Military Justice System PDF

Military Justice System Honor. Patriotism. Duty.  CLASSROOM RULES ❑ Student to turn their phone into silent mode. ❑ For attending personal necessities, students to raise their right hand and use the exit door at the back. ❑ Sleepy student may stand or perform stre...

Military Justice System Honor. Patriotism. Duty.  CLASSROOM RULES ❑ Student to turn their phone into silent mode. ❑ For attending personal necessities, students to raise their right hand and use the exit door at the back. ❑ Sleepy student may stand or perform stretching at the back of the class ❑ Students can ask questions during the discussion. ❑ In case of emergency, students are to follow the escape routes as prescribed by the evacuation plans. Honor. Patriotism. Duty.  SCOPE OF PRESENTATION Concept of Mil Justice System Person Subject to Military Law Role of the Military Military Jurisdiction Punitive Articles of War Preparation of Investigation Report (IR) Honor. Patriotism. Duty.  CONCEPT Designed to enforced discipline and administer justice in the military service. Components: Investigation Prosecution Trial or Adjudication Judgement or Decision Honor. Patriotism. Duty.  CONCEPT Admin Cases - are those that result in the decision not involving penal Thesanction type ofand may take evidence such and mild discipline or degree instructive of forms proof as admonition, required are alsoreprimand differentand for the like. Those are usually disposed of all commanders detach unit to those categories. the highest command level. Punitive Cases required guilt to be proven beyond reasonable Punitive Cases - are those that result in judgement of fine , hard labor, while Admin doubtdeprivation Cases of liberty required only or combination of those whenever guiltpreparedness of evidence of those involved to gain These are are proven. punitive usually higher command leveladjudication and matters. Honor. Patriotism. Duty.  Person Subject to Military Law All Officers and soldiers in the active service of the AFP Members of the Reserve Force from dates of their CAD and while on active duty Training undergoing military instructions All other persons lawfully called, Draftees or ordered into, or to duty or for training in the service from dates of their calls, drafs or order to obey the same Honor. Patriotism. Duty.  Person Subject to Military Law Cadets of PMA, Flying Cadets of the PAF, Flying Schools and P2LTs All retainers to the camp and all person accompanying or serving with the AFP in the field in time of war or when Martial Law is declared All persons under sentence adjudge by Court-Martial Honor. Patriotism. Duty.  Role of the Military In consonance with national objectives Uphold the sovereignty, support the constitution and defend the territory of the RP against all enemies, foreign and domestic Promote and advance the national aims, goals, interest and policies Honor. Patriotism. Duty.  Role of the Military Plan, organize, maintain, develop and deploy its regular and citizen reserve forces for national security Assist and support the National Government in its task of nation building Perform other functions as may be provided by law or assigned by higher authorities Honor. Patriotism. Duty.  ROLE OF THE MILITARY DURING NORMAL CONDITIONS Perform civic action Law enforcement duties Socio-economic programs Enhancement of training programs Strengthening of Reserve Force Upgrading mission, objectives or goals to include policies Formulation of self-reliance program Enhance of Public Relation program Upgrading of morale and welfare of the members of the AFP Enhancement of sports and other recreational activities Honor. Patriotism. Duty.  Military Jurisdiction Sources: y Constitution of the Philippines y International Law Honor. Patriotism. Duty.  Court-Martial Classification: General Special Summary Honor. Patriotism. Duty.  Court-Martial Composition: y All commissioned Officer in the Active Duty y No distinction exists among the various classes of officer in the mil service y 2LTs and members of the Nurse Corps and Reserve Officer on Active Duty training may not serve on court martial Honor. Patriotism. Duty.  Court-Martial Number: y General CM - any member of officer not less than five (5). y Special CM - any member of officer not less than three(3). y Summary CM - consist of one (1) officer. Honor. Patriotism. Duty.  Court-Martial A law member, who shall not be an officer of the Judge Advocate General Service shall be detailed as one of the members of the GCM Honor. Patriotism. Duty.  Court-Martial Appointing Authorities: y General Court-Martial President of the Philippines CSAFP When empowered by the President CO of Division Supt of PMA (except for the trial of an offr) CO of Separate Brigade or Body of Troops Honor. Patriotism. Duty.  Court-Martial Appointing Authorities: y Special Court-Martial Persons who can appoint GCM When empowered by the President CO of Garrison, Fort, Camp, Brigade, Regiment, Detached Bn or other Detached Command Honor. Patriotism. Duty.  Court-Martial Appointing Authorities: y Summary Court-Martial CO of Garrison, Fort, Camp or other place where troops are on duty and the CO of a Regiment, Detached Bn, Detached company or other detachment Honor. Patriotism. Duty. PUNITIVE ARTICLES OF WAR Honor. Patriotism. Duty.  Enlistment, Musters, Returns Article 54 - Fraudulent Enlistment Any Person who procures himself to be enlisted by: Willful misrepresentation Concealment as to qualification for enlistment and receive Pay and Allowances Honor. Patriotism. Duty.  Enlistment, Musters, Returns Article 54 - Fraudulent Enlistment Instance Offenses Concealment of previous dishonorable discharge Concealment of discharge without honor Concealment that he was a deserter False representation of marital status Honor. Patriotism. Duty.  Enlistment, Musters, Returns Article 54 - Fraudulent Enlistment Fraudulent enlistment is not void but voidable only at the option of the government. The offenses can be waived and the soldier may be retained in the service Honor. Patriotism. Duty.  Enlistment, Musters, Returns Article 54 - Fraudulent Enlistment Maximum Punishment Dishonorable Discharge Forfeiture of all Pay and Allowances 1 -year confinement and hard labor Honor. Patriotism. Duty.  Enlistment, Musters, Returns Article 55 - Officer Unlawful Enlistment Any officer who knowingly enlist or musters into the military service to any person whose enlistment or muster is prohibited Honor. Patriotism. Duty.  Enlistment, Musters, Returns Article 56 - False Muster Any officer who are: Make false muster of a men or animals Sign, direct or allows the signing of any muster roll knowing to the same contain false statements as to the absence or pay an officer or soldier Wrongfully takes money or other consideration Honor. Patriotism. Duty.  Enlistment, Musters, Returns Article 56 - False Muster Punishment: Dismissal from the service Suffer punishment as Court-Martial may direct Honor. Patriotism. Duty.  Enlistment, Musters, Returns Article 56 - False Muster Example of Offense Mustering of any person by wrong name Mustering any person as soldier when he is not a soldier Including officer and men as present when they are absent from the regiment Including officer and men as member of the unit after they have been discharge or dead Honor. Patriotism. Duty.  Enlistment, Musters, Returns Article 57 - False Return Committed by officer who render false report to superior authority on the return of troops under his unit or arms, ammunition, funds, etc Honor. Patriotism. Duty.  Enlistment, Musters, Returns Article 57 - False Return Punishment: Dismissal from the service Suffer other punishment as Court-Martial may direct Honor. Patriotism. Duty.  Enlistment, Musters, Returns Article 57 - False Return Article 171 Falsification of public office, employee, notary or ecclesiastics Honor. Patriotism. Duty.  Desertion, Absence Without Leave Article 58 - Acts Constituting Desertion Any officer, having tendered his resignation and prior notice or acceptance, quits his post or proper duties without leave and with intent to absent permanently Any officer without having first discharge against enlist in the AFP or AF of foreign country Any person subject to military law quits his organization or place of duty with intent to avoid hazardous duty or shirk important service Honor. Patriotism. Duty.  Desertion, Absence Without Leave Article 59 - Desertion -No intent to Return Any person subject to military law desert or attempt to desert the AFP shall: If the offense committed in time of war shall suffer death or such other punishment as Court-Martial may direct At any other time - any punishment that Court-Martial may direct except death. Honor. Patriotism. Duty.  Desertion, Absence Without Leave Article 60 - Advising or Aiding another to Desert Any person who: Advises,In advising or persuading persuades, to desert, to assist another it is not desert the service necessary that there is actual desertion. It is important that the prosecution should Punishment: have induced the act Wartime - DEATH Committed at other time - any punishment except death Honor. Patriotism. Duty.  Desertion, Absence Without Leave Article 62 - Absent Without Leave (AWOL) Any person subject to military law who: Fails to report at fixed time to the properly appointed place of duty AWOL Goes from is lesser same offense without included proper in Desertions leave Absent himself from his command, guard quarters, station without leave Punishment: As Court-Martial may direct Honor. Patriotism. Duty.  Disrespect, Insubordination, Mutiny Article 63 - Disrespect toward President, Vice President, Congress, or SND Mere adverse Any officer criticism who uses uttered in a political contemptuous or disrespect discussion not intended to be respectful is words against the above not violated in this article Punishment: Dismissed from the service As Court-Martial may direct Honor. Patriotism. Duty.  Disrespect,Insubordination,Mutiny Article 64 - Disrespect toward Superior Officer Any person who behave with disrespect toward his superior officer Punishment: As Court-Martial may direct Honor. Patriotism. Duty.  Disrespect,Insubordination,Mutiny Article 64 - Disrespect toward Superior Officer Offenses Words like open declaration of intention to disobey orders Disrespect word uttered against an officer in the presence of other officer Acts neglecting the customary salute By indifference, insolence or rudeness in his presence Honor. Patriotism. Duty.  Disrespect,Insubordination,Mutiny Article 65 - Assaulting or Willfully Disobeying Superior Officer Any person subject to military who: Strikes his superior officer Draw or lift any weapon Officer violated against him being in the execution of his office Willfully disobey any lawful command of his superior Punishment: DEATH or as Court-Martial may direct Honor. Patriotism. Duty.  Disrespect,Insubordination,Mutiny Article 66 - Insubordinate Conduct toward Non-Commissioned Officer Any soldier who: Strikes or assaults, or who attempts of threatens to strike or assault, or willfully disobeys order of a NCO or uses threatening or insulting language, or behaves in an insubordination or respectful manner toward a NCO while in an execution of his office Punishment: As Court-Martial may direct Honor. Patriotism. Duty.  Disrespect,Insubordination, Mutiny Article 67 - Mutiny or Sedition Any person subject to military law who: Attempt to create or who begins, excite, causes or joins any mutiny or sedition in company, party, post, camp, detachment guard or command. Punishment: DEATH As Court-Martial may direct Honor. Patriotism. Duty.  Disrespect, Insubordination, Mutiny Mutiny - concerted insubordination on opposition, defiance of, or resistance to lawful mil authority by two or more persons subject to such authority or neutralize it for the time being. Sedition - form of resistance to civil power demonstrated by riot, disorder. Intent alone is not sufficient no matter how deliberate and fixed or even if there is unanimous conspiracy, the offense of mutiny will fail. In other words, words alone, unaccompanied by acts will not suffice to constitute mutiny. Honor. Patriotism. Duty.  Disrespect, Insubordination,Mutiny Article 68 - Failure to suppress Mutiny or Sedition Any officer or soldier present at any mutiny or sedition does not use his utmost endeavor to suppress the same It is crime of having reasonsimply to “stand to believe by” that while mutiny mutiny is is to or sedition being committed take place does not without delay, give info to his CO. Punishment: DEATH As Court-Martial may direct Honor. Patriotism. Duty.  Disrespect,Insubordination,Mutiny Article 69 - Quarrels, Frays, Disorders Any officer, NCO have power to part and quell all quarrels, frays, and disorders among person subject to mil law and to Punishment: order officers who take part in the same into arrest, and other DEATH persons subject to mil law who in the same arrest, or As Court-Martial confinement may directmay require until their proper as circumstances superior officer is acquitted there with. And whoever, being dared to refuse to obey such officer, or draws a weapon upon otherwise threatens or does violence to him. As amended by RA 516 Honor. Patriotism. Duty.  Arrest and Confinement Article 70 - Arrest or Confinement Any person subject to mil law charged with crime or with an offense under these articles shall be placed in confinement or arrest as circumstances may require; but when charge with a minor offense only, such person shall not ordinarily be placed in confinement. Or who break his arrest, whether before or after trial or sentence and before he set at liberty by proper authority. Punishment: As Court-Martial may direct Honor. Patriotism. Duty.  Arrest and Confinement Article 71 - Charges; Action Upon Charges and specifications must be signed by a person subject to mil law, and under oath either that has personal knowledge of , was investigated, the matters set forth therein and that the same are true in fact, to the best of his knowledge and belief. Honor. Patriotism. Duty.  Arrest and Confinement Article 72 - Refusal to Receive and Keep Prisoners No Provost Marshall or Commander of the Guard shall refuse to receive or keep any prisoner committed to his charge by any officer belonging to the AFP or PNP, provided the officer committing shall, at the time deliver an account in writing, if the crime of offenses charges against the prisoner. Punishment: (Any Officer or Soldier) As Court-Martial may direct Honor. Patriotism. Duty.  Arrest and Confinement Article 73 - Report of Prisoner Receive Every Commander of the Guard whose charge a prisoner is committed shall, within 24 hrs after such confinement, or as soon he is relieve from his guard, report in writing to the Commanding Officer the same of such prisoner, the offense charge against his, and the same of office committing to him. Punishment: (Fails to make report) As Court-Martial may direct Honor. Patriotism. Duty.  Arrest and Confinement Article 74 - Releasing Prisoner Without Proper Authority Any person subject to mil law, without proper authority, release any prisoner duly committed to his charge, or who through neglect or design suffers any prisoner to committed to escape. Punishment: As Court-Martial may direct Honor. Patriotism. Duty.  Arrest and Confinement ArticleWhen 75 under - Delivery of Offenders the provision of this Article,to Civil delivery is made to the civil authorities of an Authorities When a person offender subjectundergoing to mil law, sentence except one of awho is held by the mil Court-Martial, Punishment:authorities (Any COtoinanswer,such time delivery, or who of War, isifawaiting to deliverfollowed over such byor result trial accused orconviction, of trialperson to theiscivil who shall beorsentence authority undergoing held to aidto interrupt officer for of a crimetheof offense Justice in apprehending punishable under and securing those execution him) articles of the isoffense accusedofa crime or offense Dismissed committed from the and the Service and punishable Court-Martial under thethose offense article shallisbeaccused a crime As or offensemay Court-Martial committed direct and punishable by law ordinance, return to military custody, after the CO is required, except in time of war, to deliver such having accused personansweredto thetocivil the civil authorities authorities or the for his of Justice Officer offense,and in apprehending for securing the completion him, into order the saidthat he may brought to trial. Court-Martial sentences Honor. Patriotism. Duty. WAR OFFENSES Honor. Patriotism. Duty.  War Offenses Article 76 - Misbehavior before the Enemy Punishment: Death/As CM may direct Article 77 - Subordinate Compelling Commander to Surrender Punishment: Death/As CM may direct Article 78 - Improper Use of Countersign Punishment: Death/As CM may direct Honor. Patriotism. Duty.  War Offenses Article 79 - Forcing a Safeguard Punishment: Death/As CM may direct Article 80 - Captured Property to Secure Service (As amended RA 242) Punishment: As CM may direct Article 81 - Dealing in Captured or, Abandoned Property Punishment: Fine or Imprisonment/As CM may direct Honor. Patriotism. Duty.  War Offenses Article 82 - Relieve, Corresponding With, or Aiding the Enemy Punishment: Death/As CM may direct Article 83 - Spies - (Amended by RA 242) Punishment: (Tried by GCM or Military Commission) Conviction - Death Article 84 - Military Property Punishment: As CM may direct Honor. Patriotism. Duty. Miscellaneous Crimes and Offenses Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 85 - Waste on Unlawful Disposition of Military Property Issued to Soldier Punishment: As CM may direct Article 86 - Drunk on Duty Punishment: Officer (In time of War)- Dismissed from the Svc/ (Time of Peace) -As CM may direct/ Any Person Subject to Mil Law (Except Officer) - As CM may direct Article 87 - Misbehavior of Sentinel Punishment: (In time of War) - Death/As CM may direct/ (Time of Peace) - As CM may direct except death Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 88 - Personal Interest in Sale or Provision Punishment: As CM may direct Article 88A - Unlawfully Influencing Action of Court Violation: Favoring a certain private contractors in the supply of victuals, other food stuff or other necessaries of life used by the soldier in the camp or station of which he is the CO In order to violate this Article, it is necessary for the CO has gained private advantage, either for himself or any member of his family Punishment: As CM may direct Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 89 - Intimidation of Persons Bringing Provisions Confinement in a penitentiary is not authorized Punishment: for theAs CM may offense direct of attempting to of rioting Article commit 90 - Good Orderthey a riot because toare bepunishable Maintained and Wrong Redresses by imprisonment for more than one year Commits any kind of Depredation or Riot Punishment: Any PersonRioting - As CM is maya direct tumultuous disturbance of the Dismissed frompeace the Svc/As CM or by three may directpersons more (Any CO that refused or omits to apply the offender’s pay towards acting with a common intent the separation as provided for in AW 106) Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 91 - Provoking Speeches or Gestures Punishment: As CM may direct The main object of this Article is to check such manifestation of a hostile temper as by inducing retaliation might lead to duels or other disorders On the prosecution for using provoking language to an officer in violation of this Article, the court was not authorized to substitute a fencing of guilt under AW 64 (Disrespect toward Superior Officer) Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 92 - Dueling Committed by person subject to mil law who: Fights or promotes or is concerned in or connives at fighting a duel HavingDuel - a concerned knowledge of afight betweensent challenge two persons or about to be sent orwith deadly fails weapons, to report thethefact object of which isto proper promptly claimed to be the satisfaction of wounded honor authority Punishment: Officer - Dismissed from the Svc/As CM may direct Any Person - As CM may direct Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 92 - Dueling Elements of Duel: It must Challenge be permitted - is and a written or verbalasdemand deliberate, or distinguished from sudden encounter invitationintowarm anotherblood units in such a combat. It must beThe complete giving the of aemployment of weapons challenge, directly and infrom the use of which homicide person may be expected by challenger himself to be natural is not and probable considered sequence and offense under this Article but one which It must be resorted to, ostensibly at least, with a view to would obtaining properly amends for besome charged under direct the General which has injuriously affected the character of theArticle person concerned Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 93 - Murder, Rape Punishment: (In time of War) DEATH or Imprisonment for Life As CM law may direct Definition of murder under this Article of War is the same in the Revised Penal Code. In time of war contemplate a state of war including civil war. If a murder or rape is committed in time of peace, the offense fall under AW 94 to various crime and in imposing the penalty for such offense, penalties provided by the RPC shall be taken into consideration. Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 94 - Various Crime This AW has been modified by PD 1850 which makes person subject to mil law trial by Court-Martial irrespective whether the offense was committed inside or outside a military reservation and whether or not the offended party is a person subject to mil law Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 95 - Frauds against the Government The offender must know that the claim against the government is false fraudulent. If the offender is discharge or dismissed from the service, he shall continue to be liable to be arrested and held for trial by a Court-Martial in the same manner as if he had not received such discharge nor dismissed Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 96 - Conduct Unbecoming of an Officer and Gentlemen Military Personnel amenable under this AW: Officer Cadet Flying/P2LT Penalty: Dismissal from the Service Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 96 - Conduct Unbecoming of an Officer and Gentlemen The action or behavior is committed by an officer is an official or private capacity and it bring dishonor or disrespect upon the military profession which he represent. For the application of mandatory sentence of dismissal, the conduct must be disgraceful and manifestly unfitting both an officer and gentlemen and such as to exhibit as unworthy to held a commission in the Armed Forces. Dishonorable acts should not be charged under this Article. Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 96 - Conduct Unbecoming of an Officer and Gentlemen Illustration: The failure or neglect to pay private debts, unless accompanied by dishonorable conduct such as false representation, deceit, does not ordinarily constitute a violation of this Article. But continued indifference to pecuniary collocations, causing repeated complaints of creditors and bringing scandal upon military service, constitutes an offense under this Article Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 97 - General Article Refers to: All disorders and neglect to the prejudice of good order and military discipline and all conduct of nature as to bring discredit upon the military service General Court-Martial or Summary Court-Martial shall take this offense according to the nature and degree of the offense Penalty: Discretionary upon the court Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 97 - General Article Purpose: To provide for the trial and punishment of any and all military offenses not expressly made cognizance by Court-Martial in other and more specific Articles and thus to prevent the possibility of a failure of justice Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 97 - General Article Scope: All such sins of commission or omission on the part of officers and soldiers as, on the hand, do not fall on the category of crimes, and on the other hand, are not expressly made punishable in any other specific Articles of the Code; While yet being clearly prejudicial to good and military discipline. The “PREJUDICE” should be reasonably and capable. Honor. Patriotism. Duty.  Miscellaneous Crimes & Offenses Article 97 - General Article Illustration fostering disaffection by wrongly advising and encouraging the preparation and information to the Inspector General of letter of criticism, and protest by enlisted men for the purpose of discrediting the Junior Officer, Company Officer and bringing about an investigation in the expectation that the Company Commander would be removed. Honor. Patriotism. Duty.  Preparation of Investigation Report Honor. Patriotism. Duty.  Investigation Report Heading s: AUTHORITY MATTERS INVESTIGATED ®Heading are THE FACTS OF CAPITALIZED CASE and followed by aDISCUSSION colon CONCLUSIONS ®The investigation or the investigating officer RECOMMENDATIONS signs the report AUTHORITY ®On top of the letterhead and on the lower DETAILS fold of paper, the RECOMMENDATIONS word CONFIDENTIAL is type or stamped Honor. Patriotism. Duty.  CONFIDENTIAL (Letterhead) CODE Date SUBJECT/NATURE OF CASE: TO: (The Chief or Commander who assigned the case) AUTHORITY: 1. MATTERS INVESTIGATED: 2. FACTS OF THE CASE: 3. DISCUSSION: 4. CONCLUSIONS: 5. RECOMMENDATIONS: 6. CONFIDENTIAL (Investigating Officer)  CONFIDENTIAL (Letterhead) CODE Date SUBJECT/NATURE OF CASE: TO: Indicate here whether the report is an initial report or progress report No. 1 or 2. As the case may be AUTHORITY : 1. DETAILS: 2. RECOMMENDATION: 3. (Investigating Officer) CONFIDENTIAL Honor. Patriotism. Duty.