Military Justice System 1 PDF

MILITARY JUSTICE SYSTEM 1 INSTRUCTOR’S PROFILE Rank, Name, SN, MOS, BS Designation: Picture of Instructors Previous Assignments Significant Schoolings “An unjust law itself a species of violence. Arrest for its breach is more so”...

MILITARY JUSTICE SYSTEM 1 INSTRUCTOR’S PROFILE Rank, Name, SN, MOS, BS Designation: Picture of Instructors Previous Assignments Significant Schoolings “An unjust law itself a species of violence. Arrest for its breach is more so” Mohammad Gandhi Quotes CLASSROOM RULES  Those who will attend personal necessity can go out silently.  Those who are sleepy can proceed at the back and have some stretching.  You will be given 5 Minutes break every 30 Minutes lecture discussion.  Questions will be entertained right after the lecture.  SAFETY PLAN Fire In case of fire, run immediately to the nearest exit door and immediately proceed to open ground for accounting  SAFETY PLAN Earthquake Do the duck, cover and hold-on procedure  SAFETY PLAN Tripping wire Be careful of the extension wire used  REFERENCE  CA Nr 408 as amended by PD 1968 and 1166  LEARNING OUTCOME The students will be able to:  Know Overview of Military Justice and its Definitions To educate the student on punitive article of war and understand the role of the military.  ROADMAP Discuss the following: Overview and Definitions  Punitive Article of War 54 to 95  INTRODUCTION Being a citizen of the Republic of the Philippines, we are bound to observe the laws of the land such as the Philippine Constitution, revise Penal Code and other special laws enacted by the Congress. However, the military as a unique institution separate and distinct from the civilian sectors, has its own sets of laws, policies, rules and regulations that governs its members. These are embodied in the Manual for Court of Martial, SOP’s and Circulars implemented to discipline its members.  IMPORTANCE  Know Overview of Military Justice and its Definitions  Ensure that the student familiarize the punitive article of war and understand the role of the military.  Definition of Terms MILITARY JUSTICE SYSTEM ADMINISTRATIVE CASES PUNITIVE CASES  Cont.  COURT MARTIAL  SPECIAL COURT MARTIAL  ON SUMMARY COURT MARTIAL  REPUBLIC ACT 7055  APPOINTMENT OF TRIAL JUDGE ADVOCATE, DEFENSE COUNSEL AND ASSISTANCE  ARRAIGNMENT  Cont. CHALLENGE ARREST CONFINEMENT  PUNITIVE ARTICLES OF WAR Art 54 - Fraudulent Enlistment – any person who procures himself to be enlisted by:  - Willful misrepresentation or - Concealment as to qualification for enlistment. - And receive pay or allowance (Punishment as Court martial may direct).  Art. 56 - False Muster – Any officer who: Makes false muster of a men or animals. Signs, directs or allows the signing of any muster roll knowing the same to contain false statement to the absence or pay an officer or soldier. Wrongfully takes money or other consideration on mustering in a unit.  Art. 57 - False Returns Art. 58 - Acts constituting desertion: a. Any officer b. Any soldier c. Any person subject to mil law quits his organization or place of duty with intent to avoid hazardous duty or shrink important service to be deemed deserter.  Art. 58 - Is not punitive but merely as rule of evidence and charges of desertion should be brought under AW 59 (Desertion). Art. 59 - Any person subject to mil. Law desert or attempt to desert the AFP shall: a. If offense committed in time of war suffer death or such other punishment as court martial may direct. (Note: Provision of the Constitution on capital punishment). b. At any other time many punishment courts martial may direct except death.  Art. 60 - Advising or aiding another to desert. Art. 61 - Entertaining a deserter. (Example – giving shelter to deserter after desertion). Art. 62 – Absence Without Leave (AWOL) – Any person subject to military law who: AWOL is lesser including offense in desertions.  Art 63 - Disrespect Toward the President, Vice President, Congress or Set of National Defense. Art. 64 – Disrespect Towards Superior Officer Art 66 – Insubordinate Conduct toward Non- Commissioned Officer  Art. 67 – Mutiny and Sedition. Art 68 – Failure to suppressed. Art 69 – Quarrels; Frays; Disorders. Art 70 – Arrest Confinement. Art 71 – Charges action upon  Art 72 – Refusal to receive and keep Prisoners Art 73 – Report of Prisoner Received Art 74 – Releasing Prisoner without Proper Authority Art 75 – Delivery of offenders to Civil Authority  Art 76 – Misbehavior Before the Enemy Art 86 – Drunk on Duty Art 87 – Misbehavior of Sentinel Art 88A– Personal Interest is Sale or Art 88 B – A unlawfully influencing Action of Court  Article 90 – Good order to be maintained and wrong redressed. Article 91 – Provoking speeches or gestures Article 92 – Dueling Article 93 – Murder and rape  Article 94. Various crimes. Article 95. Frauds against the government.  CHECK ON LEARNING  Discuss the following:  Overview and Definitions  Punitive Article of War 54 to 95  SUMMARY Overview and Definitions a. Military Justice b. Administrative Cases c. Court Martial d. On Special Court Martial e. On Summary Court Martial f. Appointment of Trial Judge Advocate, defense counsel and assistance g. REPUBLIC ACT 7055 h. Arraignment i. Challenge j. Arrest k. Confinement  Punitive Article of War 54 to 95 QUESTIONS  YOUR ARMY "At your service, across the land".