Military Justice System: Components, Jurisdiction, and Articles of War

Military justice system

A system designed to enforce discipline and administer justice in the military service.

Investigation

The process of looking into the circumstances of a case for the purpose of verifying and establishing the facts.

Prosecution

The accusation of a crime before a legal tribunal.

Trial or adjudication

A legal action before a judge and jury.

Judgment or decision

Punishment given to the accused who committed such crime.

Administrative cases

Cases that result in decisions not involving penal sanctions, which may take mild disciplinary or instructive forms such as admonition or reprimand.

Punitive cases

Cases that result in judgments of fine, hard labor, deprivation of liberty, or a combination of these whenever guilt is proven.

Preponderance of evidence

The standard of proof required in administrative cases to gain positive adjudication.

Articles of War

A set of laws known as Commonwealth Act No. 408, enacted by the Philippine National Assembly on 14 September 1938, defining offenses punishable under the law.

Military jurisdiction

The authority to enforce military law, emanating from sources such as the constitution of the Philippines and International Law.

Court-Martial

A military court that has exclusive jurisdiction over all persons subject to military law who commit an offense penalized by the punitive articles of war.

Persons subject to military law

Includes all officers and enlisted personnel in the regular force of the AFP, reservists on active duty, cadets of the PMA and PAF Flying School, probationary lieutenants on training, trainees undergoing military instructions, retainers to camp, and those under sentence by a court-martial.

Article 54

Fraudulent Enlistment.

Article 55

Officer Making Unlawful Enlistment.

Article 56

False Muster.

Article 57

False Returns or Omission to Render Returns.

Article 58

Acts to Constitute Desertion.

Article 59

Punishment for Desertion.

Article 60

Advising or Aiding Another to Desert.

Article 61

Entertaining a Deserter

Article 62

Absence Without Leave

Article 63

Disrespect Toward the President, Vice President, Prime Minister, Chairman of the National Assembly or Minister of National Defense

Article 64

Disrespect Toward Superior Officer

Article 65

Assaulting or Willfully Disobeying Superior Officer

Article 66

Insubordinate Conduct Toward Non-Commissioned Officer

Article 67

Mutiny or Sedition

Article 68

Failure to Suppress Mutiny or Sedition

Article 69

Quarrels, Frays and Disorders

Article 70

Arrest or Confinement

Article 71

Charges, Action Upon

Article 72

Refusal or Receive and Keep Prisoners

Article 73

Report of Prisoners Received

Article 74

Releasing Prisoner Without Proper Authority

Article 75

Delivery of Offenders to Civil Authorities

Article 76

Misbehavior Before the Enemy

Article 77

Subordinate Compelling Commander to Surrender

Article 78

Improper Use of Countersign

Article 79

Forcing A Safeguard

Article 80

Captured Property to be Secured for Public Service

Article 81

Dealing in Captured or Abandoned Property

Article 82

Relieving, Corresponding with or Aiding the Enemy

Article 83

Spies

Article 84

Military Property, Willful or Negligent Loss

Article 85

Waste or Unlawful Disposition of Military Property Issued to Soldiers

Article 86

Drunk on Duty

Article 87

Misbehavior of Sentinel

Article 88

Personal Interest in Sale of Provisions

Article 88A

Unlawfully Influencing Action of Court

Article 89

Intimidating of Persons Bringing Provisions

Article 90

Good Order to be Maintained and Wrong Redressed

General Court Martial

Consist of any number of members not less than five (5) and appointed by the President, Chief of Staff of the AFP, or empowered Commanding Officers.

Special Court Martial

Consist of any number of members not less than three (3) and appointed by Commanding Officers of major commands or empowered by the President.

Summary Court Martial

A trial with faster proceedings, having at least one member who acts as president, trial judge advocate, and defense council.

Military Commission or Tribunal

Plays the same role as court-martial, tried cases during martial law, including civilians for offenses not triable by courts martial.