
shall be present, and a memorandum showing this fact shall be entered by the clerk in tile , 
6 
minutes of the Court. The affirmative vote of four (4) Justices is necessary to pass a resolution of 
7 
the Court en banco The unanimous vote of the three (3) Justices of a division shall be necessato/ 
8 
for the pronouncement of a judgment. In the event that the three (3) Justices do not reach a 
9 
unanimous vote, the Presiding Justice shall designate two (2) Justices from among the other 
10 
Justices of the court to sit temporarily with them, forming a division of five (5) Justices and the 
11 
concurrence of a majority of such division shall be necessary for the pronouncement ofl a 
12 
judgment. 
13 
14 
Art. 77. Power to Promulgate Rules. - The Court of Military Appeals, sitting en banc, 
15 
shall promUlgate its own rules to govem the procedure in the court and the aUotment of cases 
16 
between the divisions, the regular rotation of Justices between them, and other matters relating to 
17 
the business of the Court, and these rules shall continue in force until repealed or altered by it. 
I 
18 
19 
. Art. 78. Appointment, Qualifications, and Compensation of Clerks of Court, and 
20 
Compensation of Qther Officers and Employees. -
, 
21 
a. 
The Court of Militlll'Y Appeals shall appoint a clerk of court, who shall exercise 
22 
the same powers and perform the same duties in regard to all matters within its jurisdiction, as 
23 
are exercised and performed by the clerk of the Supreme Court of the Philippines, insofar as the 
24 
same may be applicable, and in the exercise of those powers and in the ,performance of those 
25 
duties, the clerk shall be under the direction of the Court. No person may be appointed clerk of 
26 
the Court of Military Appeals unless he has been engaglld for five (5) years 'or more in the 
27 
practice of law, or has been clerk or deputy clerk ofa court ofrecord for the same period of time. 
28 
The clerk of Court shall receive the same annual compensation as that of the Court of Appeals. 
29 
b. 
The Court of Military Appeals may appoint two DllPuty Clerks of Court who shall 
30 
have the same qualifications and annual compensations as that of the first dllPuty and second 
31 
deputy clerks of the Court of Appeals. The Court of MilitaryAppeals may appoint other officers 
. 32 
and employees in such number and with such cOmpellsations as may be hereafter authorized. 
33 
, 
34 
Art. 79. Department Head Functions of Presiding Justice. - The fullctions of 
, 
35 
DllPartment Head for the Court of Military Appeals and its subordinates shall be exercised by the 
36 
Presiding Justice, or in case of his death, absence, or disability, by the Associate Justice on duty 
37 
who holds the most senior appointment. 
38 
30 


1 
Art. 80. Administrative Control and Removal of Employees. " The Court of Military 
2 
Appeals shall have exclusive admipistrative control of all matters affecting the internal 
3 
operations of the Court. Except as regards the' appoin1ment and compensation of the private 
4 
secretaries and assistants to the individual Justices as the Court may authorize, all subordinates 
5 
and employees of the Court of Military Appeals shall be governed by the provisions of the Civil 
6 
Service Law. 
7 
8 
Art. 81. Attendance of Sheriff in Session and Authority. - The SjJ.eriff Of the City or of 
9 
the province where the Court of Military Appeals may be in session shall, in person or by his 
10 
deputy, attend the sessions of the Court of Military Appeals, enforce proper decorum in the court 
11 
room, and preserve good order. To this end, he shall carry into effect !fe rules or orders of the 
12 
Court made in his behalf, of any Justice thereof, and shall arrest any person there disturbing the 
13 
court or violating the peace. 
14 
15 
Art. 82. Service of Processes by Sheriff •• Writs, processes, abd orders of the Court of 
I 
16 
Military Appeals, or of any Justice thereof, shall be served or e~ecuted by the Sheriff of the City 
17 
or of the province where the Court of Military Appeals may be in session, orl by any Qfficer 
18 
having authority to execute the writs, processes, or orders of a Regional Tri!1l Court. 
19 
20 
Art. 83. Opinion Book. " When a decision is rendereo by the Court of Military Appeals, 
21 
a written opinion or memorandum containing the ground ruJi scope of the judgment of the court 
22 
shall be filed with the Clerk of the Court and shall be by him recorded in an Opinion Book. 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
Art. 84. Appellate Counsel. -
,. 
a. 
The Judge Advocate General shall detail one or more commissioned officers as 
appellate government counsel and one or more commissioned officers as appellate defense 
counsels who are qualified under Article 17. 
b. 
The Appellate Goverument 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 Cor 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 
I 
Counsel; and (2) the Judge Advocate General has sent the case to the Court of Military Ap~eals. 
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. 
31 


1 
2 
TITLE X. PUNITIVE ARTICLES 
3 
Art. 85. Principal. - Any person subject to n;tilitary law who: 
4 
a. 
Commits an offense punishable by these Articles or aids, labets, counsels, 
5 
commands, or procures its commission, or; 
I 
6 
b. 
Causes an act to be done, which if directly performed by him would be punished 
7 
under this article as principal. 
8 
9 
Art. 86. Accomplice. - Any person subject to military law who, not being included in 
10 
Article 85, participates in the execution of the offense by previous or simultane01s acts would be 
11 
punished under these articles as an accomplice. 
12 
13 
Art. 87. Accessory Aftllf the Fact. - Any person subject to military law who, knowing 
14 
that an offense punishable by these articles has been committed, receives, comforts, or ~ssists the 
15 
Qffender in order to hinder or prevent his apprehension, trial, or punishment is an accessory after 
16 
the fact and shall be punished as a court martial may direct. 
17 
18 
Art. 88. Conviction of a Lesser Included Offense. - An accused may be found guilty of 
I 
19 
an offense necessarily included in the offense charged or of any attempt to commit either the 
20 
offense charged or an offense necessarily included therein. 
21 
22 
Art. 89, Attempts. -
23 
a. 
Any person subject to military law who conspires with an~ person to commit an 
24 
offense punishable by these articles shall be punished as a court-martial may direct, unless a 
25 
penalty is otherwise specifically prescribed therefor. 
26 
b. 
An act done with specific intent to commit an offense under these articles, 
27 
amounting to more than mere preparation and tending, even though failing, to effect its 
. 28 
commission, is an attempt tQ commit the Qffense. 
29 
30 
Art. 90. Conspiracy. - Any person subject to military law who conspires with any person 
31 
to commit an offense punishable under these articles shall, if one or more of ~he conspirators 
32 
does an act to effect the object of the conspiracy, be punished as a court-martial may direct. 
33 
34 
Art. 91. Solicitation. -
35 
a. 
Any person subject to military law who solicits or advises another or others to 
36 
desert in violation Qf Article 96 or to commit mutiny in violation of Article 106 shall, if the 
37 
offense solicited, or advised is committed, be punished for the offenses so committed. If the 
38 
offense solicited or advised is not CQmmitted or is merely attempted, he shall be punished as a 
32 


, 
1 
court-martial may direct. 
2 
b. 
Any person subject to military law who solicit or advises another or others to 
3 
commit an act of misbehavior before the enemy in violation of Article 113, or sedition in 
4 
violation of Article 106 shall, if the offense solicited or advised ~s committed be punished for the 
5 
offense committed. If the solicited is not committed, he shall be punished as a court-martial may 
6 
direct. 
7 
8 
Art. 92. Fraudulent Enlistment, Appoin,tment, Separation or Retirement. • Any 
9 
person who procures his own enlistment or appointment in the military service of the Philippines 
10 
by willfully making false representation or deliberate concealment as to his qualification for 
11 
enlistment or appointment and receives payor allowances thereunder; or procures his own 
12 
separation or retirement therefrom by knowingly making false representation or deliberate 
13 
concealment as to his eligibility for that separation or retirement, shall be punishe? as a court-
14 
martial may direct. 
15 
16 
Art. 93. Unlawful, Enlistment, AppOintment. Separation or Retirement •• Any person 
17 
subject to military law who, effect an enlistment or appointment in, or a s~aration or retirement 
18 
from, the service of any person known to him to be ineligible for that enlistment, appointment, 
19 
separation or retirement because it is not authorized by law, regulation, or order, shall be 
20 
dismissed from the service or suffer such other punishment as a court-martial may direct. 
21 
22 
Art. 94. Making False Returns or Omitting to Render Returns •• 
23 
a. 
Every officer whose duty is to render to the headquarters of his command or unit, 
24 
to ,higher headquart,ers, or to other superior authorit~ a return of the state of the troops under his 
25 
command, or of the arms, ammunition, clothing, funds Or other property thereunto belonging, 
26 
who knowingly makes a false return thereof, shall be dismissed from the service or suffered such 
27 
other punishment as a court-martial may direct. 
28 
b. 
Any officer who, through neglect or design, omits to render such return, shall be 
29 
punished as a court-martial may direct. 
30 
31 
ARTICLE 95. Desertion. -
32 
a. Any member of the Armed Forces of the Philippines or Philippine Coast Guard on 
33 
active duty who: 
34 
(1) without authority, goes or remain absent from his unit, drganization, or place of duty 
, 
35 
with intent to remain away therefrom permanently; or 
36 
(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or 
37 
shirk important services; or 
38 
(3) without, being regularly separated from the Arm¢ Forces of thePhlJippines or 
33 


, 
i 
, 
'. 
! ' 
, I 
1 
PhiHppin~ Coast GUIU'd enlists o~ acc~ts an appJ~tment in ~e ann,ed forces' or coast 
2 
guard of another country without fully disclosing the fact that he has not b~en regularly 
3 
separated therefrom except when authorized by the Republic of the Philippines, is 
I 
4 
guilty of desertion. 
I 
I '. 
I 
I.. 
I 
5 
b. Any officer who, after tendering of his resigu<'ltion or request for his reversion fr01\1 
. 6 
active duty, and before due notice of its acceptance or approval, quits his post oi proper duties 
. 
i 
7 
without leave and with intent to remain away therefrom pern'lanently, is guilty of desertion. 
8 
c. Any person found guilty of desertion or attempt to desert shall be punished, if the 
9 
offense were committed in time of war, by death or such other punishment as a court-martial 
10 
may direct. 
11 
12 
Art. 96. Advising, Pe~suading or Assisting Another to Dessert. - Any per~on! subject 
13 
to military law who advises or persuades, or knowingly assists another, to desert the serVices of 
I 
14 
the Armed Forces of the Philippines or the Philippine Coast Guard shall be punished, if thy 
, 
15 
offense is committed in time of war, by life irnprisornnent. If the offense is committed at any 
16 
other time, the offender shall be punished as a court-m!lrtial may direct. 
17 
18 
Art. 97. Entertaining a Deserter. - Any officer who, after having discovered that! a 
. 
. 
19 
person subject to military law in his command is a deserter from the service, retains such deserter 
20 
in his command without informing superior authority or the commanding officer of the organizer 
21 
shall be punished as a court,martial may direct. 
22 
23 
Art. 98. Absence Without Leave •• Any member of the Armed Forces orthe Philippines 
. 24 
or Philippine Coast Guard on active duty who, without authority fails to go to his appointed 
25 
place of duty at the time prescribe; goes out of place; absents himself qr remains absent from his 
26 
unit, organization, or place of duty <'It which he is required to be at the time prescribed; through 
27 
neglect or design misses the movement of a ship, aircraft, or ~t with which he is required in the 
28 
course of d1;lty to move, shall be p1;lnished a court-martial m<'l; direct. 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
i 
Art. 99. Contempt Towards Superior Officer. - Any officer who uses contemptuous or 
. 
I 
disrespectful words against and in the presence of the President, the Vice-president, Members of 
Congress or the Secretary of National Defense or Secretary of Transportation and 
Communication 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 
di~respectful words against the said government officials mentioned herein are uttered in their 
absence the same shall be considered as indirect contempt and ~hall 'be punisred as a court-
martial may direct. 
' 
. 
I 
. 
34 


I 
1 
Art. 100. Disrespect Towards Superior Officer. - Any person subject tq military law 
2 
who behaves with disrespect to any superior officer shall be punished as a court-martial may 
3 
direct. 
4 
5 
Art. 101. Assaulting or Willfully Disobeyiug a Superior Offil:erJ - Any person subject 
6 
to military law who, on any pretense whatsoever: 
7 
a. strikes his superior officer or draws or lifts \lp any weapon or offers any violence 
8 
against him while he is in the execution of his ofilice; or 
" 
9 
b. willfully disobeys any lawful command of his supetiorolficer, sUall be punished, if the 
10 
offense is committed in time of war, by life imprisonment and if the offense is committed at any 
I 
11 
other time, by such other punishment, as a court-marti!1l may direct! 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
Art. 102. Insubordinate Conduct Towards Non-Commissioned Oftll:er. - Any 
enlisted persounel of the Armed Forces of the PhilippinFs or the Philippine Coast Guard who 
strikes or assaults, or who attempts or threatens to strike or qssaults, q 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 /lon-commissioned offic~r while the latter is in the execution of 
I 
his office shall be punished as a court martial may direct. 
I 
, 
I 
1 
Art. 103. Failure to Obey Order or RegUlation; - Any person subject to iuilitary Jaw 
who violates or fails to obey iIllY lawful general order or regulation; having knowledge of any 
other lawful general order issued by a member of the Anp.ed Forces of the Philippin¢s or 
Philippine Coast Guard, 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. , 
26 
Art. 104. Giving Illegal Order. - Any person subject to military law who shall 
27 
knowingly give illegal order or one in violation of law or ~egulations to persons under his 
28 
command shall, be punished as a court-martial may direct. 
29 
30 
ART. 105. Cruelty and Maltreatment - Any person subject to this chapter who is guilty 
31 
of cruelty toward, or oppression or maltreatment of, any person subject ~o his orders shall be 
, 
32 
punished as a court-martial may direct. 
33 
34 
Art. 106. Mutiny or Sedition. -
35 
a. Any person subject to military law who, with intent to usu~ or override military 
36 
authority, refuses, in concert with iIlly other persons, to obey order or otherwise do his duty or 
37 
creates any violence or disturbance shall be liable for mutiny and punished bY,life imprisonment; 
38 
b. Any person subject to military law who, with intt?nt to cause the overthrow or 
~ 
35 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
! ' 
" 
destruction of lawful civil authority, in concert with any other person, revolts or creates 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 ~uppress 
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 br 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 an attempt to ()onuiJit mutiny, sedition or failure to 
suppress or report a mutiny or sedition shall be punished by life imprisonment or such other 
penalty as a court-martial may direct. 
" 
I 
14 
Art. 107. Resistance, Breach of Arrest and Escape, - Any person subject to military 
15 
law who breaks his arrest or escapes from confinement, whethl?f before br after trial or sentence 
i i i  
:).6 
and before he is set at liberty by proper authority, or resists lawful i apprehension, shall be 
, 
17 
dismissed from the service or suffer such other punishment as a court-martia,! may direct. 
! 
. 
' 
18 
19 
20 
21 
2~ 
Art. 108. Releasing Prisoner Without Propel! Authority. - Any person subje,ct to 
military law who, without proper authority, rlliease any prisoner committed to his charge, or who 
through neglect or design suffers any such prisoner to eSCllpe, shall be punished as a court-
martial may direct whether or not the prisoner was committed in strict compliance with law. I 
, 
23 
24 
Art. 109. Unlawful Detention. - Any person subject to military law who, unlawfully 
25 
apprehends, arrests, or confines any person shall be punished as a court-martial may direct. 
26 
27 
ART. 110. Non-Compliance with Procedural Rules." Any person subject to this article 
28 
who--
29 
(1) is responsible for unnecessary delay in the disposition of any case of a person accused 
30 
of an offense under this act; or 
31 
(2) knowingly and intentionally fails to enfor<;e or cpmply with any provision of this act 
32 
regulating the proceedings before, during, or after trial of lin accused; shall be punished as a 
33 
court-martial may direct. 
34 
35 
Art. 111. Dereliction of Duty in the Apprehension, Delivery or' Custody of Military 
36 
Offenders. Answerable to the Civil Authorities. - Any commanding officer who refuses or 
37 
willfully neglects, except in time of war, to discharge the duties prescribed in Article 9 shall be 
38 
dismissed from the service or suffer suc;h other punishm(fllt as a court-martial may direct 
36 


1 
Art. 112. Misbehavior Before the Enemy . • Any person subject to'mifitary law who, 
2 
before or in the presence of the enemy, commits any of the following, shaH be punished :by life 
3 
imprisonment or such other punishment as a court·martial may direct; 
i I 
4 
a. runs away; 
5 
b. shamefully abandons, 'surrenders', or delivers up any command, unit, placf or military 
6 
property which it is his duty to defend; 
i 
7 
c. ~ough disobedience, neglect, or intentional misconduct, endangers' the safety of any 
8 
such command, unit, place or military property; 
9 
d. casts away his arms or ammunition; 
10 
e. quits his place of duty to plunder or pillage; 
11 
f. causes false alarm in any command, unit or place under control of the Armed Forces of 
12 
the Philippines or the Philippine Coast Guard; 
13 
g. willfully fails· to do his utmost to encounter, engage, capture; or destroy any troops, 
I 
14 
combatants, vessels, aircraft, or any other thing, which it is his duty to encounter, engage, 
15 
capture, or destroy; 
11/ 
h. does not afford all practical relief and assistance to any troops, combatants, vessels, or 
17 
aircraft, of the Armed Forces ~f the Philippines or the PhiliPIJine Coast Guard and/?f friendly 
18 
forces when engaged in battle, and; 
19 
i. solicits or advises another or others to commit an act of misbehavior before the enemy 
20 
in violation of these Articles. 
21 
22 
Art. 113. Subordinate Compelling Commander to Surrender . . Any person subject to 
23 
military law who compels or attempts to compel the commander of any place, vessel, aircraft, or 
24 
other military property, or of any body of the Armed Forces of the Philippines or Philippine 
25 
Coast Guard and/or friendly forces to give it up to an enemy or to abandon it, or who delivers or 
26 
surrenders the colors or flag to an enemy without proper authority, shall be punished by life 
27 
imprisonment or such other punishment as a court·martial may direct. ' 
28 
29 
Art. 114. Improper Use of Countersign . . Any person subject to military law who, in 
30 
time of war or serious disturbance of the peace, discloses the parole or countersign to any person 
31 
not entitj.ed to receive it or who gives to another who is entitled to receive and use the parole or 
. 32 
countersign, a different parole or countersign from that which, to his knowledge, he was 
, 
33 
authorized and required to give, shall be punished by life imprisonment or such other punishment 
I 
' 
34 
as a court·martial may direct. 
35 
36 
Art. 115. Violating a Safeguard. - Any person subject to military law who itt time of 
37 
war or serious disturbance of the peace, violates a safeguard shall suffer life imprisonment or 
38 
such other punishment as a court·martial may direct. 
i I 
37 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
Art. 116. Captured or Abandoned Property •• 
a. All persons subject to military law shall secUr~ all pub,lic property taken from the 
enemy for the service of the Republic of the Philippines, arid"shaUigive notice and tum over to 
the proper authority without delay all captured or abandoned property in their possession, 
, 
, 
custody or control; 
I 
, 
b. Any person subject to military law who fails to carry out the duties prescribed in 
subsection (a) buys, seUs, trades, or in any way deals in or disposes captured or abandone\:! 
property, whereby he, receivJs or expects any profit, benefit, or ad~antage to himself; or engages 
in looting or pillaging, shall be punished by fine or imprisonment, or, 'both, or by such other 
punishment as a court-martial may direct. 
Art. 117. Aiding the Enemy •• Any person subjllct to military law who aids, orl attempts 
to aid, the enemy with arms, ammunition, supplies, money or other things; or without proper 
authority, knowingly harbors or protects or gives intelligllnce to, or communicates or 
corresponds or holds any intercourse with the enemy, either directly or indirectly, shall1suffer life 
I 
imprisonment or such punishhlent as a court-martial may direct. 
I 
18 
Art. 118. Misconduct as Prisoner .• Any person subject to military who, while in the 
19 
hands of the enemy for the purpose of securing favorable treatment from his captors, acts without 
20 
proper authority in a manner contrary to law, customs, or regulation, to the detriment of others of 
21 
whatever nationality held by the enemy as civilian or military prisoners; or while in a position of 
22 
authority over such persons maltreats them with0\lt jU$tifiable cause, shall be punished as a 
23 
court-martial may direct. 
24 
25 
Art. 119. Spying. - Any person who, in time of war, is found lurking as a spy in or about 
26 
any place, vessel, or aircraft within the control or jurisdiction of the Armed Forces of the 
, 
, 
27 
Philippines or the Philippine Coast Guard; OJ in or about any shipyard, any manufacturing or 
28 
in~ustrial plant, or any other place or institution engaged in work in aid of the prosecution of the 
29 
war by the Republic of the Philippines, or elsewhere, shall be tried by a court-martial and upon 
30 
conviction shall be punished by life imprisonment. 
31 
, 
I 
32 
Art. 120. Espionage (as committed by persons subj'ect to military justice) • 
33 
(a) Any person subject to this Code who, with intent pr reason to believe that it is to be 
34 
used to the injury of the Philippines or to the advantage of a forllign nation, communicates, 
, 
' 
35 
delivers, or transmits, or attempts to communicate, deliver, or transmit,i to any entity - either a 
I 
36 
foreign government, its agents, or any faction or unit of any foreign armed forces - either directly 
37 
or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic 
38 
negative, blueprint, plan, map, modd, note, instrument, appliance, at infonnation relating to the 
38 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
i 
I 
' 
national or coastal defense shall be punished as a court-martial may direct, except that i( the 
! 
accused is found guilty of an offense that directly concerns: 
I 
I 
(1) advanced weaponry, early warning systems, or other means o~ defense or retali~tiQn 
, 
against large scale attack, 
, 
(2) war plans, 
(3) communications intelligence or cryptographic information, or 
(4) any other major wellpons system or major element of defense strategy, the accused 
, 
shall be punished with life imprisonment as a court-martial may direct. 
I 
(b) A sentence of life imprisonment may be adjudged by a court-mllftlal for an offeys;e 
under this article only if the members unanimously find,beyond a reasonable doubt, one or mo~e 
of the following aggravating factors: 
(1) The accused has been convicted of another offense involving espionage or treason for 
which a sentence of imprisonment for life was authorized by sta~te. 
(2) In the commission of the offense, the accused knowingly created a grave risk of 
substantial damage to the national seQurity. 
(3) In the commission of the offense, the accused, knowingly created a grave risk of death 
17 
to another person. 
18 
(4) Any other factor that may be prescribed by the President in his Qapacity as 
19 
20 
21 
22 
23 
24 
25 
26 
27 
. 28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
Commander-in-Chief. 
I 
Art. 121. False Official Statement. -
a. Any officer who, with intent to decl,live, signs any false record, return, regulations', 
I 
orders, or other official document knowing the same to be falsl,l, or makes any other false official 
statement knowinl:1: 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. 
. . 
I 
Art. 122. Military Property - Loss, 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, damagl,ld, destroyed, sold or wrongfully 
disposed of, any military property of the Republic of the Philippines, sh<tll make good the loss or 
damage and suffer or such punishment as a court-martial may direct. If thC!l military property ~ 
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 bl( life imprisonment. 
39 


, 
, 
'! 
i 
1 
Art. 123. Property other than Military Property of the 'P4ilippines • Waste, or 
2 
Destruction •• Any person subject to military law who willfully or recklessly wastes, spoils, or 
, 
'I 
3 
otherwise willfully and wrongfully destroys or damages any property other than military 
4 
property of the Republic of the Philippines shall be punished as a court-martial may ditect; 
5 
6 
Art. 124. Improper Hazarding of Military Vehicle, Aircraft or Vessel, • 
! 
7 
a. Any person subject to military law who willfully ru;td wrongfully hazards or suffers to 
8 
be hazarded any vessel, vehicle or aircraft of the Arnled, Forces of the Philippines or the 
9 
Philippine Coast Guard shall be dismissed from the service or suffer such other punishment as 'a ' 
10 
court-martial may direct. 
11 
b. Any person subject to military law who negligently hazards or suffer to be hazarded 
12 
any vehicle, aircraft or vessel of the Armed forces of the Philippines or the Philippine Coast 
, 13 
Guard shall be punished as a court-martial may direct. 
14 
15 
Art. US. Drunken or Reckless Driving. - Any person subject to military law who 
16 
operates any vehicle or vessel while drunk, or in a reckless or wanton manner, shall be punished 
17 
as court-martial may, direct. 
18 
19 
Art. 126. Drunk on Duty •• Any person subject to military law who is found drunk on 
20 
duty shall, if the offense is committed in time of war, shall be dismissed from the service or 
21 
suffer such other punishment as a court.martial may direct. If the offen~e be committed at any 
22 
other time, he shall be punished as a court-martial may direct. 
23 
24 
Art. 127. Misbehavior of Sentinel. - Any sentinel or lookout who is found drunk or 
25 
sleeping upon his post, or leaves it qerore he is regularly relieved, shall be punished, if the 
26 
offense is committed in time of war, by life imprisonment or such other punishment, as a court-
27 
martial may direct. If the offense is cohunitted at any other time, the offender shall be punished 
28 
as a court-martial may direct. 
29 
30 
Art. 128. Personal Interest in Sale of Provisilln. - Any officer commanding any 
, 
' 
31 
garrison, fort, barracks, camp or other place where troeps of the RePublic of the Philippines may 
32 
be serving who, for his private advantage, levies any duty or imposition upon or is interested, 
, 
33 
directly or indirectly, in the sale of any victuals Oll other necessaries of life brought into such 
34 
garrison, fort, barracks, camp or place for the use of troops, shall be dismissed from the service 
35 
and suffer such other punishment as a court-martial may direct. 
36 
37 
Art. 129. Intimidation of Person Bringing Provisions. - Any person subject to militarY 
38 
law who abuses, intimidates, does violence to, or wrongfuJl4' interferes with any person bringing 
40 


1 
provisions, supplies or other necessaries to the garrison, fort, barracks, camp or other place 
2 
where troops of the Republic of the Philippines may be serving, shall suffer such punishment as 
3 
a court-martial may direct. 
4 
t 
5 
Art. 130. Dueling. - Any person subject ~ military law who fights or prdniotes, or is 
6 
concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or 
7 
about to be sent, fails to report the fact promptly to the proper authority? isha11, i~ an officer, be 
, 
I 
! , 
8 
dismissed frpm the service or suffer such other punishment as a court-martial may direct; and if 
9 
any other person subject to military law, shall suffer such punishment ~s a court-martial may 
10 
direct. 
11 
12 
Art. 131. Malingering. - Any perSOn subject to military law who, for the purpose of 
, 
13 
avoiding work, duty or service, feigns illness, physical disablement, mental lapse or 
14 
derangement; or intentionally inflicts self-injury, shall be pllnished as a eourt-martial may direct. 
15 
16 
Art. 132. Good Order to be Maintained and Wrongs Redressed. - All persons subject 
17 
to military law are to behave themselves orderly in quarters, garrison, camp and on the march; 
18 
and any person subject to military law who commits any waste or spoiling or willfully destroys 
19 
any property whatsoever (unless by order of his commanding officer), or commits lUiy kind of 
20 
depredation or riot, or breach of the peace, shall be punished as a court-martial may direct. Any 
, 
21 
commanding officer who, upon complaint made to him, refuses or omits to see reparation made 
i 
I 
22 
to the party injured, in so far as the offender's pay shall go toward such reparation as provided (or 
23 
in Article 142, shall be dismissed from the service, or otherwise punished as a court Il,1artial may 
. 24 
direct. 
25 
26 
Art. 133. ProvoWng Speeches or Gestures .• Any person subject to military law who 
, 
! 
27 
uses any prpvoking or reproachful words or gestures toward any other person subject to militarY , 
28 
law shall be punished as a court-martial may direct. 
I 
29 
30 
Art. 134. Command Responsibility •• Any commanding officer who refuses to act or 
31 
delays action on a valid complaint against a person under his command, or refuses or delays to 
32 
impose a disciplinary punishment when warranted by the evidence, or otherwise aids or abets the 
33 
wrongdoing of a subordinate, shall be subject to action under Article 11 or punished as a court-
34 
martial may direct. 
35 
36 
Art. 135. Unlawfully InfluenCing Action o~.Court.· 
, 
37 
a. Any authority convening a court-martial pr any other commanding officer who shall 
,I 
38 
censure, reprimand, or admonish the court or any member thereof; with respect to the finliings or 
41 


1 
sentence adjudged by the court-martial or with respect to any other exercis~ of its' or his 
2 
functions in the conduct of the proceeding, shall be punis4ed as a court-martial may direct. 
, 
, 
3 
b. Any person subject to military law who shall attempt to cqerce, .\larass or, by any 
' I  
' 
4 
means, unlawfully influence the action of a court-martial br any other member thereof, in 
, 
, 
, 
5 
reaching the findings or sentence or conclusions in any caser or the aption of ariy convening, 
i 
! 
i '  I 
6 
approving, reviewing, authority with respect to its or his judicial acts, shall be 'punished as a 
I 
' 
7 
court-martial may direct. 
8 
, 
9 
Art. 136. Murder or Rape in Time of War. - Any p,erson subject to military law who 
I 
10 
commits murder or rape as defined in the Revised Penal Code in time of war shall suffer life 
11 
imprisonment as a court-martial may direct. 
12 
, 
13 
14 
15 
16 
17 
18 
19 
20 
21 
Art. 137. Various Crimes. - Members of the Armed Forces of the Philipl1ines 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 Jhether or not 
civilians are co-accu~ed or offended parties, whic)J. may be natural or juridical persons, sht¥l be 
tried by the proper ciVil court, excqJt when the offense, as determined before arraignment br the 
Judge Advocate General, is service connected, in which case, the offense shall be tried by a 
I 
court-martial. Violations of Articles 91 to 137 and Articles 140 to 141, commonly known as' 
purely military offenses, shall be exclusively tried by court-martial. 
22 
ART. 138. Sodomy and Bestiality. -
23 
a. Any person subject to this code who engages in unnatural carnal Copulation with 
, 
, 
24 
another person of the same sex or with an animal is guiltY of sodomy. Penetration, however 
25 
slight, is sufficient to complete the offense. 
, 
, 
26 
b. Any person found guilty of sodomy shall be punished as a court-martial may direct. 
27 
28 
Art. 139. Frauds Against the Government. - Any person subject to military law who 
29 
commits any of the following acts: 
30 
a. Makes or causes to be presented to any person in the civil or military service thereof, 
31 
for approval or payment any claim against the Govemment, or any officer thereof, knowing such 
32 
claim to be false or fraudulent; 
33 
b. Enters into any agreement or conspiracy to defraud the Government by obtaining, or 
34 
aiding others to obtain the allowance or payment of any false or fraudulent claim; 
35 
c. For the purpose of obtaining, or aiding others to' obtain the approval, allowance, or 
36 
payment of any c;;laim, against the Government or any offi~r thereof, knowing such claim to be 
37 
false or fraudulent; 
, 
I 
38 
d. For the purpose of obtaining or aiding others to obtain, the approval, allowance, or 
42 
'i 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
i 
I 
' 
I 
payment of any claim against the Government or any officer ~hereof, makes or procures, or 
advises the making of, any fact or to any writing or other paper \q"\owing such oath t<?1 be false; . 
e. For the purpose of obtaining or aiding others to obtain, the approval, atlowance, or 
I 
payment of any claim against the Government or any officer thereof, forges or counterfeits, or 
, 
I 
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 signaMe, knowing the same to be 
1.1' 1 
forged or counterfeited; 
f. Having charge, possession, or control of any money or other proP'lrty of the 
Government furnished or intended for the military service thereof; knowingly delivets,' or causes 
I 
' 
to be delivered, to any person having authority to receive the same, any amOUJ,1t thereof l~~s than 
t 
' 
J 
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 deljvers 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 wrongfi.dly 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 
i. Knowingly purchases or receives in pledge for any obligation 0'1: indebtedness from any 
soldier, officer, or other person who is part of or employed in thJ I Armed Forces of the 
Philippines or the Philippine Coast Guard, any ordinance, arms, equipment, ammunition, 
clothing, subsistence stores, or other property of the government, such soldier, officer, or other 
I 
I 
person not having lawful right to sell or pledge the same; or 
k. Enters into any agreement or conspires to comlllit any of the offe~ses aforesaid; 
shall, upon conviction, be punished by fine or illlprisonment, or byi subh other punislnnent as a 
cQurt-martial may direct, or by any or all of said penalties. 
I 
,Art. 140. Conduct Unbecoming of an Officer and a Gentlemen •• Any officer, cadet, 
. 
I 
I 
I 
or probationary secolld lieutenant who is convicted of conduct unbecoming of an officer and a 
gentleman shall be dismissed from the service. 
33 
Art. 141. General Article •• Though not specifically mentioned i* these articles, all 
34 
disorders and neglects to the prejudice of good ordel: and military discipline and all cOllduct of a 
I 
35 
nature to bring discredit upon the Armed Forces of the Philippines or the Philippine C9ast Guard 
36 
and crimes and offenses not capital which perSOl;lS subject to military law may commif, shall be 
I 
. 
37 
punished as a court-martial may direct taking into consideration the nature and degree of the 
38 
offense. 
.43 I 


1 
:2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
I! , 
I 
'i i 
. I 
i, 
TITLE XI- MISCELLANEOUS PROVISIONS 
Art. 142. Article to Adnrlnister Oatbs. " The following officers on active duty in the 
Armed Forces of the Philippines or Philippine Coast Guard shall have authority to admimster 
I 
oaths for the purposes of administering justice and fOf other ~urposes of military administtat~ons: 
a. All judge advocates and legal officers: 
I 
' 
. 
I 
i 
b. The president, members, military judge, trial judge apvocate, 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 aud assistant adjutarits; and 
. g. All administrative officers; and ;. 
I 
. 
h. All officers designated by regul\ltions of the Armed For<;es of the Philippines 0,1" the 
Philippine Coast Guard and by statute, 
17 
Art. 143. Articles to be Explained. - Articles 3, 4, 6, 11; 15, 17, 21, 27, 44, 85 to 142 
, 
18 
and 144 to 146 shall be carefully read lUjId explained to soldiers at the ,time of his enlistment, 
19 
reenlistment Of enJance on active duty, or within six (6) days thereafter, and shall be read and 
20 
explained opee every six (6) months to soldiers of every garrison, regiment, or company in the 
21 
service of the Philippines. 
22 
23 
Art. 144. Complaints of Wrongs. " Ally member of the Armed Forces of the Philippines 
24 
or Philippine Coast Guard on active duty who he1iI:1Vl:1s himself wronged by his commanding 
25 
officer, and who upon due application to that commanding officer, ,is rl:1fused redrl:1ss, may 
26 
complain to any superior comniissioned officer, who shall forward the complaint to the offiCl:1r 
27 
exercising court-martial jurisdiction over the officer against whom it is made. Thl:1 officer 
28 
exercising court-martial jurisdiction shall I:1xamine the. complaint and take proper measures for 
29 
redressing the wrong complainl:1d of, and he shall, as soon as possible, send to thl:1 Chil:1f of Staff 
30 
of the Armed FOfces ofthe Philippines or thl:1 Commaudant ofthe Philippine Coast Guard a true 
31 
statement of that complaint, with the proceedings had thl:1reon. 
32 
33 
Art. 14S. Redress of Damage to Property •• 
34 
, a. Whenever complaint is made to any commanding \>fficer that a damage has been done 
I 
35 
to the' property of any person or that of his property has been wrongfully taken by persons 
36 
subject to military law, he may, subject to such regulations as the President may prescribe, 
37 
convene a board to investigate the complaint. The bgard shall consist of from one to three 
38 
officers and, for the purpose of that investigation it shall have the power to summon witnesses 
44 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
and examine them upon oath and affirmation, to receiv~ 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 amonnt 
approved by him and shall be charged against the pay of the offenders. The order of the 
commanding officer directing the charges herein authorize is conclusive on any disbursing 
officer for the payment by him to the injured parties of the damages so assessed and approved. 
h. If the offenders cannot be ascertained, but the orgil;Uization or detachment to which 
, 
they belong is known, charges totaling the amount of damages assessed and approved may pe 
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 inflicfed as 
determined by the approved findings of the board. 
I 
! 
I 
Art. 146. Officers, Separation from the Service. - No officer shall be dismissed from 
the service except by order of the President or by senteolXl 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 or the Philippine Coast Guard, 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. 
21 
Art. 147. Soldiers - Separation from· the Service. - No enlisted personnel in the service 
22 
of the Anned Forees of the Philippines or the Philippine Coast Guard shall be discharged from 
23 
said service before his tenn of service has expired, except by order of the President, the Chief of 
24 
Staff of the Armed Forces of the Philippines or the Commandant of the Philippine Coast Guard, 
25 
and the commanders of the Major Services or by sentence of a court-martial. The ,authority of the 
, 
26 
President, the Chief of Staff of the AFP and the Commandant of the PCG and Commanders of 
27 
the Major Services of the, AFP to order the discharge of an enlisted personnel may be delegated 
28 
by administrative regulation. 
29 
30 
Art. 148. Constitutionality. - If for any reasons or reason, any part of this Act shall be 
31 
held to be unconstitutional or invalid, other parts hereof which are not affected thereb1' shall 
, 
32 
continue to be in full force and effect. 
' 
33 
34 
Art. 149. Transitory Prl)visions. - All offenses cotpmitted and all penalties, forfeitures, 
35 
fines or liabilities incurred prior to the effective date of this Act under any: law embraced in or 
36 
modified, changed or repealed by this Act shall be prosecllted, punished, and enforceli, and 
'I 
[, 
37 
action thereon completed, in the same manner and \vith the same effect as if $is Act had not 
38 
been passed. However, if the pen31 provisions for an offense under this Act are more favoraj:l!e or 
! 
' 
45 
'j 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
I 
i , 
I' 
I I 
i. 
I 
I 
I 
'I 
i 
. 
I 
less severe to the offender than those in force at the time the offense waS committed, wid suc~ 
offense is pending prosecution at the time the corres~ondingproyision~ oftjrls .(\ct take effect, ;r 
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. 
I I I 
, 
: 
I 
! 
j 
" 
, 
. Art. 150. Applicability. " Provisions of this Act which attach a PeI\alty or deprivation of 
J 
1 
• 
rights to acts or omissions which were not so penalized by the fonner laws, are not applicable to 
i 
! 
those who, when sllid 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 dllte 
, 
I 
Iii; 
this Act comes into effect and the same subsi*s, is maiftained or repeated after the applicable 
provisions of this Act have become operative, tjIe sancti6nlor PeIjalty pr<;scribed in this Act shall 
be, applied, even though the previous laws ~ay not have prdvided any sanction pr penalty 
I 
therefor. 
I 
Art. 151. Repealing Clause. - All laws! presidential decrees, i~suances, executive orde~~, 
rules and regulations or parts thereof inconsistent with the provisioJ;lS of this Act are hereby 
repealed or modified accordingly. Subject to the provi~ions of Article 147, any substantive ri~ts 
I ,  
or liabilities existing under such laws or parts thereof prior to the effective date of thif Act shall 
not be affected by this repeal and this Act shall ~ot be effective to authorize the trial or 
punishment for any crime or offense barred by the provisions of existing law. 
23 
Art. 152. Appropriation of Funds. - For the purpose of this Act, an initial I amount ef 
24 
fifty million pesos or so much thereof as may be necessary is hereby appropriated out of any 
25 
funds in the National Treasury not otherwise appropriated to cover the salaries of the Presiding 
26 
Justice and five Associate Justices, the clerk of court and deputy hJerks of court, other officers 
27 
and employees, and other expenses of the Court of Military Appeals, and thereafter, the aforesaid 
. 28 
amount or so much thereof as may be necessary will be included in the annual General 
29 
Appropriations Act. 
30 
31 
Art. 153. Effectivity. " This Act shall take effect fifteen (15) days after its publication in 
32 
two (2) newspapers of general circulation or the Official Gazette. file publication shall b~ made 
33 
not later than thrity (30) days after the approval thereof. 
I 
34 
35 
Approved, 
46