{ REPUBLIC OF THE PHILIPPINES
' HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1209

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIL

EXPLANATORY NOTE

Article XVI, Sec. 4 of the Constitution states that "The Armed Forces of the Philippines shall be
composed of a citizen armed force which shall undergo military training, and serve as may be
provided by law. It shall keep a regular force, necessary for the security of the State." The
‘Armed Forces, therefore, is mandated to defend the country against threats to national peace and
security.

The Constitution further provides that the State shall also promote professionalism in the armed
forces by providing adequate remuneration and benefits to its members. The proper recognition
of the different contributions of service men and women is also considered an effective way of
promoting 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 Armed 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 play a crucial role. These
are important factors in maintaining the effectiveness and combat readiness of the military and
the PCG.

In view of the foregoing, the immediate passage this Act is earnestly sought.

Representail

Magdalo Para $d Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 1209

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIL

AN ACT
PROVIDING FOR THE CODE OF MILITARY JUSTICE FOR THE ARMED FORCES
OF THE PHILIPPINES AND THE PHILIPPINE 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 Senate and the House of Representatives of the Philippines in
Congress assembled:

TITLE L GENERAL PROVISIONS

ARTICLE 1. Applicability. — These articles shall at all times and in all places govern
the administration of military justice in the Armed Forces of the Philippines and the Philippine
Coast Guard (pursuant to Sections 2 and 6 of Republic Act 9993 or The Philippine Coast Guard
Act of 2009) and shall apply to all persons subject to military law.

Art. 2. Definition of Terms. - The following words when used in these articles shall be
construed in the sense indicated in this article, unless the context shows that a different meaning
is intended:

a “Active service” means active service rendered by a military person as a
commissioned officer, enlisted man, cadet, probationary officer, trainee or draftee in the Armed
Forces of the Philippines and the Philippine Coast Guard (PCG) and service rendered by him as
a civilian official or employee in the Philippine Government prior to the date of his separation or
retirement from the Armed Forces of the Philippines or the Philippine Coast Guard, for which
military and/or civilian service he/she shall have received pay from the Philippine Government

and/or such others as may hereafter be prescribed by law as active service;


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b. _“Accuser” means an officer who signs and swears to the charges, or directs that
charges nominally be signed and sworn to by another, or has an interest other than an official
interest in the prosecution of the accused;

©. “Battalion” includes a squadron or equivalent unit of the ground, air or naval
forces;
a “Cadet” includes cadets of the Philippine Military Academy (PMA), aviation

cadets of the Philippine Air Force Flying School, and students of an Officer's Candidate Training
School of the Armed Forces of the Philippines who are not commissioned officers or soldiers on
active duty, or sent by Philippine Government to foreign service academies;

e. “Commanding Officer” refers to commissioned officers only;

£ “Company” includes a troop, battery, commissioned vessel, or equivalent unit of
the ground, air or naval forces;

£ “Judge Advocate” means any officer commissioned in and of the Judge Advocate
General's Service;

h. “Legal Officer” means any lawyer-officer designated to perform legal duties in a
command relating to the administration of military justice;

i “Member of the Armed Forces of the Philippines” includes an officer, cadet,

soldier, trainee, draftee or candidate soldier and all persons who retired from and in the inactive
service of the Armed Forces of the Philippines;

j “Member of the Philippine Coast Guard” includes an officer, cadet, seaman or
sailor, trainee, draftee or candidate seaman or sailor and all persons who retired from and in the
inactive service of the Philippine Coast Guard;

k “Officer” means a commissioned officer in the Armed Forces of the Philippines
and the Philippine Coast Guard;

1 “Soldier” means a person in enlisted grade, trainees, draftees or candidate
soldiers;

m. “Superior Officer” means a commissioned officer superior in rank or command;

a “Suspendee” is a convicted military personnel whose execution of sentence is

suspended or held in abeyance;

°. “Enemy” shall be construed to include also lawless elements or any person or
group of persons against whom any pacification campaign is directed by the government;

P. A “safeguard” signifies a special privilege of protection for persons, household,
or property - all or either - against military marauders or other disorderly parties, granted by a


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military commander to certain private individuals, to corporations, or to hospitals or other public
institutions, or places;

4. “Manifest Impediment” refers to such conditions as being held a prisoner of war
in hands of the enemy, or being imprisoned under the sentence of a civil court upon conviction
of crime - during the whole or a portion of the period of limitation.

Art. 3. Persons Subject to Military Law. ~ The following persons shall be understood as
included in the term "any person subject to military law”, whenever used in these articles:

a All officers and soldiers in the active service of the Armed Forces of the
Philippines, and soldiers awaiting issuance of re-enlistment orders after expiration of their terms
of enlistment; all members of the reserve force from the dates of their call to active duty or
mobilization training and while on such active duty or training; all trainees, draftees or candidate
soldiers undergoing military training or service; all volunteers from the time of their muster or
acceptance into the Armed Forces of the Philippines; and all other persons lawfully called,
drafted or ordered into or for training in, in the Armed Forces of the Philippines, from the dates
they are required by the terms of the call, draft, or obey the same;

b. All officers and personnel in the active service of the Philippine Coast Guard
(PCG) as defined under Section 15 of Republic Act No. 9993;

©. Cadets and probationary second lieutenants or its equivalent in the navy;

d. Prisoners of war in the custody of the Armed Forces of the Philippines;

e. All retainers to the camp and all persons accompanying or serving the Armed

Forces of the Philippines in the field in time of war or when martial law is declared though not
otherwise subject to these articles; and

f Persons serving sentences imposed by courts-martial, except those transferred to
a penitentiary to serve their sentences thereat, unless said persons had already been arraigned
before a court-martial for offenses other than those for which they are serving sentences.

Art. 4. Jurisdiction to Try Certain Personnel. —

a Subject to the provisions of Article 32, a person discharged from the service who
is later charged with having fraudulently obtained his discharge may be tried by court-martial on
that charge. Upon conviction of that charge, he is subject to trial by court-martial for all offenses

under these articles committed before the fraudulent discharge.


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b. _No person who has deserted from the Armed Forces of the Philippines shall be
relieved from amenability to the jurisdiction of these articles by virtue of separation from any
later period of service.

¢. __Any person who committed any offense punishable under Article 140 while in the
service of the Armed Forces of the Philippines or the Philippine Coast Guard and who is
released from active duty, discharged, separated, dismissed from the service, or dropped from
the rolls pursuant to Article 147, shall continue to be liable to be apprehended and held for trial
and sentence by a court-martial for said offense in the same manner and to the same extent as if
he had not been released from active duty, discharged, separated, or dismissed from the service,
or dropped from the rolls.

4. Any person who, while in the service of the Armed Forces of the Philippines,
commits embezzlement of money or other property entrusted to his charge by any military
person or persons who are released from active duty, or discharged, or dismissed from the
service, or dropped from the rolls pursuant to Article 147, shall continue to be liable to be
apprehended and held for trial and sentence by a court-martial for said offense in the manner and
to the same , extent as if he had not been released from active duty, discharged, separated, or
dismissed from the service or dropped from the rolls.

Art. 5. Judge Advocate and Legal Officers. —

a Convening authorities, shall at all, times communicate directly with their Staff
Judge Advocates or Legal Officers in all matters relating to the administration of military justice,
or vice versa. Intermediate or coordinating staffs concerned shall be informed accordingly for
monitoring purposes.

b. No person who has acted as a member, military judge, trial judge advocate,
assistant trial judge advocate, defense counsel, assistant defense counsel of a court martial,
investigating officer or witness in any case, may later act as a staff judge advocate or legal

officer to any reviewing authority upon the same case.

TITLE I — APPREHENSION, ARREST AND CONFINEMENT

Art. 6. Apprehension. —
a. Apprehension is the taking of a person into custody.
b. Any person authorized under regulations governing the Armed Forces of the
Philippines or the Philippine Coast Guard may apprehend persons subject to these articles or to

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trial thereunder upon personal knowledge that an offense has been committed and that the person
apprehended committed it.

c. Any person making an apprehension shall make an immediate report to the
Commanding Officer to whom the apprehending person is responsible. He shall also, within six
(6) hours from the time of the apprehension, make a report to the immediate commander of the
person apprehended, or superior commissioned officer if it is impractical to inform the
immediate commander, without prejudice to the completion of the investigation if the same has
not been completed. Within twelve (12) hours from the time of apprehension, the Commanding
Officer of the apprehending unit shall tumover the apprehended person together with the record
of the investigation to the immediate commander of the person apprehended or superior
commissioned officer.

4. Nothing in this article shall limit the authority of persons authorized to apprehend
offenders to secure the custody of an alleged offender until proper authority is notified.

Art. 7. Apprehension of Deserters by Civil Authorities. — Any civil officer having
authority under the laws of the Philippines to arrest offenders may summarily apprehend a
deserter from the Armed Forces of the Philippines and deliver him into the custody of the
authorities concerned.

Art. 8 Arrest and Confinement. — The Commanding Officer or any responsible officer
may take an accused charged before a court-martial into custody during the pendency of the
case, subject to the approval of the court.

When the presence of the accused is specifically required by a court-martial, his
custodian, after due notice, shall immediately produce the accused before the court on the date
and time specified in the notice. If the accused fails to appear in person as required, the
custodian shall be given fifteen (15) days within which to produce his principal. Within the said
period of fifteen (15) days, the custodian must (a) produce the body of the principal or give the
reason for his non-production and (b) must explain satisfactorily why the accused did not appear
before the court when first required to do so. Failing in these two requisites, the custodian shall
be punished as a court-martial may direct. The court-martial will then issue an order for the
arrest of the accused, which shall be enforceable anywhere in the Philippines.

Art. 9. Arrest or Confinement of Persons Charged with Offenses. —


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a. Any person subject to military law and charged with an offense punishable under
these articles shall be ordered into arrest or confinement, as circumstances may require; but
when charged only with a minor offense punishable by not more than thirty (30) days
confinement, he shall not ordinarily be placed in physical restraint, unless there exist reasonable
grounds to believe that:

(1) the person will not appear at the investigation or pre-trial investigation or trial;

(2) he will engage in serious criminal misconduct; or

(3) he has committed other offenses under these articles covered by court-martial.

When a person is placed under arrest or confinement prior to trial, he shall immediately
be informed of the nature of the offense or offenses for which he is being held in arrest or
confinement;

b. Any person placed in arrest under the provisions of this article shall thereby be
restricted to his barracks, quarters or tent, unless such limits shall be enlarged or modified by
proper authority.

c. Not later than eight (8) days after ordering a person into arrest or confinement, or
after receipt of a report that a member of the commander's unit has been apprehended, the
immediate commander shall decide whether the order of arrest or confinement of the
apprehended person will continue. The release of the person ordered arrested or confined shall
be directed by the immediate commander, unless he believes there exists reasonable grounds
that:

(1) the person will not appear at the investigation, or pre-trial investigation or trial:

(2) he will engage in serious criminal misconduct; or

(3) unless severe forms of restraint are inadequate:

Provided, however, That whenever an accused has undergone pre-trial restraint for a
period equal to or more than the imposable minimum imprisonment for the offense charged to
which he may be sentenced and his case is not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial hereof or the proceeding on appeal if the same
is under review: Provided, finally, that the pre-trial restraint shall in no case exceed ninety (90)
days without formal charges being referred to the Trial Judge Advocate for trial


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Art. 10. Confinement with Enemy Prisoner Prohibited. - No member of the Armed
Forces of the Philippines shall be placed in confinement in immediate association with enemy
prisoners or other foreign nationals.

TITLE Ll —- NON-JUDICIAL PUNISHMENT

Art. 11. Disciplinary Powers of Commanding Officers. —

A. The commanding officer of any detachment, company, battalion, squadron,
commissioned vessel, or higher command, or such other officers as may be authorized by the
President, may, for minor offenses, impose disciplinary punishments upon persons of his
command without the intervention of a court-martial. A commanding officer exercising court-
martial jurisdiction or an officer of general or flag rank in command may delegate his power
under this article to a principal assistant.

B. Any commanding officer may, in addition to or jn lieu of admonition, reprimand,
impose one or more of the following disciplinary punishments:

(1) Upon Officers of his Command:

(a) Withholding of privileges for not more than thirty consecutive days;

(b) Restriction to certain specified limits, with or without suspension from duty, but
for not more than thirty consecutive days;

(c) Arrest in quarters for not more than fifteen consecutive days;

() Forfeiture of not more than one-half of one month's base pay;

(e) Detention or withholding of not more than one-half of one-month's base pay per
month for three months;

(f) Deprivation of liberty on shore not exceeding thirty days for those attached or
embarked in a commissioned vessel of the Philippine Navy or Philippine Coast
Guard;

(g) If imposed by an officer exercising court-martial jurisdiction or by an officer of
general or flag rank in command:

(i) Withholding of privilege for not more than sixty consecutive days;

(ii) Restriction to certain specified limits, with or without suspension from
duty, for not more than sixty consecutive days;

(iii) Arrest in quarters for not more than thirty consecutive days;

(iv) Forfeiture of not more than one-half of one-month's base pay per month

for three months;


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(v) Detention or withholding of not more than one-half of one-month's base
pay per month for six months;

(vi) Deprivation of liberty on shore not exceeding sixty consecutive days, for
those attached to or embarked in a commissioned vessel of the Philippine
Navy or the Philippine Coast Guard.

(2) Upon other personnel of his command:

(a) Withholding of privilege for not more than thirty consecutive days;

(b) Restriction to certain specified limits, with or without suspension from duty, for
not more than thirty consecutive days;

(c) Arrest in quarters for not more than fifteen consecutive days;

(@ Forfeiture of not more than one-half of one month's base pay;

(©) Detention or withholding of not more than one month's base pay per month for
three months;

(£) With respect to those attached to or embarked in a commissioned vessel of the
Philippine Navy or Philippine Coast Guard:

(i) Deprivation of liberty on shore not exceeding thirty consecutive days;
(ii) Confinement on diminished rations for not more than three consecutive
days,

(g) Confinement not under guard for not more than fifteen consecutive days;

(h) Hard labor without confinement for not more than fifteen consecutive days;

(@ Extra duties, including fatigue or other duties, for not more than fifteen
consecutive days;

G) Correctional custody for not more than fifteen consecutive days;

(k) Reduction to the next inferior pay grade, if the grade from which demoted is
within the promotion authority of the officer imposing the reduction or any
officer subordinate to the one who imposes the reduction;

(I) If imposed by an officer in the grade of Lieutenant Colonel or Commander:

(i) Withholding of privileges for not more than sixty consecutive days;

(ii) Restriction to certain specified limits, with or without suspension from
duty, for not more than sixty consecutive days;

(iii) Arrest in quarters for not more than thirty consecutive days;

(iv) Forfeiture of not more one half of one month's base pay per month for two

months;


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(v) Detention or withholding of not more than one month's base pay per
month for six months;
(vi) With respect to those attached to or embarked in a commissioned vessel
of the Philippine Navy or Philippine Coast Guard, deprivation of liberty on
shore not exceeding sixty consecutive days, or confinement on diminished
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.

C. The officer or his successor in command who imposed the punishment may, at
any time, suspend provisionally any part or amount of the unexecuted punishment imposed and
may suspend provisionally a reduction in grade or a forfeiture, whether or not executed. He may
also at any time remit or mitigate any part or amount of the unexecuted punishment imposed and
may set aside, in whole or in part, the punishment whether or not executed, and restore all rights,
privileges and property affected. He may also mitigate a reduction in grade to forfeiture or
detention of pay.

D. A person punished under this article who considers his punishment unjust or
disproportionate to the offense may, through the proper channel, appeal to the superior authority,
but may in the meantime be required to serve the punishment imposed. The superior authority
may exercise the same powers with respect to the punishment imposed as may be exercised
under the preceding subsection by the officer who imposed the punishment.

E. The imposition and enforcement of disciplinary punishment under this article for
any act or omission shall not be a bar to trial by court-martial for a serious crime or offense
growing out of the same act or omission, and not properly punishable under this article; but the
fact that a disciplinary punishment has been enforced may be shown by the accused upon trial,


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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.

F, Under such regulations as the President may prescribe, limitations may be placed
on the powers granted by this article with respect to the kind and amount of punishment
authorized and the categories of commanding officers authorized to exercise these powers. Rules
may also be prescribed with respect to the suspension, apportionment, remission, mitigation,
setting aside of the punishments imposed, or the restoration of rights and privileges properly
affected by the punishment imposed, and the form of records to be kept of proceedings under
this article, and what categories of these proceedings shall be in writing.

G. Any officer meted punishment under this article by an officer exercising court-
martial jurisdiction shall automatically be considered on non-promotable status for a period of
one. year from the date of the imposition of the punishment. The imposition of three or more
disciplinary punishments during the three years next preceding the consideration for promotion
of an officer shall constitute a ground for deferment from promotion of the officer. Any enlisted
person meted punishment under this article by an officer in the grade of lieutenant colonel or
commander shall automatically be considered on non-promotable status for a period of one year
from the date of the imposition of the punishment.

TITLE LV - COURT-MARTIAL

Art. 12. Court-Martial. — A court-martial shall be composed of a military judge and two
members; or only a military judge, if before the arraignment, the accused, after consultation with
his defense counsel, requests orally on the record or in writing that he be tried by a court
composed only of a military judge and said request is approved by the convening authority:
Provided, however, That whenever there are more than one accused and they could not agree as
to which court-martial would try them, they shall be tried by a military judge and two members,

Art. 13. Jurisdiction of Court-Martial. — The court-martial shall have the power to try
persons subject to these articles and any other person who by the law of war is subject to trial by
court-martial. Under such limitations as the President may prescribe, it may adjudge any
punishment authorized by law or the customs of the service. In the Philippine Navy and the
Philippine Coast Guard, a court-martial may impose deprivation of liberty on shore as a
punishment, or solitary confinement not exceeding thirty days, or solitary confinement on
diminished rations not exceeding thirty days


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Art. 14. Who May Convene Court-Martial, — The President of the Philippines, the Chief
of Staff of the Armed Forces of the Philippines, the Commanders of the Major Services of the
‘Armed Forces of the Philippines, the Commander of the Philippine Coast Guard, the
commanding officer of Area Commands; commanders of task forces, divisions, separate
brigades or body of troops and their respective equivalents in the Navy or Air Force or the
Philippine Coast Guard, provided they have Staff Judge Advocate; and the Superintendent of the
Philippine Military Academy and commanders of a Contingent of the Armed Forces of the
Philippines serving in a foreign country, may convene a court-martial; but when any such
commanding officer is the accuser or the prosecutor of the person or persons to be tried, the
court shall be convened by competent higher authority.

Art. 15. Who May Serve in Court-Martial. — The following may serve in a court-
martial:

a Any officer on active duty in the Armed Forces of the Philippines or the
Philippine Coast Guard shall be competent to serve in a court-martial for the trial of any person
who may lawfully be brought before such court for trial.

b. Any enlisted person in the active military service of the Armed Forces of the
Philippines or the Philippine Coast Guard who is not a member of the same company as the
accused shall be competent to serve in a court-martial for the trial of any enlisted member,
draftee, trainee, or candidate soldier who may lawfully be brought before such court for trial.

cc. When convening a court-martial, the convening authority shall detail as members
thereof those officers of the command and, when eligible and available, those enlisted members
of the command who, in his opinion, are best qualified for the duty by reason of age, education,
training, experience, length of service and judicial temperament.

d. When it can be avoided, no member of the Armed Forces of the Philippines or
Philippine Coast Guard shall be tried by court-martial any member of which is junior to the
fomer in rank or grade.

e. No person shall be eligible to sit as member of a court-martial when he is the
aceuser or a witness for the prosecution or defense, or has acted as investigator or as counsel in
thesame case.

f. An accused enlisted person may request orally or in writing prior to the
arnignment that an enlisted person serve in the court which is to try him: Provided, That in no
cae shall the number of enlisted persons detailed exceed one-third of the total membership of

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the court: Provided, further, That failure of the convening authority to designate an enlisted
person as a member of the court because eligible enlisted members cannot be designated on
account of physical conditions or military exigencies shall not preclude the court from
proceeding with the trial nor shall it affect the validity of the proceedings taken thereon, but the
convening authority shall make a detailed written statement, to be appended to the record, stating
why they could not be designated; Provided, finally, That no enlisted person shall act as member
of a court-martial when one of the accused is an officer.

Art. 16. Military Judge of Court-Martial, - The convening authority shall detail to the
court-martial a member of the bar, hereafter called military judge, who shall be an officer of the
Judge Advocate General's Service or an officer who is a member of the Philippine Bar of some
other branch of service and who is certified to be qualified for duty as a military judge by the
Judge Advocate General. No court-martial shall convene or receive evidence in the absence
ofthe military judge regularly detailed. The military judge, in addition to his duties as such, shall
perform such other duties as the President may, by regulations prescribe. No person is eligible to
act as a military judge in any case if he is the complainant or a witness for the prosecution or has
acted as investigating officer or counsel in the same case.

Art. 17. Detail of Trial Judge Advocate and Defense Counsel. —

a. For each court-martial, the authority convening the court shall detail a Trial Judge
Advocate and a defense counsel certified as competent to perform such duties by the Judge
Advocate General; and for each court-martial, one or more assistant Trial Judge Advocates and
‘one or more assistant defense counsels when necessary.

b. _No person who has acted as investigating officer, military judge or court member
in any case may act later as Trial Judge Advocate, Assistant Trial Judge Advocate, or unless
expressly requested by the accused, as defense counselor assistant defense counsel in the same
case. No person who has acted for the defense may act later in the same case for the prosecution.

Art. 18. Detail or Employment of Reporters, Interpreters and Bailiffs. —

a. Under such regulations as the President may from time to time prescribe, the
convening authority of a court-martial shall detail or employ qualified court reporters, who shall
record the proceedings and testimony taken before such court and may take down the same, in
the first instance, in shorthand. Under like regulations, the convening authority of a court-martial
shall detail or employ an interpreter or interpreters, who shall interpret for the court.


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b. The convening authority of a court-martial shall detail at least two bailiffs who
shall attend at the proceedings of the court to maintain, order, to serve warrants, summons and
any other process issued by the court, and to execute orders of the court. It shall also be the duty
of the bailiff to protect the officers of the court and secure the prisoner/accused during the trial.
The order appointing a military court shall include the detail of at least two bailiffs who shall be
selected from the enlisted personnel of the Provost Marshal. In the performance of its duties, the
Provost Marshal shall extend its maximum support particularly in the service of warrants,
summons and any other process and orders issued by the court. The bailiffs shall be under the
direct supervision and control of the court during the trial.

Art. 19, Absent and Additional Member. - No member of a court-martial shall be
Zelieved or excused after the accused has been arraigned, except for physical disability as a result
of a challenge for cause duly proved, or by order or the convening authority for a good cause.

TITLE V - PRE-TRIAL PROCEDURE

Art. 20. Challenges. - Except for the military judge, members of a court-martial may be
challenged by the accused or trial judge advocate for cause stated to the court. However, for
good cause shown, the accused or the trial judge advocate may request in writing the convening
authority for the relief of the military judge.

Art. 21. Compulsary Self-Incrimination Prohibited. —

a. _No person shall be compelled to incriminate himself, or to answer any question
the answer to which may tend to incriminate him.

b. _ No person shall be compelled to make a statement or produce evidence before or
for use before a court-martial, board, or officer conducting an investigation or designated to take
a deposition if the statement or evidence is not material to the issue and may tend to degrade
him.

©. No person may interrogate or request any statement from an accused or a person
suspected of an offense without first informing him of the nature of the accusation and advising
him that he does not have to make any statement regarding the offense of which he is an accused
or suspected of committing and that any statement made by him may be used as evidence against
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d. No statement obtained from any person in violation of this article or in violation
of the Constitution or existing laws or through the use of coercion, unlawful influence, or
unlawful inducement may be received in evidence against him.

Art. 22. Forwarding of Charges. - When a person had committed an act within the
jurisdiction of a court-martial, the commanding officer shall, within eight (8) days after the
accused is ordered into arrest or confinement, forward the charges, together with the
investigation report and allied papers, to the Staff Judge Advocate or legal officer who shall
forthwith prepare the appropriate charge sheet, if warranted, and designate a Pre-Trial
Investigation Officer.

Art. 23. Pre-Trial Investigation. ~ bs

a —_No charge or specification may be referred to a court-martial for trial until a
thorough and impartial investigation of all the matters set forth therein has been made. This
investigation shall include inquiry as to the truth of the matter set forth in the charges,
consideration of the form of charges and a recommendation as to the disposition which should
be made of the case in the interest of justice and discipline.

b. At such investigation, the accused shall be informed of the charges against him
and advised of his constitutional rights. He shall within ten days from receipt of the charge sheet
and all the evidence against him be given full opportunity to present his own evidence or

anything that he may present in his own behalf, either in defense or mitigation. The investigation
officer may examine available witnesses requested by the accused. If the charges are forwarded
after such investigation, they shall be accompanied by a pre-trial investigation report containing
a statement of the substance of the testimony taken on or submitted by both sides.

c. The investigation shall, as far as practicable, be completed within a period of
twenty (20) days, otherwise, the pre-trial investigation officer shall report to the convening
authority the reasons for delay and request extension of the period to complete the pre-trial
investigation: Provided, however, That the total period of extension that may be granted shall
not exceed ten (10) days

Art. 24.Advice of Staff Judge Advocate and Reference for Trial. —
a Before directing the trial of any charge by a court-martial, the convening
authority shall refer the same to his staff judge advocate or legal officer for consideration and

advise. The convening authority may not refer a specification under a charge to a court-martial

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for trial unless he has found that the specification alleges an offense under these articles and is
warranted by the evidence indicated in the report of investigation.

b. If the charges or specifications are not formally correct or do not conform to the
substance of the evidence contained in the report of the investigating officer, formal corrections,
and such changes in the charges and specifications as are needed to make them conform to the
evidence, may be made.

Art. 25, Service of Charges. — The trial judge advocate to whom court-martial charges
are referred for trial shall cause to be served upon the accused a copy of the charges upon which
trial is to be had, and a failure to serve such charges will be ground for a continuance unless the
trial to be had on the charges as have been served previously upon the accused. In time of peace,
no person may against his objection, be brought to trial before a court-martial within a period of
five (5) days subsequent to the service of charges upon him.

TITLE Vi— TRIAL PROCEDURE

Art. 26. President May Prescribe Rules. - The President may by regulation which he
may modify from time to time, prescribe pre-trial, trial and post-trial procedures, including
modes of proof, for cases arising under these articles within the jurisdiction of a court-martial,
and which regulations shall, as far as he considers practicable, apply the principles of law and
the rules of evidence in the courts of justice of the Philippines, but which shall not be contrary to
or inconsistent with these articles.

Art. 27. Duties of Trial Judge Advocate and Defense Counsel. ~

a, The trial judge advocate of a court-martial shall prosecute in the name of the
People of the Philippines, and shall, under the direction of the court, prepare the record of the
proceedings.

b. The accused has the right to be represented in his defense before a court-martial
or at an investigation under Article 23 by civilian counsel, or by military counsel of his own
selection if reasonably available, or by the defense counsel duly detailed under Article 17. If the
accused is represented by civilian or military counsel of his own selection, the detailed military
defense counsel and assistant military defense counsel shall act as associate defense counsel and
shall take over the defense of the accused whenever the counsel of choice is not available for any

reason.

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©. In every court-martial proceeding, the defense counsel may, in the event of
conviction, submit in writing for attachment to the record of proceedings a brief of such matters
as to clemency and as he determines should be considered in behalf of the accused by the
members of court or the reviewing authority, including any objection to the contents of the
record which he considers appropriate.

d. An assistant trial judge advocate and assistant defense counsel may, under the
direction of the trial judge advocate and military defense counsel, respectively, and subject to the
requirement of Article 17, perform any duty imposed by law, regulations, or customs of the
service upon the trial judge advocate and defense counsel for the accused, respectively.

Art. 28. Closed Sessions. - Whenever a court-martial shall sit in closed session, the trial

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assistance in referring to the recorded evidence is required, it shall be obtained in open court, and
in the presence of the accused and of his counsel.

Art. 29. Continuances. - A court-martial may, for reasonable cause, grant a continuance
to any party for such time and as often as may appear to be just and proper.

Art. 30. Challenges. - The members of a court-martial may be challenged by the
accused or the trial judge advocate for cause stated to the court. The court shall determine the
relevance and validity of challenges for cause. It may not receive a challenge to more than one
person at a time. Challenges by trial judge advocate shall ordinarily be presented and decided
before those by the accused are offered. No peremptory challenge shall be allowed,

Art. 31. Oaths. — Before performing their respective duties, military judges, members of
courts-martial, trial judge advocate, assistant trial judge advocate, defense counsel, assistant or
associate defense counsel, reporters, and interpreters shall take an oath or affirmation to perform
their duties faithfully. The form of the oath or affirmation, the time and place of the taking
thereof, the manner of recording the same, and whether the oath or affirmation shall be taken for
all cases in which these duties are to be performed or for a particular case, shall be as prescribed
in regulations by the President.

Art. 32, Period of limitation. — Except for desertion, mutiny or for war offenses
punishable under these articles and for murder or rape committed in times of war, no person

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subject to military law shall be tried or punished by a court martial for any crime or offense
committed more than three (3) years before the charge sheet is referred to the trial judge
advocate for trial: Provided, That for desertion in time of peace or for any crime or offense
punishable under Article 139 and140, the period of limitation upon trial and punishment by
court-martial shall be five (5) years from the time the offense was discovered by the authorities:
Provided, further, That the period of any absence of the accused from the jurisdiction of the
Philippines or any period during which by reason of some manifest impediment the accused is
not amenable to military jurisdiction, shall be excluded in computing the aforesaid periods of
limitations: Provided, also, That for any crime or offense the trial of which in time of war is
certified to the President by the Secretary of National Defense to be detrimental to the
prosecution of the war or inimical to the national security, the period of limitation prescribed in
this Article for the trial of said crimes and offenses shall-be extended to the duration of the war
and one year after the termination of hostilities as proclaimed by the President or by a joint
resolution of the Congress: Provided, finally, That this Article shall not have the effect of
authorizing the trial and punishment for any crime of offenses barred by the provisions of
existing law.

Art. 33, Former Jeopardy. —

a. No person shall be tried a second time for the same offense, but no proceeding in
which an accused has been found guilty by a court-martial upon a charge or specification shall
be considered a trial in the sense of this article until the reviewing and, if there be one, the
confirming authority, shall have taken final action upon the case.

b. A proceeding which, after the introduction of evidence but before a finding, is
dismissed or terminated by the convening authority or on motion of the prosecution for failure of
available evidence or witnesses without any fault of the accused, is a trial in the sense of this

article.

Art. 34, Pleas of the Accused. ~ If an accused after arraignment makes an irregular plea,
or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has
entered the plea of guilty through negligence or through lack of understanding of its meaning
and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and
the court shall proceed as though he had not pleaded not guilty

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Art. 35. Process to Obtain Witness and Other Evidence. — Every trial judge advocate,
defense counsel and every court-martial shall have equal opportunity to obtain witnesses and
other evidence in accordance with such regulations as the President may prescribe. Processes
issued in court-martial cases to compel witnesses to appear and testify and to compel witnesses
to appear and testify and to compel the production of other evidence shall be similar to that
which courts of the Philippines having criminal jurisdiction may lawfully issue and shall be
enforceable in any part of the Philippines.

Art, 36. Refusal to Appear or Testify. — Any person subject to military law shall be
guilty of contempt if he has been duly subpoenaed to appear as a witness before any court-
martial, board, or officer appointed to conduct investigation under the provisions of Article 23 or
before any military or civil officer designated to take a deposition to be read in evidence before
such court, board, or officer and he wilfully neglects or refuses to appear, or refuses to qualify as
a witness, or testify, or produce documentary evidence which such person may have been legally
subpoenaed to produce: Provided, however, That the witness shall be entitled to such fees and
traveling expenses as the Chief of Staff, Armed Forces of the Philippines may prescribe, which
shall be duly paid or tendered to the witness. Such amount shalll be paid out of the appropriations
of the Armed Forces of the Philippines.

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

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or the Commandant of the Philippine Coast Guard may prescribe which shall be given to the
witness within a reasonable period of time prior to the hearing and that such amount shall be
paid out of the appropriations of the Armed Forces of the Philippines.

Art. 38. Depositions. —

a. At any time after charges have been signed as provided in Article 20, any party
may take oral or written depositions unless an authority competent to convene a court-martial for
the trial of those charges forbids it for good cause. If a deposition is to be taken before charges
are referred for trial, such an authority may designate officers to represent the prosecution and
the defense and may authorize those officers to take the deposition of any witness.

b. __Depositions to be read in evidence before military boards, or for other use in
military administration, may be taken before and authenticated by any military or eivil officer
authorized by the laws of the Philippines or by the laws of the place, where the deposition is
taken to administer oaths.

c. The party at whose instance a deposition is to be taken shall give to every other
party reasonable written notice of the time and place for taking the deposition.

A duly authenticated deposition taken upon reasonable notice to the parties, so far as
otherwise admissible under the rules of evidence, may be read in evidence before any military
court, or in any proceeding before a military board, if such deposition be taken where the witness
resides, is found, or is about to go outside of the Philippines, or beyond the distance of one
hundred and fifty (150) kilometers from the place of trial or hearing, and will probably continue
to be absent when the testimony is required; or when it appears to the satisfaction of the court,
board, or convening authority that the witness, by reason of age, sickness, bodily infirmity,
imprisonment, military necessity, non-amenability to process, or other reasonable cause, is
unable or refuses to appear and testify in person at the place of trial or hearing or the present
whereabouts of the witness is unknown.

Art.39. Voting and Rulings. —

a Voting by members of a court-martial, where the accused has not opted to be
tried by a military judge alone upon questions of challenge, on the findings and on the sentence,
shall be by secret ballot. The most junior member of the court shall in each case count the votes.
The votes shall be checked by the most senior member who shall forthwith announce the result
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b. The military judge of a court-martial shall rule in open court upon interlocutory
questions. Any ruling made by the military judge upon any interlocutory question other than on a
motion for a finding of not guilty, challenge for cause, or on the question of the sanity of the
accused, shall be final and shall constitute the ruling of the court; but the military judge in any
case may consult other members of the court, in closed session before making a ruling and may
change any ruling made at any time during the trial. If any member objects to a ruling of the
military judge of a court-martial upon a motion for a finding of not guilty, challenge for cause,
oF on the question of the sanity of the accused, the same shall be decided by a majority vote by
viva voce, beginning with the junior in rank. Any such ruling shall be final and shall not be
subject to appeal or review by the civil courts
©. Before a vote is taken on the findings, the military judge shall, in the presence of
the parties, advise the members of the court that: =
1) The accused must be presumed to be innocent until his guilt is established by legal
and competent evidence beyond reasonable doubt;
2) In the case being considered, if there is a reasonable doubt as to the guilt of the
accused, the doubt shall be resolved in favor of the accused and he shall be acquitted:
3) Ifthere is a reasonable doubt as to the degree of guilt, the finding must be in a lower
degree than when there is no such doubt; and
4) The burden of proof to establish the guilt of the accused beyond unreasonable doubt
is upon the prosecution except in cases where the burden is shifted on the defense

Art. 40. Number of Votes Required. —

a. No person shall be convicted:

1) Of an offense for which the death penalty is made mandatory by law, except by the
unanimous vote of all the members of the court-martial;

2) Of any other offense, except by the concurrence of the military judge and another
member; Provided, however, That the voting required under this sub-section shall not
apply in cases where the accused is tried by a military judge alone.

b. No person may be sentenced to:

1) death in offenses expressly made punishable by such in these articles or in any other
applicable provision of law, except by the unanimous vote of all the members of the
court-martial;

2) life imprisonment or confinement for more than six (6) years of any other applicable
Provision of law, except by the concurrence of the military judge and another

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member, Provided, however, That the voting required under this subsection shall not
apply in cases where the accused is tried by a military judge alone.
©) All other questions except interlocutory ones shall be determined by a majority vote or
by the military judge where the accused is tried by a military judge alone.

Art. 41. Court to Announce Action. — A court-martial once it closes to deliberate on its
findings and sentence shall not adjourn until its verdict is announced in open court unless, in the
court’s opinion, good reason exists for not making the finding of guilty and the sentence public
at that time. In this latter event, the most senior member may state in open court that the findings
and the sentence are not to be announced.

Art. 42, Records of Trial. -

a. Each court-martial shall keep a separate record of its proceedings in the trial of
each case brought before it, and such record shall be authenticated by the military judge and the
trial judge advocate. If the record cannot be authenticated by the military judge and the trial
judge advocate by reason of the death, disability, or absence of either or both of them, it shall be
signed by a member in lieu of the military judge and by an assistant trial judge advocate if there
be one, in lieu of the trial judge advocate, otherwise, by another member of the court. If the trial
is by a military judge alone, the records shall be authenticated by the trial judge advocate or by
the assistant trial judge advocate and by the military judge.

b. Every person tried by a court-martial shall, on demand made by himself or by any
person in his behalf, be entitled to a copy of the record of trial

TITLE VII - SENTENCE

Art. 43, Excessive Fines, Cruel and Unusual Punishment Prohibited. —

a. Excessive fines shall not be imposed by any court-martial

b. Cruel and unusual punishment of every kind is prohibited

¢. The use of irons, single or double, except for the purpose of safe custody, is
prohibited,

d. Any fine imposed shall be receipted in the manner as prescribed by regulations

Art. 44, Maximum Limits. —

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a Whenever the punishment for a crime or offense made punishable by these
articles is left to the discretion of the court-martial, the punishment shall not exceed such limit or
limits as the President may from time to time prescribe for that crime or offense.

b. In time of peace, the period of confinement in a penitentiary shall in no case
exceed the maximum period prescribed by law, which, under Article 46, permits confinement in
Penitentiary, unless in addition to the crime or offense so punishable under such law the accused
Shall have been convicted at the same time of one or more other crimes or offenses.

©. A person subject to military law convicted by a court-martial but whose sentence
does not provide for dishonorable discharge shall in no case be promoted for a period of one
year from the time the sentence becomes final and executory.

4 __No reduction in any grade shall be allowed for enlisted personnel convicted by a
court-martial, unless specifically provided for in the sentence. &

© A court-martial may impose a punishment of reduction in rank in mitigation of a
mandatory sentence of dismissal from the service.

Art. 45. Effective Dates of Sentence. —

a Whenever a sentence of a court-martial lawfully adjudged includes a forfeiture of
Pay and allowances in addition to confinement not suspended, the forfeiture shall apply to all
Pay and allowances due and to become due on the date such sentence is approved by the
convening authority.

b. Any period of confinement included ill a sentence of a court-martial begins to run
from the date the sentence is adjudged by the court-martial and the accused shall commence to
serve the sentence. For good behavior, the accused who has undergone confinement shall be
credited in the service of his sentence consisting of deprivation of liberty, with the full time
during which he has undergone preventive confinement.

© All other sentences of court-martial are effective on the date they are ordered
executed.

Art. 46. Execution of Confinement. —

a. Except for desertion in time of war, tepeated desertion in time of peace, and
mutiny, no person under the sentence of court-martial shall be Punished by confinement in a
penitentiary unless an act or omission of which he is convicted is recognized as an offense of a
civil nature and so punishable by penitentiary confinement for more than three (3) years by a law

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of the P hilippines, or by way of commutation of death sentence, and unless, also the period of
confinement authorized and adjudged by such court-martial is more than three (3) years.

b.  Whena sentence of confinement is adjudged by a court-martial upon conviction
of two or more acts or omissions, anyone of which is punishable under these articles by
confinement, the same may be executed in a penitentiary.

c. The penitentiary confinement herein authorized may be served in any penitentiary
under the jurisdiction of the Philippines.

d Persons sentenced to dishonorable discharge and to confinement not in a
penitentiary shall be confined in the Armed Forces of the Philippines Custodial Center or
elsewhere as the President or the reviewing authority may direct, but not in a penitentiary.

€. The omission of the words “hard labor" from any sentence of a court-martial
adjudging imprisonment or confinement does not deprive the authority executing such sentence
of imprisonment of the power to require hard labor as part of the punishment in any case where
it is authorized by regulations prescribing maximum punishments.

f. When the accused who is placed in custody is acquitted, the court shall order his
immediate release from confinement, unless he is being held for some other charge.

TITLE VIE — REVIEW OF COURT-MARTIAL PROCEEDING

Art. 47. Effect of Irregularities. — The proceedings of a court martial shall not be held
invalid nor the findings or sentence disapproved in any case on the grounds of improper
admission or rejection of evidence or for any error as to any matter of pleading or procedure
unless in the opinion of the convening or reviewing authority, after an examination of the entire
proceedings, it shall appear that the error complained of has injuriously affected the substantial
rights of the accused.

Art. 48, Disposition of Records. ~

a. After trial by a court-martial the trial judge advocate shall, with dispatch as
circumstances may permit, forward the original records of the proceedings of each case to the
staff judge advocate or legal officer who shall review and submit his written opinion thereon to
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b. All records of a court-martial proceeding shall, after having been finally acted
upon, be transferred to the Judge Advocate General of the Armed Forces of the Philippines for
safekeeping.

Art. 49. Action by the Convening Authority. —

a. After the judge advocate or legal officer shall have reviewed the record of trial,
he shall forward the same to the convening authority. Action thereon may be taken by the officer
who convened the court, an officer commanding for the time being, a successor in command, or
any officer exercising court-martial juris

ion.

b No sentence of a court-martial shall be carried into execution until the same shall
have been approved by the officer convening the court, or by the officer commanding for the
time being, or by-a successor in command. Unless the convening authority indicates otherwise,
his approval of the sentence is approval of the findings and sentence.

Art. 50. Powers Incident to Power to Approve. - The power to approve the sentence of a
court-martial includes:

a. The power to approve or disapprove a finding of guilty and to approve only so
much of a finding of guilty of a particular offense as involves a finding of guilty of a lesser
included offense when, in the opinion of the authority having power to approve, the evidence on
record requires a finding of only the lesser degree of guilt;

b. The power to approve or disapprove the whole or part of the sentence; and

¢. The power to remand a case for rehearing under Article 52.

Art. 51. Reconsideration and Revision. —

a If a specification before a court-martial has been dismissed on motion and the
finding does not amount to an acquittal, the convening authority may return the record to the
court for reconsideration of the ruling and any further appropriate action.

b. Where there is an apparent error or omission in the record or where the record
shows improper or inconsistent action by a court-martial with respect to a finding or sentence
which can be rectified, without material prejudice to the substantial rights of the accused, the
convening authority may return the record to the court for appropriate action. In no case however
may the record be returned for reconsideration of:

1) An acquittal;

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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.

¢. 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.

Art. 52, Rehearing. —

a A rehearing shall be had in all cases where errors of law have been committed
injuriously affecting the substantial rights of the accused unless in accord with such action, the
finding or sentence are approved in part only, or the record is returned for revision, or unless the
case is dismissed by the reviewing authority.

b. A rehearing shall take place before a court-martial composed of officers, or
officers and enlisted persons, not a military judge or members of the court-martial which first
heard the case. Upon such a rehearing, the accused shall not be tried for any offense of which he
was found not guilty by the first court-martial, and no sentence in excess of or more severe than
the original sentence shall be imposed, unless the sentence is based upon a finding of guilty of an
offense not considered upon the merits in the original proceedings, or unless the sentence
prescribed for the offense is mandatory.

¢. If the reviewing authority disapproves or vacates a sentence the execution of
which has not heretofore been duly ordered, he may authorize or direct a rehearing except where
there is lack of sufficient evidence in the record to support the findings, or when a rehearing is
impractical. If the reviewing authority disapproves the sentence and orders a rehearing, he shall
state the reasons for disapproval. If he disapproves the sentence and does not order a rehearing,
he shall dismiss the charges.

d If the sentence after the first court-martial is approved, but the accused at the
rehearing changes his plea with respect to the charges or specification with which he was found
guilty and sentenced, the sentence as to those charges or specifications may include any
punishment not in excess of that lawfully adjudged at the first court-martial

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Art. 53, Review by the Judge Advocate or Legal Officer. —

A Each case in which there has been a finding of guilty shall be reviewed by a judge
advocate or legal officer, provided he has not acted in the same as an accuser, witness,
investigating officer, member of the court, military judge, or otherwise, acted on behalf of the
prosecution or defense. In such case the review shall be conducted by a judge advocate or legal
officer to be designated by the convening authority. The review shall be in writing and shall 10
contain:

(1) Conclusion as to whether:

a) the court had jurisdiction over the person of the accused and each offense;
'b) each charge and specification stated an offense; and
c) the sentence was within the limits prescribed by law.

(2) A response to each allegation of error made in writing by Article 27 (c) or directly

with the judge advocate or legal officer who reviewed the case.

B. The record of trial and related documents in each case reviewed under subsection
a hereof shall be sent for action to the convening authority or to the successor in command or
whenever impractical to any person exercising court-martial jurisdiction within the command.

C. The reviewing authority may:

(1) approve or disapprove the findings and/or sentence, in whole or in part;

(2) remit, commute, or suspend the sentence in whole or in part;

(3) order a rehearing on the findings or sentence, or both except where the evidence was

insufficient at the trial to support the findings or;

(4) dismiss the charges.

Art. 54, Suspension of Sentence. -

a The convening authority of a court-martial may, at the time of the approval of
such sentence or at any time thereafter, while the sentence is being served, suspend the
execution, in whole or in part, of any such sentence, including all uncollected forfeitures, except
that a death sentence shall not be suspended.

b. _ The power to suspend a sentence includes the power to restore the person affected
to duty during such suspension

c No sentence approved or confirmed by the President shall be suspended by any
other authority.

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Art. 58. Lifting of Suspension. —

a. Before lifting the suspension of a sentence as approved, the officer having court-
martial jurisdiction over the suspendee shall order a summary hearing on the reported violation
of the terms of the suspension of sentence. The suspendee shall be allowed to submit evidence in
support of his request for the continuation of the suspension of his sentence.

b. If the officer exercising court-martial jurisdiction lifts the suspension, any
unexecuted part of the sentence, except dismissal, shall be executed, subject to applicable
restrictions in Article 57 (c). The lifting of the suspension of dismissal is not effective until
approved by the President.

The suspension of any other sentence may be lifted by any authority competent to
convene a court-martial for the command in which the accused is serving or assigned.

Art. 56. Petition for a New Trial. — At any time within two (2) years after approval by
the convening authority of a court-martial sentence but before its execution the accused may
petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence
or fraud on the court. If the case of the accused is pending before the Court of Military Appeals,
the Judge Advocate General shall refer the petition to said court. Otherwise, the Judge Advocate
General shall act upon the petition. With regard to cases involving offenses committed during
time of war, the application for new trial may be made within one (1) year after the termination
of the war as proclaimed by the President or by a joint resolution of Congress or within two (2)
years after approval by the convening authority of the sentence, as herein provided whichever is
the later. Only one such application for a new trial shall be entertained with respect to any one
case.

Art. 57. Mitigation or Remission of Sentence. -

a The power to order the execution of the sentence adjudged by a court-martial
includes, inter alia, the power to mitigate or remit the whole or any part of the sentence.

b. Any unexecuted portion of a sentence adjudged by a court-martial, including all
uncollected forfeitures, may be mitigated or remitted by the convening authority exclusive of
penitentiaries and disciplinary barracks of the Armed Forces of the Philippines or the Philippine
Coast Guard in which the person under sentence is held.

©. When a sentence of dishonorable discharge has been suspended until the soldier's
elease from confinement, the execution or remission of any part of his sentence shall, if the

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soldier be confined in the penitentiary or any barracks thereof, be directed by Chief of Staff,
Armed Forces of the Philippines or the Commandant of the Philippine Coast Guard.

4. A sentence, or any part thereof which has been suspended may be remitted or
mitigated, in whole or in part, by the officer who suspended the same, except in cases of persons
confined in penitentiaries, or by his successor in command, or by any officer exercising
appropriate court-martial jurisdiction over the command in which the person under sentence may
be serving at the time.

e. The death or honorable discharge of a person under suspended sentence shall
operate as a complete remission of any unexecuted or unremitted part of such sentence

£ The Secretary of National Defense or the Secretary of Transportation and
Communications may, for good cause, substitute an administrative form of discharge or
dismissal executed in accordance with the sentence of a court-martial.

Art. 58. Restoration. —

a. Under such regulations as the President may prescribe, all rights, privileges, and
property affected by an executed part of a court-martial sentence which has been set aside or
disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or
rehearing is ordered and such executed portion is included in a sentence imposed upon the new
trial or rehearing.

b. _ Ifa 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
Philippine Coast Guard shall substitute therefore a form of discharge authorized for
administrative issuance unless the accused is to serve out the remainder of his enlistment or
reenlistment.

c. Ifa previously executed sentence of dismissal is not imposed on a new trial, the
President shall substitute therefore a form of dismissal authorized for administrative issuance
and the officer dismissed by such sentence may be re-appointed by the President to such
commission grade and with the rank, as in the opinion of the President such a former officer
would have attained had he not been dismissed. The reappointment of such former officer shall
be without regard to existence of a vacancy and shall effect the promotion status of other officers
only in so far as the President may direct. All time between the dismissal and reappointment
shall be considered as actual service for all purposes, including the right to receive pay and

allowances.

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Art. 59. Finality of Proceedings, Findings, and Sentence. - The appellate review of
records of trial provided by these Articles, the proceedings, findings, and sentence of court-
martial as approved, reviewed, or affirmed as required by these Articles, and all dismissals and
discharges carried into execution under sentences by court-martial following approval, review,
or affirmation as required by these Articles, are final and conclusive, The Order publishing the
proceedings of court-martial and all actions taken pursuant to those proceedings are binding
upon all departments, courts, agencies and officers of the Philippine Government; subject only to
action upon petition for new trial and action by the Secretary of National Defense or the
Secretary of Transportation and Communications as provided in Article 57 (f) and the authority
of the President.

Art. 60. Execution of Sentence. —

a If the sentence of a court-martial includes death, that part of the sentence
providing for death shall not be executed until the same is transmitted to 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 dismissal 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.

©. If the sentence extends to death, dismissal, or a dishonorable discharge, that part
of the sentence extending to death, shall not be executed until there is a final judgment as to the
legality of the proceedings, and with respect to death or dismissal, under subsection (a) or (b), as.
appropriate. A judgment as to the legality of the proceedings is final in such cases when review
is completed in accordance with the judgment of the Court of Military Appeals and (1) a petition
for a writ of certiorari is not filed with the Supreme Court within the time limits; or (2) such
petition is rejected by the Supreme Court; or (3) review is otherwise completed in accordance
with the judgment of the Supreme Court.

d Any other part of a court-martial sentence may be ordered executed by the
convening authority when approved by the latter.

Art. 61. Review by the Judge Advocate General. —


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a. The record of the trial in each court martial shall be examined in the Office of the
Judge Advocate General if the finding of guilty and the sentence, as approved by the convening
authority, is:

(1) Death;

(2) Confinement for one year or more;

(3) Confinement for less than one (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) Dishonorable discharge of an enlisted person; or

(5) Involves the dismissal of an officer, cadet, or probationary second lieutenant. If any

part of the findings or sentence is found to be unsupported in law or if of the sentence
is inappropriate, the Judge Advocate General may vacate, modify, set aside the
findings or sentence or both, as the case may be.

b. _ If the Judge Advocate General sets aside the findings or sentence, he may order a
rehearing except when the setting aside is based on lack of sufficient evidence in the record to
support the findings, in which case he shall order that the charges be dismissed. If he orders: a
rehearing, but the convening authority finds a rehearing impractical, the convening authority
shall dismiss the charges.

TITLE IX - COURT OF MILITARY APPEALS

Art. 62. Creation, Appointment, and Qualifications of Justices. ~There is hereby
created a Court of Military Appeals, which shall consist of a Presiding Justice and five (5)
Associate Justices who shall be appointed by the President of the Philippines from civilians who
are not less than forty (40) years of age at the time of appointment and engaged in the practice of
law in the Philippines for not less than ten (10) years or held for a like period an office in the
Philippine Government service requiring admission to the practice of law in the Philippines as an
indispensable requisite, preferably with substantial experience in handling cases before a court-
martial or representing military personnel before any court of justice, or have been for a like
period on active military service with the Judge Advocate General's Service of the Armed Forces
of the Philippines.

Art. 63. Precedence in Appointments of Justices. - The Presiding Justice of the Court of
Military Appeals shall be so designated in his appointment and the other Justices of the court

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shall have precedence according to the dates of their respective appointments, or when the
appointments of two or more of them shall bear the same date, according to the order in which
their appointments have been issued by the President of the Philippines.

Art. 64. Tenure of Office and Removal. — The Presiding Justice and Associate Justices
of the Court of Military Appeals shall hold office during good behavior until they reach the age
of seventy (70) years or become incapacitated to discharge their duties, They may be removed
by the President of the Philippines, upon notice and hearing, for neglect of duty or malfeasance
in Office or for mental or physical disability, but for no other cause.

Art. 65, Sitting of Court. - The Court of Military Appeals, as a body, shall sit en banc,
but it may sit in two divisions of three (3) Justices each. The two (2) divisions may sit at the
same time, If the Presiding Justice is present in any sessions of the court, whether en banc or in
division, he shall preside. In his absence, the Associate Justice attending who is first in
precedence in accordance with Article 63 shall preside.

Art. 66. Filling of Vacancy in Office of Presiding Justice. —In case of a vacancy in the
Office of the Presiding Justice or the Court of Military Appeals, or in the, event of his inability
to perform the duties and functions of his office, they shall devolve upon the Associate Justice
who is first in precedence, until such disability is removed, or another Presiding Justice is
appointed and has qualified. This provision and the provision of Article 63 shall apply to every
Associate Justice who succeeds to the Office of the Presiding Justice.

Art. 67. Filling of Vacancy in Office of Associate Justices. — In case of vacancy in the
Office of anyone of the Associate Justices of the Court of Military Appeals, or in the event that
anyone of said Associate Justices is absent, or disabled, or incapacitated for any reason, to
perform the duties and powers of his office, the President of the Philippines, upon request of the
Presiding Justice of the Court of Military Appeals and upon recommendation of the Chief Justice
of the Supreme Court, may an appoint an Executive Judge of the Regional Trial Court to sit
temporarily in the Court of Military Appeals, until such disability is removed or the vacancy is
permanently filled,

Art. 68, Rank, Salary, and Benefits of Justices. — The Presiding Justice and Associate
Justices of the Court of Military Appeals shall have the same rank and receive the salary,

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emoluments, retirement pay and benefits corresponding to those of the Presiding Justice and
Associate Justices of the Court of Appeals of the Philippines, respectively.

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 the Judge Advocate General, extends to
death, confinement for one year or more, dishonorable discharge of an enlisted person;

b. _In which the sentence involves the dismissal of an officer, cadet, probationary
second lieutenant;

©. In which the Judge Advocate General has elevated the same to the Court of
Military Appeals for review;

. d In which after review by the Judge Advocate General a petition is filed bythe
accused with the Court of Military Appeals within sixty (60) days from receipt of notice of the
review of the Judge Advocate General and upon good cause shown, the Court of Military
Appeals has granted a review on the case.

Art. 70. Review of Decision of Judge Advocate General. - The accused may petition the
Court of Military Appeals for a review of the decision of the Judge Advocate General within
sixty (60) days from (a) the date on which the accused is notified of such decision or (b) the date
on which a copy of the decision of the Judge Advocate General, after a copy thereof is served on
the appellate counsel of record, if any, is deposited in the Philippine mails for delivery by first
class certified mail to the accused or counsel at an address provided by the accused or counsel,
or if'no such address has been provided by tile accused or counsel, at the latest address listed for
the accused in his official service record or that of counsel as appearing in the record. The court

of Military Appeals shall act upon such petition promptly in accordance with the rules of said
court.

Art. 71. Findings and Sentence or Issues to be reviewed. — In any case reviewed by it,
the Court of Military Appeals may act only with respect to the findings and sentence as approved
by the convening authority, and as affirmed or set aside as inappropriate by the Judge Advocate
General. In cases sent by the Judge Advocate General to the Court of Military Appeals, the
review shall be limited to the issues raised by him. In the review cases granted upon petition of
the accused, action need be taken only with respect to issues specified in the grant or review.

The Court of Military Appeals shall review both questions of fact and law, irrespective of the

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penalty involved, especially in cases where the appeal is initiated by the accused: Provided, That
where the sentence imposed is death or life imprisonment, the petition shall be immediately sent
to the Supreme Court for review in accordance with Article 74.

Art. 72, Setting Aside of Findings and Sentence and Ruling. — If the Court of Military
Appeals sets aside the findings and sentence, it may, except where the setting aside is based on
lack of sufficient evidence in the record to support the findings, order a rehearing. If't sets aside
the findings and sentence, and does not order a rehearing, it shall order that the charges be
dismissed.

Art. 73, Return of Record. — After it has acted on a case, the Court of Military Appeals
shall return the records of the case to the Judge Advocate General for any implementation of the
decision of the Court, and unless there is further action to be taken by the President, the
Secretary of National Defense or Secretary of Transportation and Communications, as the case
may be, the Judge Advocate General shall advise the convening authority to take action in
accordance with that decision. If the Court ordered a rehearing, but the convening authority finds
a rehearing impracticable, the latter may dismiss the charges.

Art. 74, Petition for Review on Certiorari. ~ The accused may file with the Supreme
Court a petition for review on certiorari of a decision of the Court of Military Appeals. Such
review shall be limited to questions of law which shall be directly set forth in the petition and
shall be governed by the provisions of the Revised Rules of Court prescribing the procedure for
appeals from the Court of Appeals to the Supreme Court: Provided, That where the sentence
imposed is death or life imprisonment, the review may be on questions of fact and of law.

Art. 75. Place of Session. - The Court of Military Appeals shall hold its session in
Metropolitan Manila, Whenever the public interest so requires, and upon approval of the
Presiding Justice, any division may hold its sessions in any other place within the Philippines.

Art. 76. Quorum and Vote for Pronouncement of Judgment. - Five (5) Justices of the
Court of Military Appeals shall constitute a quorum for its sessions en banc, and three (3)
Justices shall constitute a quorum for the sessions of a division. In the absence of a quorum, the
Court or the division shall stand ipso facto adjourned until such time as the requisite number
shall be present, and a memorandum showing this fact shall be entered by the clerk in the

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minutes of the Court. The affirmative vote of four (4) Justices is necessary to pass a resolution of
the Court en banc. The unanimous vote of the three (3) Justices of a division shall be necessary
for the pronouncement of a judgment, In the event that the three (3) Justices do not reach a
unanimous vote, the Presiding Justice shall designate two (2) Justices from among the other
Justices of the court to sit temporarily with them, forming a division of five (5) Justices and the
concurrence of a majority of such division shall be necessary for the pronouncement of a
judgment,

Art. 77. Power to Promulgate Rules. - The Court of Military Appeals, sitting en banc,
shall promulgate its own rules to govern the procedure in the court and the allotment of cases
between the divisions, the regular rotation of Justices between them, and other matters relating to
the business of the Court, and these rules shall continue in force until repealed or altered by it.

Art. 78. Appointment, Qualifications, and Compensation of Clerks of Court, and
Compensation of other Officers and Employees.—

a The Court of Military Appeals shall appoint a clerk of court, who shall exercise
the same powers and perform the same duties in regard to all matters within its jurisdiction, as
exercised and performed by the clerk of the Supreme Court of the Philippines, insofar as the
same may be applicable, and in the exercise of those powers and in the performance of those
duties, the clerk shall be under the direction of the Court. No person may be appointed clerk of
the Court of Military Appeals unless he has been engaged for five (5) years or more in the
Practice of law, or has been clerk or deputy clerk of a court of record for the same period of time.
The clerk of Court shall receive the same annual compensation as that of the Court of Appeals.

b. The Court of Military Appeals may appoint two Deputy Clerks of Court who
shall have the same qualifications and annual compensations as that of the first deputy and
second deputy clerks of the Court of Appeals. The Court of Military Appeals may appoint other
officers and employees in such number and with such compensations as may be hereafter
authorized.

Art. 79. Department Head Functions of Presiding Justice. — The functions of
Department Head for the Court of Military Appeals and its subordinates shall be exercised by
the Presiding Justice, or in case of his death, absence, or disability, by the Associate Justice on
duty who holds the most senior appointment.


Art. 80, Administrative Control and Removal of Employees. - The Court of Military
Appeals shall have exclusive administrative control of all matters affecting the internal
operations of the Court. Except as regards the appointment and compensation of the private
secretaries and assistants to the individual Justices as the Court may authorize, all subordinates

and employees of the Court of Military Appeals shall be governed by the provisions of the Civil
Service Law.

Art. 81. Attendance of Sheriff in Session and Authority. — The Sheriff of the City or of
the province where the Court of Military Appeals may be in session shall, in person or by his
deputy, attend the sessions of the Court of Military Appeals, enforce proper decorum in the court
room, and preserve good order. To this end, he shall carry into effect the rules or orders of the

-Court made in his behalf, of any Justice thereof, and shall arrest any person there disturbing the
court or violating the peace.

Art. 82. Service of Process by Sheriff. — Writs, processes, and orders of the Court of
Military Appeals, or of any Justice thereof, shall be served or executed by the Sheriff of the City
or of the province where the Court of Military Appeals may be in session, or by any officer
having authority to execute the writs, processes, or orders of a Regional Trial Court.

Art. 83. Opinion Book. — When a decision is rendered by the Court of Military Appeals,
a written opinion or memorandum containing the ground and scope of the judgment of the court
shall be filed with the Clerk of the Court and shall be by him recorded in an Opinion Book.

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 Government Counsel shall represent the Republic of the
Philippines before the Court of Military Appeals when directed to do so by the Judge Advocate
General. He shall also represent the Republic of the Philippines before the Supreme Court of the
Philippines when requested to do so by the Solicitor General.

c. The Appellate Defense Counsel shall represent the accused before the Court of
Military Appeals or the Supreme Court of the Philippines when the accused is a party in the case
before such court and (1) the accused requests to be represented by the Appellate Defense

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Counsel; and (2) the Judge Advocate General has sent the case to the Court of Military Appeals.
The accused is a party in the case when named as a party in the pleadings before the Court or,
even not so named, when the military judge or any member of the court-martial is named as
respondent in a petition by the Government for any extra ordinary relief.

TITLE X - PUNITIVE ARTICLES

Art. 85, Principal. — Any person subject to military law who:

a. Commits an offense punishable by these Articles or aids, abets, counsels,
commands, or procures its commission, or, 2

b. Causes an act to be done, which if directly performed by him would be punished
under this article as principal.

Art. 86. Accomplice. — Any person subject to military law who, not being included in
Article 85, participates in the execution of the offense by previous or simultaneous acts would be
punished under these articles as an accomplice.

Art. 87. Accessory After the Fact.—Any person subject to military law who, knowing
that an offense punishable by these articles has been committed, receives, comforts, or assists the
offender in order to hinder or prevent his apprehension, trial, or punishment is an accessory after
the fact and shall be punished as a court-martial may direct.

Art. 88, Conviction of a Lesser Included Offense. — An accused may be found guilty of
an offense necessarily included in the offense charged or of any attempt to commit either the
offense charged or an offense necessarily included therein.

Art. 89. Attempts. —

a. Any person subject to military law who conspires with any person to commit an.
offense punishable by these articles shall be punished as a court-martial may direct, unless a
penalty is otherwise specifically prescribed therefor.


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b. An act done with specific intent to commit an offense under these articles,
amounting to more than mere preparation and tending, even though failing, to effect its
commission, is an attempt to commit the offense.

Art. 90. Conspiracy. — Any person subject to military law who conspires with any person
to commit an offense punishable under these articles shall, if one or more of the conspirators
does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

Art. 91, Solicitation. —

a. __ Any person subject to military law who solicits or advises another or others to
desert in violation of Article 96 or to commit mutiny in violation of Article 106 shall, if the
offense solicited, or advised is committed, be punished for the offenses so committed. If the
offense solicited or advised is not committed or is merely attempted, he shall be punished as a
court-martial may direct.

b. Any person subject to military law who solicit or advises another or others to
commit an act of misbehavior before the enemy in violation of Article 113, or sedition in
violation of Article 106 shall, if the offense solicited or advised is committed, be punished for
the offense committed. If the solicited is not committed, he shall be punished as a court-martial
may direct.

Art. 92. Fraudulent Enlistment, Appointment, Separation or Retirement. — Any person
who procures his own enlistment or appointment in the military service of the Philippines by
wilfully making false representation or deliberate concealment as to his qualification for
enlistment or appointment and receives payor allowances thereunder; or procures his own
separation or retirement there from by knowingly making false representation or deliberate
concealment as to his eligibility for that separation or retirement, shall be punished as a court-
martial may direct.

Art. 93. Unlawful Enlistment, Appointment, Separation or Retirement. — Any person
subject to military law who, effect an enlistment or appointment in, or a separation or retirement
from, the service of any person known to him to be ineligible for that enlistment, appointment,
separation or retirement because it is not authorized by law, regulation, or order, shall be
dismissed from the service or suffer such other punishment as a court-martial may direct.

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Art. 94, Making False Returns or Omitting to Render Returns. —

a. __Every officer whose duty is to render to the headquarters of his command or unit,
to higher headquarters, or to other superior authority a return of the state of the troops under his
command, or of the arms, ammunition, clothing, funds or other property thereunto belonging,
who knowingly makes a false return thereof, shall be dismissed from the service or suffered such
other punishment as a court-martial may direct.

b. Any officer who, through neglect or design, omits to render such return, shall be
punished as a court-martial may direct.

Art. 95. Desertion. —
a. Any member of the Armed Forces of the Philippines or Philippine Coast Guard
on active duty who: os

(1) without authority, goes or remain absent from his unit, organization, or place of duty
with intent to remain away therefrom permanently; or

(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or

shirk important services; or

(3) without, being regularly separated from the Armed Forces of the Philippines or

Philippine Coast Guard enlists or accepts an appointment in the armed forces or coast
guard of another country without fully disclosing the fact that he has not been
regularly separated therefrom except when authorized by the Republic of the
Philippines, is guilty of desertion.

b. Any officer who, after tendering of his resignation or request for his reversion
from active duty, and before due notice of its acceptance or approval, quits his post or proper
duties without leave and with intent to remain away therefrom permanently, is guilty of
desertion.

c. Any person found guilty of desertion or attempt to desert shall be punished, if the
offense were committed in time of war, by death or such other punishment as a court-martial
may direct.

Art. 96. Advising, Persuading or Assisting Another to Desert. - Any person subject to
military law who advises or persuades, or knowingly assists another, to desert the services of the
Armed Forces of the Philippines or the Philippine Coast Guard shall be punished, if the offense
is committed in time of war, by life imprisonment. If the offense is committed at any other time,
the offender shall be punished as a court-martial may direct.

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Art. 97. Entertaining a Deserter. - Any officer who, after having discovered that a
person subject to military law in his command is a deserter from the service, retains such
deserter in his command without informing superior authority or the commanding officer of the
organizer shall be punished as a court-martial may direct.

Art. 98. Absence without Leave. Any member of the Armed Forces of the Philippines
or Philippine Coast Guard on active duty who, without authority, fails to go to his appointed
place of duty at the time prescribe; goes out of place; absents himself or remains absent from his
unit, organization, or place of duty at which he is required to be at the time prescribed; through
neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the
course of duty to move, shall be punished a court-martial may direct.

Art. 99. Contempt towards Superior Officer. - Any officer who uses contemptuous or
disrespectful words against and in the presence of the President, the Vice-president, Members of
Congress or the Secretary of National Defense 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
disrespectful words against the said government officials mentioned herein are uttered in their
absence, the same shall be considered as indirect contempt and shall be punished as a court-
martial may direct.

Art. 100. Disrespectful Towards Superior Officer. — Any person subject to military law
who behaves with disrespect to any superior officer shall be punished as a court-martial may
direct.

Art. 101. Assaulting or Wilfully Disobeying a Superior Officer. — Any person subject to
military law who, on any pretense whatsoever:

a. strikes his superior officer or draws or lifts up any weapon or offers any violence
against him while he is in the execution of his office; or

b. willfully disobeys any lawful command of his superior officer, shall be punished,
if the offense is committed in time of war, by life imprisonment and if the offense is committed
at any other time, by such other punishment, as a court-martial may direct.

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Art. 102, Insubordinate Conducts towards Non-Commissioned Officer. — Any enlisted
personnel of the Armed Forces of the Philippines or the Philippine Coast Guard who strikes or
assaults, or who attempts or threatens to strike or assaults, a non-commissioned officer while the
latter is in the execution of his office, or treats with contempt or is disrespectful in language or
deportment toward a non-commissioned officer while the latter is in the execution of his office
shall be punished as a court-martial may direct.

Art, 103.Failure to Obey Order or Regulation. - Any person subject to military law
who violates or fails to obey any lawful general order or regulation; having knowledge of any
other lawful general order issued by a member of the Armed Forces of the Philippines 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.

Art. 104. Giving Illegal Order. ~ Any person subject to military law who shall
knowingly give illegal order or one in violation of law or regulations to persons under his
command shall, be punished as a court-martial may direct.

Art. 105. Cruelty and Maltreatment. — Any person subject to this chapter who is guilty
of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be
punished as a court-martial may direct.

Art. 106, Mutiny or Sedition. —
a. Any person subject to

itary law who, with intent to usurp or override military
authority, refuses, in concert with any other persons, to obey order or otherwise do his duty or
creates any violence or disturbance shall be liable for mutiny and punished by life imprisonment;

b Any person subject to military law who, with intent to cause the overthrow or
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,

© Any person subject to military law, who fails to do his utmost to prevent and
suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable
means to inform his superior or commanding officer of a mutiny or sedition which he knows or
has reason to believe is taking place, shall be liable for such failure to suppress or report a


mutiny or sedition, and shall be punished by life imprisonment or such other penalty as a court-
military may direct;

d. Any person who is found guilty of an attempt to commit 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.

Art. 107. Resistance, Breach of Arrest and Escape. — Any person subject to military law
who breaks his arrest or escapes from confinement, whether before or after trial or sentence and
before he is set at liberty by proper authority, or resists lawful apprehension, shall be dismissed
from the service or suffer such other punishment as a court-martial may direct.

Art. 108. Releasing Prisoner without Proper Authority. - Any person subject to
military law who, without proper authority, release any prisoner committed to his charge, or who
through neglect or design suffers any such prisoner to escape, shall be punished as a court-
martial may direct whether or not the prisoner was committed in strict compliance with law.

Art. 109. Unlawful Detention. - Any person subject to military law who, unlawfully
apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

Art. 110. Non-Compliance with Procedural Rules. — Any person subject to this article
who:

(1) _ is responsible for unnecessary delay in the disposition of any case of a person
accused of an offense under this act; or

(2) knowingly and intentionally fails to enforce or comply with any provision of this
act regulating the proceedings before, during, or after trial of an accused; shall be punished as a
court-martial may direct.

Art. 111. Dereliction of Duty in the Apprehension, Delivery or Custody of Military
Offenders Answerable to the Civil Authorities. - Any commanding officer who refuses or
wilfully neglects, except in time of war, to discharge the duties prescribed in Article 9 shall be
dismissed from the service or suffer such other punishment as a court-martial may direct.

Art. 112. Misbehavior before the Enemy. — Any person subject to military law who,
before or in the presence of the enemy, commits any of the following, shall be punished by life
imprisonment or such other punishment as a court-martial may direct:

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a runs away,

b. shamefully abandons, ‘surrenders’, or delivers up any command, unit, place or
military property which it is his duty to defend;

c. through disobedience, neglect, or intentional misconduct, endangers the safety of
any such command, unit, place or military property;

d. casts away his arms or ammunition;

€. quits his place of duty to plunder or pillage;

f causes false alarm in any command, unit or place under control of the Armed
Forces of the Philippines or the Philippine Coast Guard;

g wilfully fails to do his utmost to encounter, engage, capture; .or.destroy any
troops, combatants, vessels, aircraft, or any other thing, which it is his duty to encounter, engage,
capture, or destroy; oy

h. does not afford all practical relief and assistance to any troops, combatants,
vessels, or aircraft of the Armed Forces of the Philippines or the Philippine Coast Guard and/or
friendly forces when engaged in battle; and

i, solicits or advises another or others to commit an act of misbehavior before the
enemy in violation of these Articles.

Art. 113. Subordinate Compelling Commander to Surrender. - Any person subject to
‘military law who compels or attempts to compel the commander of any place, vessel, aircraft, or
other military property, or of any body of the Armed Forces of the Philippines or Philippine
Coast Guard and/or friendly forces to give it up to an enemy or to abandon it, or who delivers or
surrenders the colors or flag to an enemy without proper authority, shall be punished by life
imprisonment or such other punishment as a court-martial may direct.

Art. 114. Improper Use of Countersign. — Any person subject to military law who, in
time of war or serious disturbance of the peace, discloses the parole or countersign to any person
not entitled to receive it or who gives to another who is entitled to receive and use the parole or
countersign, a different parole or countersign from that which, to his knowledge, he was
authorized and required to give, shall be punished by life imprisonment or such other
punishment as a court-martial may direct.

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Art. 115. Violating a Safeguard. — Any person subject to military law who in time of
war or serious disturbance of the peace, violates a safeguard shall suffer life imprisonment or
such other punishment as a court-martial may direct.

Art. 116. Captured or Abandoned Property. -

a. __Alll persons subject to military law shall secure all public property taken from the
enemy for the service of the Republic of the Philippines, shall give notice and tum over to the
proper authority without delay all captured or abandoned property in their possession, custody or
control;

b. Any person subject to military law who fails to carry out the duties prescribed in
subsection (a) buys, sells, trades, or in any way deals in or disposes captured or abandoned
Property, whereby he receives or expects any profit, benefit, or advantage to himself; or engages
in looting or pillaging, shall be punished by fine or imprisonment, or, both, or by such other
punishment as a court-martial may direct.

Art. 117. Aiding the Enemy. — Any person subject to military law who aids or attempts
to aid the enemy with arms, ammunition, supplies, money or other things; or without proper
authority, knowingly harbors or protects or gives intelligence to, or communicates or
corresponds or holds any intercourse with the enemy, either directly or indirectly, shall suffer
life imprisonment or such punishment as a court-martial may direct.

Art. 118. Misconduct of a Prisoner. — Any person subject to military who, while in the
hands of the enemy for the purpose of securing favorable treatment from his captors, acts
without proper authority in a manner contrary to law, customs, or regulation, to the detriment of
others of whatever nationality held by the enemy as civilian or military prisoners; or while in a
position of authority over such persons maltreats them without justifiable cause, shall be
punished as a court-martial may direct.

Art. 119. Spying. — Any person who, in time of war, is found lurking as a spy in or about
any place, vessel, or aircraft within the control or jurisdiction of the Armed Forces of the
Philippines or the Philippine Coast Guard; or in or about any shipyard, any manufacturing or
industrial plant, or any other place or institution engaged in work in aid of the prosecution of the
war by the Republic of the Philippines, or elsewhere, shall be tried by a court-martial and upon
conviction shall be punished by life imprisonment.

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Art. 120. Espionage (as committed by persons subject to military justice). —

(a) Any person subject to this Code who, with intent or reason to believe that it is to
be used to the injury of the Philippines or to the advantage of a foreign nation, communicates,
delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity - either a
foreign government, its agents, or any faction or unit of any foreign armed forces - either directly
or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic
negative, blueprint, plan, map, model, note, instrument, appliance, at information relating to the
national or coastal defense shall be punished as a court-martial may direct, except that if the
accused is found guilty of an offense that directly concerns:

(1) advanced weaponry, early warning systems, or other means of defense or retaliation

against large scale attack;

(2) war plans;

(3) communications intelligence or cryptographic information; or

(4) any other major weapons system or major element of defense strategy, the accused

shall be punished with life imprisonment as a court-martial may direct.

(b) A sentence of life imprisonment may be adjudged by a court-martial for an
offense under this article only if the members unanimously find, beyond a reasonable doubt, one
or more 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 statute.

(2) In the commission of the offense, the accused knowingly created a grave risk of

substantial damage to the national security.

(3) In the commission of the offense, the accused knowingly created a grave risk of death

to another person.

(4) Any other factor that may be prescribed by the President in his capacity as

Commander-in-Chief.

Art. 121. False Official Statement. -

a. Any officer who, with intent to deceive, signs any false record, return,
regulations, orders, or other official document knowing the same to be false or makes any other
false official statement knowing the same to be false, shall be dismissed from the service or
suffer such other punishment as a court-martial may direct.


b. Any other person subject to military law who commits any of the acts enumerated
in the preceding subsection shall be punished as a court-martial may direct.

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 wilfully or through neglect, destroys, or loses or causes damage to, or
wilfully or through neglect suffers to be lost, spoiled, damaged, destroyed, sold or wrongfully
disposed of, any military property of the Republic of the Philippines, shall make good the loss or
damage and suffer or such punishment as a court-martial may direct. If the military property in
the above paragraph is a firearm, ammunition, explosive or other military ordinance, and is sold,
or caused to be sold, to the enemy, the penalty shall be life imprisonment.

Art. 123. Property other than Military Property of the Philippines - Waste or
Destruction. — Any person subject to military law who wilfully or recklessly wastes, spoils, or
otherwise wilfully and wrongfully destroys or damages any property other than military property
of the Republic of the Philippines shall be punished as a court-martial may direct.

Art. 124. Improper Hazarding of Military Vehicle, Aircraft or Vessel. —

a. Any person subject to military law who wilfully and wrongfully hazards or
suffers to be hazarded any vessel, vehicle or aircraft of the Armed Forces of the Philippines or
the Philippine Coast Guard shall be dismissed from the service or suffer such other punishment
as a court-martial may direct

b. Any person subject to military law who negligently hazards or suffer to be
hazarded any vehicle, aircraft or vessel of the Armed forces of the Philippines or the Philippine
Coast Guard shall be punished as a court-martial may direct.

Art. 125. Drunken or Reckless Driving. — Any person subject to military law who
operates any vehicle or vessel while drunk, or in a reckless or wanton manner, shall be punished
as court-martial may direct.

Art. 126. Drunk on Duty. — Any person subject to military law who is found drunk on
duty shall, if the offense is committed in time of war, shall be dismissed from the service or
suffer such other punishment as a court-martial may direct. If the offense be committed at any
other time, he shall be punished as a court-martial may direct.

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Art. 127, Misbehavior of Sentinel. — Any sentinel or lookout who is found drunk or
sleeping upon his post, or leaves it before he is regularly relieved, shall be punished, if the
offense is committed in time of war, by life imprisonment or such other punishment, as a court-
martial may direct. If the offense is committed at any other time, the offender shall be punished
as a court-martial may direct.

Art. 128. Personal Interest in Sale of Provision. — Any officer commanding any
garrison, fort, barracks, camp or other place where troops of the Republic of the Philippines may
be serving who, for his private advantage, levies any duty or imposition upon or is interested,
directly or indirectly, in the sale of any victuals or other necessaries of life brought into such
garrison, fort, barracks, camp or place for the use of troops, shall be dismissed from the service
and suffer such other punishment as a court-martial may direct.

Art. 129. Intimidation of Person Bringing Provisions. - Any person subject to military
law who abuses, intimidates, does violence to, or wrongfully interferes with any person bringing
provisions, supplies or other necessaries to the garrison, fort, barracks, camp or other place
where troops of the Republic of the Philippines may be serving, shall suffer such punishment as
a court-martial may direct.

Art. 130. Dueling..- Any person subject to military law. who fights or promotes, or is
concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or
about to be sent, fails to report the fact promptly to the proper authority shall, if an officer, be
dismissed from the service or suffer such other punishment as a court-martial may direct; and if
any other person subject to military law, shall suffer such punishment as a court-martial may
direct.

Art. 131. Malingering. — Any person subject to military law who, for the purpose of
avoiding work, duty or service, feigns illness, physical disablement, mental lapse or
derangement; or intentionally inflicts self-injury, shall be punished as a court-martial may direct.

Art. 132. Good Order to be Maintained and Wrong Redressed. — All persons subject to
military law are to behave themselves orderly in quarters, garrison, camp and on the march; and
any person subject to military law who commits any waste or spoiling or wilfully destroys any
property whatsoever (unless by order of his commanding officer), or commits any kind of

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depredation or riot, or breach of the peace, shall be punished as a court-martial may direct. Any
commanding officer who, upon complaint made to him, refuses or omits to see reparation made
to the party injured, in so far as the offender's pay shall go toward such reparation as provided in
Article 142, shall be dismissed from the service, or otherwise punished as a court-martial may
direct.

Art. 133. Provoking Speeches or Gestures. - Any person subject to military law who
uses any provoking or reproachful words or gestures toward any other person subject to military
law shall be punished as a court-martial may direct.

Art. 134, Command Responsibility. - Any commanding officer who refuses to act or
delays action on a valid complaint against a person under his command, or refuses or delays to
impose a disciplinary punishment when warranted by the evidence, or otherwise aids or abets the
wrongdoing of a subordinate, shall be subject to action under Article 11 or punished as a court
martial may direct.

Art. 135, Unlawful Influencing Action of Court. -

a. Any authority convening a court-martial or any other commanding officer who
shall censure, reprimand, or admonish the court or any member thereof, with respect to the
findings or sentence adjudged by the court-martial or with respect to any other exercise of its or
his functions in the conduct of the proceeding, shall be punished as a court-martial may direct.

b. Any person subject to military law who shall attempt to coerce or harass or, by
any means, unlawfully influence the action of a court-martial or any other member thereof, in
reaching the findings or sentence or conclusions in any case, or the action of any convening,
approving, reviewing, authority with respect to its or his judicial acts, shall be punished as a
court-martial may direct.

Art. 136. Murder or Rape in Time of War. — Any person subject to military law who
commits murder or rape as defined in the Revised Penal Code in time of war shall suffer life

imprisonment as a court-martial may direct.

Art. 137. Various Crimes. - Members of the Armed Forces of the Philippines and other
persons subject to military law who commit crimes or offenses penalized under the Revised

Penal Code, other penal laws or local government ordinances, regardless of whether or not

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civilians are co-accused or offended parties, which may be natural or juridical persons, shall be
tried by the proper civil court, except when the offense, as determined before arraignment by the
Judge Advocate General, is service connected, in which case, the offense shall be tried by a
court-martial. Violations of Articles 91 to 137 and Articles 140 to 141, commonly known as
purely military offenses, shall be exclusively tried by court-martial.

Art. 138. Sodomy and Bestiality. —

a. Any person subject to this code who engages in unnatural carnal copulation with,
another person of the same sex or with an animal is guilty of sodomy. Penetration, however
slight, is sufficient to complete the offense.

b. Any person found guilty of sodomy shall be punished as a court-martial may
direct. a

Art. 139, Frauds against the Government. — Any person subject to military law who
commits any of the following acts:

a. Makes or causes to be presented to any person in the civil or military service
thereof, for approval or payment any claim against the Government, or any officer thereof,
knowing such claim to be false or fraudulent;

b. Enters into any agreement or conspiracy to defraud the Government by obtaining,
or aiding others to obtain the allowance or payment of any false or fraudulent claim;

¢c. For the purpose of obtaining, or aiding others to obtain the approval, allowance,
or payment of any claim, against the Government or any officer thereof, knowing such claim to
be false or fraudulent;

d. For the purpose of obtaining or aiding others to obtain, the approval, allowance,
or payment of any claim against the Government or any officer thereof, makes or procures, or
advises the making of, any fact or to any writing or other paper knowing such oath to be false;

e. For the purpose of obtaining or aiding others to obtain, the approval, allowance,
or payment of any claim against the Government or any officer thereof, forges or counterfeits, or
procures or advises the forging or counterfeiting of any signature upon any writing or other
Paper, or uses, or procures or advises the use of any such signature, knowing the same to be
forged or counterfeited;

f. Having charge, possession, or control of any money or other property of the
Government furnished or intended for the military service thereof, knowingly delivers, or causes


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to be delivered, to any person having authority to receive the same, any amount thereof less than
for which he receives a certificate or receipt;

g. Being authorized to make or deliver any paper certifying the receipt of any
property of the government furnished or intended for the military service thereof, makes or
delivers to any person such writing, without having full knowledge of the truth of the statements
therein contained and with intent to defraud the Government;

h. Steals, embezzles, knowingly and wilfully misappropriates, applies to his own
use or benefit or wrongfully or knowingly sells or disposes of any ordinance, arms, equipment,
ammunition, clothing, subsistence stores, money, or other property of the Government furnished
or intended for the military service thereof,

i. Knowingly purchases or receives in pledge for any obligation or indebtedness
from any soldier, officer, or other person who is part of or employed in the Armed Forces of the
Philippines or the Philippine Coast Guard, any ordinance, arms, equipment, ammunition,
clothing, subsistence stores, or other property of the government, such soldier, officer, or other
person not having lawful right to sell or pledge the same;

j. Enters into any agreement or conspires to commit any of the offenses aforesaid;
shall, upon conviction, be punished by fine or imprisonment, or by such other punishment as a
court-martial may direct, or by any or all of said penalties.

Art. 140. Conduct Unbecoming of an Officer and a Gentleman. ~ Any officer, cadet, or
probationary second lieutenant who is convicted of conduct unbecoming of an officer and 2
gentleman shall be dismissed from the service.

Art. 141. General Article. - Though not specifically mentioned in these articles, all
disorders and neglects to the prejudice of good order: and military discipline and all conduct of a
nature to bring discredit upon the Armed Forces of the Philippines or the Philippine Coast Guard
and crimes and offenses not capital which persons subject to military law may commit, shall be
punished as a court-martial may direct taking into consideration the nature and degree of the

offense.
TITLE XI - MISCELLANEOUS PROVISIONS

Art 142. Article to Administer Oath. — The following officers on active duty in the
Armed Forces of the Philippines or Philippine Coast Guard shall have authority to administer

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oaths for the purposes of administering justice and for other purposes of military
administrations:

a. All judge advocates and legal officers;

b. The president, members, military judge, trial judge advocate, and assistant trial
judge advocate of court-martial;
‘The president or chairman of a military board;
All officers designated to take a deposition;

€. _Allofficers detailed to conduct an investigation;

f. All adjutants and assistant adjutants;

g All administrative officers; and

h, lll officers designated by regulations of the Armed Forces of the Philippines or
the Philippine Coast Guard and by statute.

a9

Art. 143, Articles to be Explained. — Articles 3, 4, 6, 11; 15, 17, 21, 27, 44, 85 to 142
and 144 to 146 shall be carefully read and explained to soldiers at the time of his enlistment,
reenlistment or entrance on active duty, or within six (6) days thereafter, and shall be read and
explained once every six (6) months to soldiers of every garrison, regiment, or company in the
service of the Philippines.

Art. 144, Complaints of Wrongs. - Any member of the Armed Forces of the Philippines
or Philippine Coast Guard on active duty who believes himself wronged by his commanding
officer, and who upon due application to that commanding officer, is refused redress, may
complain to any superior commissioned officer, who shall forward the complaint to the officer
exercising court-martial jurisdiction over the officer against whom it is made. The officer
exercising court-martial jurisdiction shall examine the complaint and take proper measures for
redressing the wrong complained of, and he shall, as soon as possible, send to the Chief of Staff
of the Armed Forces of the Philippines or the Commandant of the Philippine Coast Guard a true
statement of that complaint, with the proceedings had thereon.

Art. 145, Redress Damage to Property. —

a. Whenever complaint is made to any commanding officer that damage has been
done to the property of any person or that of his property has been wrongfully taken by persons
subject to military law, he may, subject to such regulations as the President may prescribe,
convene a board to investigate the complaint. The board shall consist of from one to three

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officers and, for the purpose of that investigation, it shall have the power to summon witnesses
and examine them upon oath and affirmation, to receive deposition or other documentary
evidence, and to assess damages sustained against the responsible parties. The assessment of
damages made by such board is subject to the approval of the commanding officer in the amount
approved by him and shall be charged against the pay of the offenders. The order of the
commanding officer directing the charges herein authorize is conclusive on any disbursing
officer for the payment by him to the injured parties of the damages so assessed and approved.

b. If the offenders cannot be ascertained, but the organization or detachment to
which they belong is known, charges totalling the amount of damages assessed and approved
may be made in such proportion as may be deemed just upon the individual members thereof
who are shown to have been present at the scene at the time the damages complained of were
inflicted as determined by the approved findings of the board. *

Art. 146. Officers, Separation from the Service. — No officer shall be dismissed from
the service except by order of the President or by sentence of a court martial; and in time of
peace, no officers shall be dismissed except in pursuance of the sentence of a court-martial or in
mitigation thereof; but the President may at any time drop from the rolls of the Armed Forces of
the Philippines 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.

Art. 147, Soldiers - Separation from the Service. — No enlisted personnel in the service
of the Armed Forces of the Philippines or the Philippine Coast Guard shall be discharged from
said service before his term of service has expired, except by order of the President, the Chief of
Staff of the Armed Forces of the Philippines or the Commandant of the Philippine Coast Guard,
and the commanders of the Major Services or by sentence of a court-martial. The authority of
the President, the Chief of Staff of the AFP and the Commandant of the PCG and Commanders
of the Major Services of the AFP to order the discharge of an enlisted personnel may be
delegated by administrative regulation.

Art. 148. Constitutionality. — All offenses committed and all penalties, forfeitures, fines
or liabilities incurred prior to the effective date of this Act under any law embraced in or
modified, changed or repealed by this Act shall be prosecuted, punished, and enforced, and
action thereon completed, in the same manner and with the same effect as if this Act had not

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been passed. However, if the penal provisions for an offense under this Act are more favorable
or less severe to the offender than those in force at the time the offense was committed, and such
offense is pending prosecution at the time the corresponding provisions of this Act take effect, or
is prosecuted after such provisions take effect, the more favorable or less severe provisions of
this Act shall apply in the prosecution and punishment of that offense

Art. 149. Applicability. — Provisions of this Act which attach a penalty or deprivation of
rights to acts or omissions which were not so penalized by the former laws, are not applicable to
those who, when said laws were in force, may have executed the act or incurred the omission
forbidden or condemned by this Act.

However, if a continuing repeated act or omission shall have commenced before the date
this Act comes into effect and the same subsists, is maintained or repeated after the applicable
provisions of this Act have become operative, the sanction or penalty prescribed in this Act shall
be applied, even though the previous laws may not have provided any sanction or penalty
therefor.

Art. 150. Repealing Clause. — All laws, presidential decrees, issuances, executive orders,
rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly. Subject to the provisions of Article 147, any substantive rights
or liabilities existing under such laws or parts thereof prior to the effective date of this Act shall
not be affected by this repeal and this Act shall not be effective to authorize the trial or
punishment for any crime or offense barred by the provisions of existing law.

Art. 151. Appropriation of Funds. — For the purpose of this Act, an initial amount of
Fifty Million Pesos (P50,000,00.00) or so much thereof as may be necessary is hereby
appropriated out of any funds in the National Treasury not otherwise appropriated to cover the
salaries of the Presiding Justice and five Associate Justices, the clerk of court and deputy clerks
of court, other officers and employees, and other expenses of the Court of Military Appeals, and
thereafter, the aforesaid amount or so much thereof as may be necessary will be included in the
annual General Appropriations Act.

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Art. 152, Effectivity. - This Act shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation or the Official Gazette. The publication shall be made
not later than thirty (30) days after the approval thereof.

Approved,

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