[EXECUTIVE ORDER NO. 1005]
ANIENDING CHAPTER XXIV (SECTIONS 105 THRU 109) OF EXECUTIVE ORDER No. 178, DATED DECEMBER 17, 1938, OTHERWISE KNOWN AS THE “MANUAL FOR COURTS-MARTIAL, ARMED FORCES OF THE PHILIPPINES.
Pursuant to the authority vested in me by Article 37 of Commonwealth Act No. 408, as amended, entitled “An Act for making further and more effectual provision for the national defense by establishing a system of military justice for persons subject to military law, “I, FERDINAND E. MARCOS, President of the Republic of the Philippines, do hereby prescribe, consonantly to the provisions of Article of War 105, as amended, the attached rules amending Chapter XXIV (Sections 105 thru 109) of Executive Order No. 178, dated December 17, 1938, otherwise known as the “Manual for Courts-Martial, Armed Forces of the Philippines.
Done in the City of Manila, this 28th day of January, in the year of Our Lord, nineteen hundred and eighty-five.
(Sgd) Ferdinand E. MARCOS
DISCIPLINARY POWER OF COMMANDING OFFICER
AUTHORITY – POLICIES APPLICABLE – EFFECT OF ERRORS – PUNISHMENTS -
PROCEDURE: RECORDS OF PUNISHMENT – SUSPENSION, MITIGATION, REMISSION AND SETTING ASIDE – APPEALS – MISCELLANEOUS.
105. AUTHORITY. – a. Who May Impose Disciplinary Punishment. – For statutory basis of authority, see A.W. 105. The commanding officer of any detachment, company, battalion, squadron, commissioned vessel, or higher command may, for minor offenses, impose disciplinary punishments upon persons of his command who are subject to military law, including officers, without the intervention of a court martial. For purposes of A.W. 105, the following shall be deemed as “commanding officers” with respect to persons on detached service or assigned to their respective offices who are subject to military law: the Vice Chief of Staff, The Deputy Chief of Staff, the Deputy Chiefs of Joint Staff of the Armed Forces of the Philippines; the Chiefs of the Special, Administrative, Technical and Personal Staffs, General Headquarters, Armed Forces of the Philippines; and the Chiefs of the General Staff of the Major Services and Unified Commands of the Armed Forces of the Philippines. The terms “detached service” and “assigned” as used herein have the same meaning as the term “of his command.”
b. Delegation Prohibited. – The authority of a commanding officer under A.W. 105 can not be delegated, but communications with respect thereto may be signed or transmitted by him personally or as provided for official communications in general. However, a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may specifically delegate his powers under A.W. 105 to an officer who is one of his principal assistants. Unless otherwise prescribed by these regulations or the terms of the delegation, the officer to whom these powers are delegated has the same authority under A.W. 105 as the officer who delegated the powers.
c. Minor Offenses. -The term “offenses”, as used in connection with the authority to impose disciplinary punishment under A.W. 105 for minor offenses, “include only those acts or omissions punishable under the Articles of War. Whether or not an offense maybe considered as “minor” depends upon its nature, the time and place of its commission, the persons committing it, and other circumstances surrounding its commission. Generally, the term include derelictions not involving moral turpitude or any greater degree of criminality than is involved in the average offense tried by summary court-martial. An offense for which the Articles of War prescribed a mandatory punishment or authorize the punishment of dishonorable discharge or bad conduct discharge, or penitentiary confinement (See A.W. 41), is not a minor offense.”
d. Non-punitive Measures. – A.W. 105 and the provisions of this chapter do not apply to, include, or limit the use of those non punitive measures that a commanding officer is authorized and expected to use in order to further strengthen the efficiency of his command or unit, such as administrative admonitions, reprimands, exhortations, disapprovals, criticisms, censures, reproofs and rebukes, written or oral, not intended or imposed as punishment, but as a purely corrective measure, more analogous to instruction than to punishment, in the strict line of his duty to create and maintain efficiency.
106. POLICIES. a. General. – Commanders are responsible for the maintenance of discipline within their commands. In the great majority of instances, discipline can be maintained through effective leadership including, when required, the use of non punitive measures which a commander is expected to use to further the efficiency of his command or unit (See Sec 105d). A commanding officer should resort to his power under A.W. 105 in every case where that article applies and where non punitive measures are considered insufficient, unless it is clear that punishment under that article would not meet the needs of justice and discipline. Superior commanders should restrain any tendency of subordinate commanders to resort unnecessarily to court-martial jurisdiction for the punishment of offenders.
b. Referral to Superior Authority. – If a commanding officer determines that his authority under A.W. 105 is insufficient to make a proper disposition of the case, he may refer the case to a superior commander for appropriate disposition.
c. Evaluation. – Before exercising authority under A.W. 105, a commanding officer must thoroughly evaluate each case. No policy may be established whereby certain categories of offenses must be disposed of under A.W. 105 regardless of the circumstances, or predetermined kinds or amounts of punishments must be imposed for certain classifications of offenses that are proper for disposition under A.W. 105.
d. Matters to be Considered in Determining Appropriate Punishments: Suspension. – Punishments under A.W. 105 are primarily corrective in nature. In determining the appropriate kind and amount of punishment to be administered, commanding officers should consider the age, experience, intelligence and prior disciplinary and military record of the offender, as well as all the other facts and circumstances of the case. In the selection of the appropriate kind or combination of punishments to be imposed, the nature and characteristics of the various forms of authorized punishments discussed in Section 108 should be considered. This information should also be used by superior authority to whom appeals from punishments imposed under A.W. 105 are directed when he takes action on those appeals.
In determining an appropriate punishment, commanders should consider the desirability of suspending probationally all or a portion of the punishment selected. Probational suspension of punishment normally is warranted in the case of first offenders or when persuasive extenuating or mitigating matters are present. Suspension not only provides a behavioral incentive to the offender, but also affords the commander an excellent opportunity to evaluate the offender during the period of suspension.
107. EFFECT OF ERRORS. – Any failure to comply with any of the procedural provisions of this chapter will not invalidate a punishment imposed under A.W. 105, except to the extent that may be required by a clear and affirmative showing of injury to a substantial right of the person on whom the punishment was imposed, which right was neither expressly nor impliedly waived.
108. PUNISHMENTS. – a. Authorized Maximum Punishments. – In addition to, or in lieu of, admonition or reprimand, the various categories of commanding officers authorized in A.W. 105 and this chapter (See Sec 105a) may imposed upon military personnel of their commands, one or more of the following disciplinary punishments:
(1) Upon commissioned officers of his command -
(a) By any commanding officer -
(i) Withholding of privileges for not more than 30 consecutive days;
(ii) Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days;
(iii) Arrest in quarters for not more than 15 consecutive days;
(iv) Forfeiture of not more than one-half of one month’s base pay;
(v) Detention or withholding of not more than one-half of one month’s base pay per month for three months;
(vi) Deprivation of liberty on shore not exceeding 30 consecutive days, with respect to those attached to or embarked in a commissioned vessel of the Philippine Navy.
(b) By an officer exercising general court-martial jurisdiction or an officer of general or flag rank in command -
(i) Withholding privileges for not more than 60 consecutive days;
(ii) Restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
(iii) Arrest in quarters for not more than 30 consecutive days;
(iv) Forfeiture of not more than one-half of one month’s base pay per month for three months;
(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 60 consecutive days with respect to those attached to or embarked in a commissioned vessel of the Philippine Navy.
(2) Upon other military personnel of his command -
(a) By any commanding officer -
(i) Withholding of privileges for not more than 30 consecutive days;
(ii) Restriction to certain specified limits, with or without suspension from duty, for not more than 15 consecutive days;
(iii) Arrest in quarters for not more than 15 consecutive days;
(iv) Forfeiture of not more than one-half of one month’s base pay;
(v) Detention or withholding of not more than one-half of one month’s base pay per month for three months;
(vi) Hard labor without confinement for not more than 15 consecutive days;
(vii) Confinement not under guard for not more than 15 consecutive days;
(viii) Correctional custody for not more than 15 consecutive days;
(ix) Extra duties, including fatigue or other duties, for not more than 15 consecutive days;
(x) Reduction to one or two inferior pay grades, if the grade from which demoted is within the promotion authority of the officer imposing the reduction of any officer subordinate to the one who imposes the reduction;
(xi) With respect to those attached to or embarked in a commissioned vessel of the Philippine Navy, deprivation of liberty on shore not exceeding 30 consecutive days, or confinement on bread and water or diminished rations for not more than five consecutive days.
(b) Enforcement of Punishment.- Degrading Punishments Prohibited – Punishment will be strictly enforced. Any failure in this respect has, if anything, a worse effect on discipline than an unwarranted condonation of the offense for which the punishment was imposed. Except as otherwise prescribed, the immediate commanding officer of the person upon whom the punishment is imposed is charged with the execution of the punishment imposed pursuant to A.W. 105. No form of punishment is permitted which tends to demean or degrade the rank or position of the person on whom such punishment is imposed.
c. Nature of Punishment – (1) Admonition and Reprimand – When admonition or reprimand is imposed as a punishment under A.W. 105, it should be clearly indicated that it is imposed as a punishment under that article. (See Sec. 105d as to admonitions and reprimands imposed as purely administrative measures). An admonition or reprimand may be imposed in lieu of or combined with other punishments authorized under A.W. 105.
(2) Restriction. – Restriction, which is the least severe form of deprivation of liberty, involves moral rather than physical restraint. Restriction may be from a specified geographical limits, and the person undergoing this form of punishment may be required to report to a designated place at specified times, if it is considered reasonably necessary to insure that the punishment is being properly executed. Unless otherwise specified in the restriction order, a person in restriction may be required to perform any military duty.
(3) Arrest in quarters. – As in the case of restriction, the restraint involved in this punishment is enforced by moral obligation rather than by physical means. An officer undergoing punishment of arrest in quarters may be required to perform any military duty or duties prescribed by regulations promulgated by the Minister of National Defense. However, a military person so punished is required to remain, within his quarters during the period of punishment unless the limits of his arrest are otherwise extended by appropriate authority. Quarters of a military person may consist of his military residence, whether a tent, barracks or other quarters assigned to him, or a private residence occupied by him when he has not been furnished government quarters.
(4) Correctional Custody. – It is the physical restraint of a person during duty or non-duty hours, or both, and may include extra duties or fatigue duties. If practicable, this form of restraint should not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
(5) Confinement. – The restraint involved in this punishment is enforced by physical means by being imprisoned in the guard house. Confinement under guard or control of a guard is not authorized.
(6) Confinement on Bread and Water of Diminished Rations. – This punishment may be imposed only upon enlisted persons attached to or embarked in a commissioned vessel of the Philippine Navy. It involves confinement in a place where the person so confined may communicate only with authorized-personnel. The ration to be furnished a person undergoing a punishment of confinement on diminished rations is that specified by the authority charged with the administration of the punishment, but the ration may not consist solely of bread and water, unless this punishment has been specifically imposed. When punishment on bread and water or diminished rations is imposed, a signed certificate of a medical officer containing his opinion that no serious injury to the health of the person to be confined will be caused by that punishment, must be obtained before the punishment is executed. The certificate, which shall be attached to the record of proceedings, shall be in the following form:
“I certify that from an examination of _________________________, and of the place where he is to be confined, I am of the opinion that the execution of the foregoing sentence to confinement on (bread and water) (diminished rations) will (not) produce serious injury to his health.”
A person is attached to or embarked in a vessel if, at the time of disciplinary punishment is imposed, he is assigned or attached to the vessel, is on board for passage, or is assigned or attached to an embarked staff, unit, detachment, squadron, team, air group, or other regularly organized body.
(7) Extra Duties. – This involves the performance of duties in addition to those normally assigned to the person undergoing the punishment. It may include fatigue duties, military duties of any kind may be assigned as extra duty. (But see Sec. 108b).
(8) Reduction in Grade. -This is one of the most severe forms of disciplinary punishment which may imposed as penalty for misconduct. A commander, therefore, should exercise his authority to effect a reduction with discretion. As used in A.W. 105, the phrase, “if the grade from which demoted is within the authority by the officer imposing the reduction or any officer subordinate to the one who imposes the reduction” does not refer to the authority to promote the individual, concerned but to the general authority to promote to the grade held by the individual to be punished.
(9) Forfeiture of Basic Pay. – Forfeiture involves a permanent loss of entitlement to the basic pay forfeited. “Basic pay” includes no element of pay other than the basic pay fixed by statute or regulations for the grade of the individual concerned. It excludes additional pay such as longevity pay, flying pay, hazardous duty pay, incentive pay, combat pay, specialist pay, sea duty pay, etc. If the punishment includes both reduction, whether or not suspended, and forfeiture of pay, the forfeiture must be based on the grade to which reduced. Also, any monthly contribution from his pay that a military person is required by law to make to entitle him to benefits under the said law must be deducted before the net amount of pay subject to forfeiture is computed. The amount to be forfeited is expressed in peso amounts only (not in peso and centavos) and not in a number of days’ pay of fractions of monthly pay. If the forfeiture is to be applied for more than one month, the amount to be forfeited per month and the number of months should be stated. Forfeiture of pay may not extend to any pay accrued before the date of its imposition.
(10) Detention or Withholding of Basic Pay. – Unlike a forfeiture of pay, a detention or Withholding of pay involves only a temporary withholding of pay, and in no case shall extend beyond the offender’s term of service. The period for which the pay is to be withheld must be specified at the time the punishment of detention is imposed. As in the case of forfeiture of pay, only basic pay may be withheld, and that any monthly contribution from his pay that any military person is required by law to make to entitle him to the benefits under said law must be deducted before the net amount of pay subject to withholding is computed. The amount to be withheld will be expressed in peso amounts only (not in pesos and centavos) and not in a number of days’ pay or fractions of monthly pay. If the withholding is to be applied for more than one month the amount to be withheld per month and the number of months should be stated. If the punishment includes both reduction, whether or not suspended, and withholding, the withholding must be based on the grade to which reduced. The amount withheld is returned to the offender at the expiration of the specified period of withholding or the offender’s term of service, whichever is earlier. Withholding of pay may not extend to any pay accrued before the date of its imposition.
d. Combination and Apportionment. – (1) Restriction and extra duties may be combined to run concurrently, but the combination may not exceed the maximum duration imposable for extra duties. Restriction or extra duties may also be combined to run concurrently with correctional custody but not beyond the maximum duration imposable for correctional custody. Restriction may be combined to run concurrently with arrest in quarters but not beyond the maximum duration imposable for arrest in quarters. Correctional custody inherently includes a form of restriction and may include extra duties. Arrest in quarters and restriction, or two or more of the punishments of correctional custody, extra duties, and restriction may not be combined to run consecutively in the maximum amount imposable for each. All of these punishments are in the nature of deprivation of liberty, and when they are combined to run concurrently there must be an apportionment as provided herein.
Forfeiture of basic pay and withholding of basic pay may not be combined to run either concurrently or consecutively without an apportionment. Both punishments amount to a deprivation of entitlement to pay, either permanently or temporarily. A commanding officer may also impose forfeiture or withholding of pay, or a properly apportioned combination of these punishments, with a reduction in grade. Confinement on bread and water or diminished rations may not be imposed in combination with correctional custody, extra duties or restriction. Where an apportionment is required when combining certain punishments, the following Table of Equivalent Disciplinary Punishments will be used in substituting one form of punishment for another:
TABLE OF EQUIVALENT DISCIPLINARY PUNISHMENTS
Kind of Punishment
Upon Commissioned Officers
Upon other Personnel
|Arrest in quarters
|Forfeiture of pay
Withholding of pay
1 day’s pay
1 day’s pay
*The factors designated by asterisks are 2 instead of 1 1/2 when the punishment is imposed by a commanding officer below the grade of lieutenant colonel or commander. The punishment of forfeiture or withholding of basic pay may not be substituted for the other punishments listed in the table, nor may those other punishments be substituted for forfeiture or withholding of pay.
(2) Illustrations: (a) A commanding officer in the grade of lieutenant colonel or commander, or above, may impose upon an enlisted person punishment consisting of restriction for 20 days, extra duties for 15 days, and correctional custody for 10 days to run consecutively using the following calculations: the authorized maximum restriction imposable is 60 days, of which only 20 days have been imposed; 15 days extra duties can be substituted for 20 of the unused days of restriction (1 1/2 for 2); and 10 days of correctional custody can be substituted for the remaining 20 days of unused restriction to limit (1 for 2).
(b) A commanding officer with GCM jurisdiction may impose upon a commissioned officer a forfeiture of 5 days’ pay and a detention of 10 days’ pay for the first month; the same forfeiture and detention for the second month, the same forfeiture and detention for the third month, and a detention of 15 days pay for the fourth month. This is calculated as follows: the total amount that may be forfeited is one-half of one month’s pay per month for three months, or 45 days’ pay. However, a total of only 25 days’ pay has been forfeited, leaving a total permissible detention of 30 days’ pay (20 x 1 1/2). The monthly allocation of forfeitures and detentions , shown in this illustration, has been made because (A) the combination of punishments may not operate so as to deprive the offender of more than one-half of his monthly pay in any one month, and (B) the forfeiture may not be imposed beyond the third month. Other allocations, equally within the above principles, could be made.
(3) Use of the Table. – The Table of Equivalent Disciplinary Punishments may be use only when punishment is initially imposed. It may not be used in mitigating punishment or at the time of vacation of suspension of punishments, e.g., a punishment of 30 days correctional custody may not, at the end of 20 days, be mitigated to restriction for more than 10 days as only 10 days of the original punishment remains unserved. A punishment of 30 days correctional custody which has been suspended may not at the time of the vacation of the suspension be mitigated to restriction for more than 30 days.
(e) Effectivity of Punishments. – Disciplinary punishments imposed under the authority of A.W. 105, if suspended, shall take effect and will be carried into execution on the date the offender is informed at the imposition of punishment upon him. If the punishment is suspended, but thereafter vacated, they shall take effect on the date the Commanding Officer orders the vacation of the suspension.
109. PROCEDURE, RECORDS OF PUNISHMENT. – a. Notification of Imposition of Punishment – The Commanding Officer, upon ascertaining to his satisfaction from the investigation conducted that an offense cognizable by him under A.W. 105 has been committed by a member of his command, will proceed to impose the punishment. The member will be notified in writing of the misconduct or offense committed by him. The member shall be also directed to acknowledge receipt by similar indorsement through proper channels, and to include in his indorsement the date of such receipt, and any appeal (See Section 109-13) he may desire to make. The immediate commanding officer of the member will be informed of the matter and given the necessary data for the record.
(b) Procedures. – The investigation will be conducted in writing in all cases involving commissioned officers and in all cases in which the punishment includes reduction in grade, confinement on bread and water or diminished rations, correctional custody, restriction or extra duties for more than 30 days, or forfeiture or withholding of pay. In other cases, the proceedings may be in writing or may be conducted orally, following the same sequence. However, in any case the erring member shall be informed of the charge or accusation against him and given the opportunity to refute the same by the submission of counter-evidence in his behalf. Where the member waives his right to be investigated, the Commanding Officer may proceed to determine and impose the appropriate disciplinary punishment. Also, in any case, the member may be permitted to appear in person before the officer authorized to impose the punishment, and to submit any matter desired in mitigation, extenuation, or defense. Any written statements or other documentary evidence pertaining to the case which have been considered by the officer authorized to impose the punishment shall be attached to the file of the case. When oral proceedings are conducted, the Commander will cause a summarized record to be made and filed (See Section 109f).
c. Investigating Officer. – The Commanding Officer may designate an officer to conduct the investigation described above, and that officer shall thereafter promptly transmit to him a summary transcript of all information presented at the investigation and the quantum of punishment to be imposed. Upon receipt of the transcript, punishment under A.W. 105 may be imposed without further hearing.
d. Record of Court of Inquiry, etc. – The record of court of inquiry, board of officers or other fact-finding body, in which proceeding the member was accorded the rights of a party with respect to an act or omission for which disciplinary punishment is contemplated, may be substituted for the impartial hearing required above.
e. Summary Transcript. – A summary transcript of all information presented in the investigation and having any bearing on the guilt or innocence of the member and the quantum of punishment to be imposed, or a copy of the report of a court of inquiry, board of officers or other fact-finding body, together with any additional evidence presented by the member, shall be forwarded to the next superior authority when that reference is made under the policies set forth in Section 106. If the superior competent authority imposes punishment under A.W. 105, the member shall be notified personally in writing as soon as practicable of the punishment imposed.
f. Unit A.W. 105 Punishment Record. – As to each offense for which punishment is imposed under AW. 105, the immediate commanding officer of the person on whom such punishment was imposed will cause a record to be made and filed in his office or other proper place, showing the offense, the authority that imposed it, the date the accused received the notice of the imposition of punishment, the decision of superior authority on any appeal, any mitigation or remission of the punishment, and any remarks or additional data desired. Copy of such record of punishment shall be entered into the permanent military personal file of the member concerned.
109-A. SUSPENSION, MITIGATION, REMISSION, AND SETTING ASIDE. – a. The officer who imposes the punishment or his successor in command or superior authority, may, at any time, suspend probationally any part or amount of the unexecuted portion of the punishment imposed, and may suspend probationally a reduction in grade or a forfeiture imposed whether executed or not executed. He may also at any time remit or mitigate any part or amount of the unexecuted portion of the punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected. He may also mitigate reduction in grade, whether executed or unexecuted, to forfeiture or detention of pay.
b. The following rules shall be observed regarding suspension of punishment.
(1) An executed punishment of reduction or forfeiture may be suspended only within a period of three months after the date of its imposition.
(2) Suspension of a punishment may not be for a period longer than four months from the date of the suspension, and the expiration of the current enlistment or term of service of the person involved automatically terminate the period of suspension.
(3) Unless the suspension is sooner vacated, the suspended portions of the punishment are remitted, without further action, upon the termination of the period of suspension.
(4) Vacation of suspension may be effected by any commanding officer competent to impose upon the offender concerned punishment of the kind and amount involved in the vacation of suspension.
(5) Although a formal hearing is not necessary to vacate a suspension, the probationeer should, unless impracticable, be given an opportunity to appear before the officer authorized to vacate a suspension of the punishment to rebut any derogatory or adverse information upon which the proposed vacation is based, and may be given the opportunity so to appear in any case.
c. When mitigating (1) arrest in quarters to restriction; (2) confinement on bread and water or diminished rations to correctional custody; (3) correctional custody or confinement on bread and water or diminished rations to extra duties or restrictions, or both; or (4) extra duties to restriction, the mitigated punishment may not to for a greater period than the punishment mitigated. For example, if a punishment of arrest in quarters for 30 days is to be mitigated to restriction to specifying limits the duration of the restriction may not extend to 30 days. Similarly, when mitigating forfeiture to withholding, the amount of the withheld pay may not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or withholding, the amount of the forfeiture or withheld pay may not be greater than the amount that could have been imposed initially under A.W. 105 by the officer who imposed the punishment mitigated. Thus, if a commander in grade below lieutenant colonel or commander imposes a reduction and it is later mitigated by him or superior authority, the maximum mitigated punishment would be one-half of one month’s base pay forfeiture of pay or one-half of one month’s base pay per month for three months withholding of pay (Section 108d). Restriction may not be mitigated to a lesser period of other punishments in the nature of deprivation of liberty, such as correctional custody or extra duties, for restriction is the least severe form of deprivation of liberty.
d. The power to set aside punishments and restore rights, privileges, and property affected by the executed portion of a punishment should ordinarily be exercised only when the authority considering the case believes that, under all the circumstances of the case, the punishment has resulted in a clear injustice. Also, the power to set aside an executed punishment and mitigate a reduction in grade to a forfeiture or withholding of pay should ordinarily be exercised only within a reasonable time after the punishment has been executed. In the absence of unusual circumstances, three months is a reasonable time.
e. An application for suspension, mitigation, remission, or setting aside of the punishment, in whole or in part, not made within a reasonable time may be rejected by the authority to whom the application is made. An application made more than fifteen days after the punishment was imposed, in the absence of unusual or special circumstances, may be considered as not having been made within a reasonable time.
109-B. APPEALS. – A person punished under authority A.W. 105 who deems his punishment unjust or disappropriate to the offense may, through proper channels, appeal to the next superior authority, but may in the meantime be required to undergo the punishment adjudged. An appeal not made within a reasonable time may be rejected by the next superior authority. In the absence of unusual circumstances, an appeal made more than 30 days after the punishment was imposed maybe considered as not having been made within a reasonable time. Authority normally superior in the chain of command. However, when the punishment has been imposed under a delegation of a commander’s power to impose disciplinary punishment (See Sec 105b), the appeal will not be directed to that commander.
Appeals will be in writing through proper channels and will include a brief signed statement of the reasons for regarding the punishment as unjust or disproportionate. The immediate commanding officer of the accused will, when necessary, include with the appeal a copy of the record in the case. Before acting on an appeal a copy of the record in the case. Before acting on an appeal from any punishment of arrest in quarters for more than 10 days; correctional custody for more than 10 days; forfeiture or more than seven days’ pay; reduction of one or more pay grades from fourth or higher pay grade; extra duties for more than 15 consecutive days; restriction for more than 15 days, or detention or withholding of pay for more than 15 days, the superior authority shall refer the case to his judge advocate or legal officer for consideration and advice, and may so refer the case upon appeal from any punishment imposed under A.W. 105. If the superior authority has no judge advocate or legal officer serving on his staff, he may refer the case for action to a superior authority who has a judge advocate or legal officer serving on his staff. In considering the case, the judge advocate or legal officer is not limited to an examination of any written matter comprising the record of proceedings and may make inquiries he determines to be desirable.
The superior authority will, in passing upon appeal, ordinarily hear no witnesses. He may exercise the same powers with respect to the punishment imposed as may be exercised under A.W. 105 by the officer who imposed the punishment or his successor in command. Thus, under the conditions set forth in sections 108 and 109-A, he may suspend, remit, mitigate, or set aside in whole or in part the punishment imposed.
After having considered the appeal, the superior authority will transmit the papers, through channels, to the appellant’s immediate commanding officer with a direction to inform the appellant of the disposition of his appeal.
Under A. W. 105, any superior authority may exercise the same powers as may be exercised by the officer who imposed the punishment or his successor in command under sections 108 and 109-A, whether or not an appeal has been made from the punishment. A superior authority who is Commanding Officer exercising general court-martial jurisdiction or is an officer of general or flag rank in command may delegate the power she has as superior authority under the chapter to a principal assistant.
109-C. MISCELLANEOUS. – a. No bar to trial, etc. — The imposition and enforcement of disciplinary punishment under A.W. 105 for an act or omission is not a bar to trial by court-material for a serious crime or offense growing out of the same act or omission and not properly punishable under A.W. 105. (See Sec. 7 la). However, the accused may show at the trial that he has been punished under A.W. 105 and, when so shown, this fact shall be considered in determining the measure of punishment to be adjudged if a finding of guilty results.
COMMONWEALTH ACT NO. 408
An Act for Making Further and More Effectual Provision for the National Defense by Establishing a System of Military Justice for Persons Subject to Military Law
(As amended by RAs 242 and 516 approved on June 12, 1984 and June 114, 1950 respectively and further amended by PD 116 dtd June 24, 1977 and further amended by PD 1968 dtd January 11, 1985.)
Be it enacted by the National Assembly of the Philippines:
Section 1. The following articles shall be known as the Articles of War and shall at all times and in all places govern the Armed Forces of the Philippines and the Philippine Constabulary (As amended by RA 242)
TITLE I. PRELIMINARY PROVISIONS
Article I. Definitions. The following words when used in this Articles shall be construed in the sense indicated in this article, unless the context shows that a different sense is intended, namely:
a. The word “Officer” shall be construed to refer to a commissioned officer including a commissioned member of the Nurse Corps.
b. The word “Soldier” shall be construed as including a non-commission officer, a private, or any enlisted men;
c. The word “company” shall be understood as including a troop, battery or commissioned vessel;
d. The word “battalion” shall be understood as including a squadron, air or naval. (As amended by R.A. No. 516)
ART. 2. Persons subject to Military Law. – The following persons are subject to these article and shall be understood as included in the term “any person subject to military law” or “persons subject to military law,” whenever used in these articles:
1. All officers, members of the Nurse Corps and soldiers in the active service of the Armed Forces of the Philippines, all members of the reserve force, from date of their call to active duty and while on such active duty, all trainees undergoing military instruction; and all other persons awfully called, drafted, or ordered into, or to duty for training in, the said service, from the dates they are required by the terms of the call, draft, or order to obey the same.
2. Cadets, flying cadets, and probationary second lieutenants. Probationary ensigns;
3. All retainers to the camp and all persons accompanying of serving with the Armed Forces Of the Philippines in the field in time of war when Martial Law is declared though not otherwise subject to these articles;
4. All persons under sentence adjudge by court martial. (As amended by RAs 242 and 516)
ART. 17. The trial advocate of a general or special court-martial shall prosecute the accused in the name of the People of the Philippines.
ART. 24. No witness before a military court, commission, court of inquiry, or board, or before any officer conducting an investigation, or before any officer, military or civil, designated to take a deposition to be read in evidence before a military court, commission, court of inquiry or board, or before an officer conducting an investigation shall be compelled to incriminate himself, or to answer any question not material to the issue when such answer might tend to degrade him.
ART. 39. As to number. “” No person shalt without his consent, 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 any charge or specification shall be held to be 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. …
Art. 54. Fraudulent Enlistment. Any person who shall procure himself to the enlisted in the military service of the AFP by means of willful misrepresentation to his qualification for enlistment, shall receive pay or allowances under such enlistment shall be punished as a court may direct.
Art. 55. Officer Making Unlawful Enlistment. Any officer knowingly enlist to the military service of the Philippine Armed Forces, person whose enlistment is prohibited by law, shall be dismissed from the service or suffer such other punishment as a Court martial may direct.
Art. 56. False Muster. Any officer knowingly make a false muster of a man or animal shall be dismissed from the service and suffer such other punishment as a court matial may direct.
Art. 57. False Returns. Omission to Render Returns – Every Office whose duty is to render to headquarters AFP or superior authority a return of the state the troops under his command, and suffer such other punishment as court martial may direct. (as amended by RA 242)
Art. 58. Certain Acts to Constitute Desertion. Any officer who having rendered his resignation and prior to due notice to the acceptance of the same quits his proper duties without proper leave and intent to absent himself permanently therefore shall deemed a deserter.
Art. 59. Desertion. Any person subject to military law who desert the service of the AFP, if the offense will be committed in time of war, suffer death and other punishment as a court-martial may direct.
Art. 60. Advising or Aiding Another to Desert. Any person subject to military law who advise another to desert the service of the Armed Forces of the Philippines, if the offense be committed in time of war, suffer death or such other punishment as court-martial may direct.
Art. 61. Entertaining a Deserter. Any officer who after having discovered that the soldier in his command is a deserter from the military service, retains such deserter in his command without informing superior authority or the commander of the organization to which the deserter belong shall be punished as a court-martial may direct.
Art. 62. Absence Without Leave. Any person subject to military law who fails to appear at the fixed time to the properly appointed place of duty or goes from the same without proper leave shall be punished as a court-martial may direct.
Art. 63. Disrespect Toward the President, Vice-President, Congress of the Philippines, or Secretary of National Defense. Any officer who uses contemptuous or disrespectful words against the President of the Philippines, Vice President, Congress of the Phil. Or Secretary of National Defense shall dismissed from the service or suffer such other punishment as a court-martial may direct. Any other person subject to military law who so offends shall be punished as c court-martial may direct.
Art. 64. Disrespect Toward Superior Officer. Any person subject to military law who behaves himself with disrespect towards his superior officer shall be punished as a court-martial may direct.
Art. 65. Assaulting or Willfully Disobeying Superior Officer. Any person subject to military law who strike his superior officer or draws a weapon or violence against him being in the execution of his officer shall suffer death of punishment as a court-martial may direct.
Art. 66. Insubordinate Conduct Toward Non-Commissioned Officer. Any soldier who strikes or assaults, or what attempts or threatens to strikes or assault or willfully disobeys the lawful order of a non-commissioned officer while in the execution of his office or uses threatening or insulting language, or behaves in an insubordination or disrespectful manner toward a non-commissioned officer while in the execution of his office, shall be punished as a court-martial may direct.
Art. 67. Mutiny or Sedition. Any person subject to military law who attempts to create or who begins, excites, causes, or join any mutiny or sedition in any company, party, post camp. detachment, guard, or other command shall suffer death or such punishment as a court-martial may direct.
Art. 68. Failure to Suppress Mutiny or Sedition. Any officer or soldier, who being present at any mutiny or sedition’s does not use his utmost endeavor to suppress the same, or knowing or having reason to believe that a mutiny or sedition is to take place, does not without delay give information there of his commanding officer shall suffer death or such other punishment as a court-martial may direct.
Art. 69. Quarrels; Frays; Disorders. All officer and non-commissioned officer have power to part and quell all quarrels, frays, and disorders among person subject to military law and to order officers who take part in the same into arrest and other person subject to military law who take part in the same into arrest or confinement, as circumstances may require, until their proper superior officer is acquainted therewith. And whosoever, being so ordered, refuses to obey such officer, or con-commissioned officer, or draws a weapon upon or otherwise threatens or does violence to him, shall be punished as a court-martial may direct.
Art. 70. Arrest or Confinement. Any person subject to military law charged with crime or with a serious offense under these articles shall be placed in confinement or in arrest, as circumstances require; but when charged with a minor offense only, such person shall not ordinarily be placed in confinement. 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 by proper authority. Any officer or cadet who breaks his arrest or who escapes from confinement, whether before or after trial or sentence and before he is set at liberty by proper authority, shall be dismissed from the service or suffer such other punishment as a court-martial may direct, and any other person subject to military law who escapes from confinement or who breaks his arrest, whether before or after trial or sentence and before he is set at liberty by proper authority, shall be punished as a court martial may direct.
Art. 71. Charges; Action upon. Charges and specifications must be signed by a person subject to military law, and under the oath either that he has personal knowledge of, or has investigated, the matters set forth therein and that the same are true in fact, to the best of his knowledge and belief.
No charge will be referred to a general court-martial for trial until after a thorough and impartial investigation thereof shall have been made. This investigation will include inquiries as to the truth of the matter set forth in said charges, form of charges, and what disposition of the case should be made in the interest of justice and discipline. At such investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after such investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides.
Art. 72. Refusal to Receive and Keep Prisoners. No Provost Marshall shall to refuse to receive any prisoner committed to his charges by an officer belonging to the Armed Forces of the Philippines, provided the officer committing shall at the time, deliver an account in writing, signed by himself, of the crime or offense charge against the prisoner. Any officer or soldier so refused shall be punished as a court-martial may direct.
Art. 73. Report of Prisoners Received. Every commander of a guard to whose charge prisoner is committed shall, within twenty four hours after such confinement or as soon as he is relieved from his guard, report in writing to the commanding officer the name of such prisoner, the offense charged against him, and the name of officer committing him; and if he fails to make such report, shall be punished as a court-martial may direct.
Art. 74. Releasing Prisoner Without Authority. Any person subject to military law, except one who is without proper authority releases any prisoner duly committed to his charge, or who through neglect or design suffers any prisoner so committed to escape, shall be punished as a court-martial may direct.
Art. 75. Delivery of Offenders to Civil Authorities. Any person subject to military law who is awaiting trial for a crime or offense punishable under this articles or accused of a crime or offense committed and punishable by law, the commanding officer is required, except in time of war, upon application duly made, to use his endeavor to deliver over such accused person to Civil Authorities. Any such delivery if followed by any conviction, shall be return to military custody, after having answered to the civil authorities for his offense for the completion of the said court-martial sentence.
Art. 76. Misbehavior Before the Enemy. Any officer or soldier who misbehavior himself before the enemy shall suffer death or such punishment as a court-martial may direct.
Art. 77. Subordinates Compelling Commander to Surrender. Any person subject to military law who attempts to compel any commander of any garrison or other command to give it up to the enemy shall be punished with death or such other punishment as a court-martial may direct.
Art. 78. Improper Use of Countersign. Any person subject to military law who makes known the parole or countersign to any person not entitled to receive it according to the rules of discipline of war shall suffer death or death other punishment as a court-martial may direct.
Art. 79. Forcing a Safeguard. Any person subject to military law who in time of war, serious disturbances of peace, force a safeguard shall suffer death or such punishment as a court-martial may direct.
Art. 80. Captured Property to be Secured for Public Service. All public property taken from the enemy is the property of the government of the Philippines and shall be secured for the service thereof, and any person subject to military law who neglects to secure such property shall be punished as a court-martial may direct.
Art. 81. Dealing in Captured or Abandoned Property. Any person subject to military law who buys, sells any captured or abandoned property shall be punished as a court-martial may direct.
Art. 82. Relieving, Corresponding With, or Aiding the Enemy. Whoever relieves or attempts to relieves the enemy with arms, ammunition , supplies, money and other things shall suffer death or punished as a court-martial may direct.
Art. 83. Spies. Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortification, posts quarters, or encampment of the Armed Forces of the Philippines or elsewhere, shall be tried by a general court-martial or by a military commission, and shall, on conviction thereof, suffer death.
Art. 84. Military Property. Willful or Negligent Loss, Damage or Wrongful Disposition. Any person subject to military law who willfully or through neglect, suffers to lost, spoiled damaged, or wrongfully disposes of, any military property belonging to the Philippine Armed Force shall make good the loss or damage and suffer such punishment as a court-martial martial may direct.
Art. 85. Waste or Unlawful Disposition of Military Property Issued to Soldiers. Any soldier who sells or wrongfully disposes or willfully or through injures or losses any horse, arms, ammunition,
accouterments, equipment, clothing, or property issued for use in the military service, shall be punished as a court-martial may direct.
Art. 86. Drunk on Duty. Any officer who is found drunk on duty shall, if the offense be committed in the time of war, be dismissed from the service and suffer such other punishment as court-martial may direct; and if the offense be committed in time of peace, he shall be punished as a court-martial may direct. Any person subject to military law, except an officer who is found drunk on duty shall be punished as a court-martial may direct.
Art. 87. Misbehavior of Sentinel. Any sentinel who is found drunk or sleeping upon his post, or who leaves it before he is regularly relieved shall if the offense be committed in time of war, suffer death or such other punishment as a court-martial may direct; and if the offense be committed in time of peace, shall suffer any punishment, except death, that a court-martial may direct.
Art. 88. Personal Interest in Sale of Provisions. Any officer commanding in any garrison, fort, barracks, camp or other place where troops of the Philippines may be serving who, for his private advantage in any duty or imposition upon or is interested, directly, in the sale of any victuals or other necessaries of life brought into such garrison, fort, barracks, camp or other place for the use of troops, shall be dismissed from the service and suffer such other punishment as a court-martial may direct.
Art. 88-A. Unlawfully Influencing Action of Court. Any authority appointing a general, special, or summary court-martial, or any other commanding officer, who shall ensure, reprimand, or admonish such court, or any member thereof, of it’s or his judicial responsibility shall be punished as a court-martial may direct. Any person subject to military law who shall attempt to coerce or unlawfully influence action a court-martial or any military court or commission, or any member, thereof, in reaching the findings or sentence in any case, or the action of an appointing or reviewing or confirming authority with respect to his judicial act, shall be punished as a court-martial may direct. (Inserted by Republic Act No. 616)
Art. 89. Intimidation of Persons Bringing Provisions. Any person subject to military law who abuses, intimidate, does violence to, or wrongfully interferes with any person bringing provisions, supplies or other necessaries to the camp, garrison or quarters of the AFP shall suffer such punishment as a court-martial may direct.
Art. 90. Good Order to be Maintained and Wrongs Redressed. All person 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 willfully destroys any property whatsoever (unless by order of his commanding officer) or commits any kind of depredation or riot shall be punished as a court-martial may direct. Any Commanding Officer who upon complaint made to him, refuses or omits to the reparation made to the party injured, in so far as the offenders pay shall go toward such reparation as provided for in Article 106, shall be dismissed from the service or otherwise punished as a court-martial may direct.
Art. 91. Provoking Speeches or Gestures. No person subject to military law shall use any reproachful or provoking speeches or gestures to another and any person subject to military law who offends against the provisions of this articles shall be punished as a court-martial may direct.
Art. 92. Dueling. Any person subject to military law who fight or promoted or is concerned in or connives at fighting a duel, or 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; if any other person subject to military law shall suffer such punishment as a court-martial may direct.
ART. 93. Murder. Any person subject to military law who commits murder in time of war shall suffer death or imprisonment for life, as a court-martial may direct.
ART. 93. Murder/Rape. Any person subject to military law who commits murder or rape in time of war shall suffer death or imprisonment for file as a court-martial may direct. (As amended by RA No. 242).
ART. 94. Various Crimes. Any person subject to military law who commits any felony, crime, breach of law or violation of municipal ordinance which is recognized as an offense of a penal nature and is punishable under the penal laws of the Philippines or under municipal ordinances, (a) inside a reservation of the Armed Forces of the Philippines, or (b) outside any such reservation when the offended party (and each one of the offended parties if there be more than one) is a person subject to military law, shall be punished as a court-martial may direct: Provided, That, in time of peace, officers and enlisted men of the Philippine Constabulary shall not be triable by courts-martial for any felony, crime, breach of law or violation of municipal ordinances committed under this article. In imposing the penalties for offenses falling within this article, the penalties for offenses provided in the penal laws of the Philippines or in such municipal ordinances shall be taken into consideration. (as amended by RA 242)
ART. 94. Various Crimes. Any person subject to military law who commits any crime, breach of law or violation of municipal ordinance, which is recognized as offense of a penal nature and is punishable under the penal laws of the Philippines or under municipal ordinances, on a Philippine Army reservations, shall be punished as a court-martial may direct; Provided, That, officers and enlisted men of the Philippine Constabulary shall not be triable by courts-martial for any crime, breach of law or violation of municipal ordinance committed under this article. In imposing the penalties for offenses falling within this article, the penalties for such offenses provided in the penal laws of the Philippines or in such municipal ordinances shall be taken into considerations. (original)
Art. 95. Frauds Against the Government. Any person subject to military law who makes or causes to make any claim against the government or any officer thereof, knowing such claim to be false or fraudulent; or
Who present or cause to be presented to any person in the civil or military law who makes or causes to make any claim against the government, or any officer thereof, knowing such claim to be false or fraudulent; or
Who 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; or
Who, for the purpose of obtaining or aiding others to obtain the approval allowance or payment for any claim against the government or against any officer thereof, makes or causes, procures or advises the making or use of or any writing or other paper knowing the same to contain any false or fraudulent statement; or
Who, 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 oath to any fact or to any writing or other paper knowing such oath to be false; or
Who, for the purpose of obtaining or aiding others to obtain the approval, allowance or payment of any against the government or any officer thereof, forges or counterfeits or procures or advises the forging or counterfeiting of any signature upon writing or other paper, or uses or procures or advises the use of any such signature knowing the same to be forged or counterfeited; or
Who, having charge, possession, custody or control of any money or other property of the government furnished or intended for the military service thereof, knowingly delivers, or causes to be delivered, to any person having authority to receive the same, any amount thereof less than that for which no receives a certificates or receipt; or
Who, 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 statement therein contained and with intent to defraud the government; or
Who, steals, embezzles, knowingly and willfully misappropriates, applies to his own use of 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; or
Who knowingly purchase or receives in pledge for any obligation or indebtedness from the soldier, officer, or other person who is an part of or employed in the AFP. 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; or
Who enters into any agreement or conspires to commit any of the offenses aforesaid;
Shall on conviction thereof, be punished by fine or imprisonment, or such other punishment as a court-martial may adjudge, or by any or all of said penalties and if any person being guilty of any of the offenses aforesaid while in the service of the AFP, receives his discharge or dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial in the same manner and to the same extent as if he had not received such discharge nor been dismissed. And if any officer being guilty while in the service of the AFP of embezzlement of ration savings, post exhange company or other like funds or of embezzlement of money or other property entrusted to his charge by an enlisted men or man, receives his discharge, or is dismissed or is dropped from the rolls, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial in the same manner and to the same extent as if he had not been so discharged, dismissed, or dropped from rolls. (As amended by RA No. 242 & 916)
ART. 96. Conduct Unbecoming of an Officer and a Gentleman. Any officer, cadet, flying cadet or probationary second lieutenant, who is convicted conduct unbecoming an officer and a gentlemen shall be dismissed from the service (As amended by RA No. 242 & 916).
ART. 97. Disorders and Neglects to the Prejudice of Good Order and Military Discipline; General Article. Though not mentioned in these articles, all disorders and neglects to the prejudice of good order and military discipline and conduct of a nature to bring discredit upon the military service shall be taken cognizance of by a general or special or summary court-martial according to the nature and degree of the offense, and punished at the discretion of such court.
ART. 98. When and by Whom Ordered. A court of injury to examine into the nature of any transaction of or accusation or imputation against any officer of soldier maybe ordered by the President; the Chief of Staff or by any commanding officer, but a court of injury shall not be ordered by any commanding officer except upon the request of the officer or soldier whose conduct is to be injured into.
ART. 99. Composition. A court of injury shall consist of three or more officers. For each court of injury the authority appointing the court shall appoint a recorder.
ART. 100. Challenges. Member’s of court of injury may be challenges by the party whose conduct is to be injured into, but only for cause stated to the court. The court shall determine the relevancy and validity of any challenge, and shall not receive a challenge to more than one member at a time. The party whose conduct is being inquired into shall have the right to be represented before the court by counsel of his own selection, if such counsel were reasonably available.
ART. 101. Oath of Members and Recorders. The recorder of a court of inquiry shall administer to the members the following oath. You, A.B.. do swear (or affirm) that you will well and truly examine and inquire, according to the evidence, into the matter now before you before you without partiality, favor, affection, prejudice or hope of reward. “So help you God.” After which the President of the court shall administer tot he recorder the following oath” “you A.B., do swear (or affirm) that you will according to your best abilities, accurately and impartially record the proceeding of the court and the evidence to be given in the case in hearing. “So help you God.”
ART. 102 . Proper Procedure. A court of inquiry and the recorder thereof shall have the same power to summon and examine witness as is given to court-martial and the trial judge advocate thereof. Such witnesses shall take the same oath of affirmation that is taken by witnesses before court-martial. A reporter or an interpreter for a court of inquiry shall, before entering upon his duties, take the oath or affirmation required of a reported or an interpreter for a court-martial. The party whose conduct if being inquired into or his counsel, if any, shall be permitted to examine and cross-examine witnesses so as fully to investigate the circumstances in question.
ART. 103. Opinion on Merits of Case. A court of inquiry shall not give an opinion on the merits of the case inquired into unless specially ordered to do so.
ART. 104. Record of Proceedings. How Authenticated. Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signature of the President and the recorder thereof, and be forwarded to the convening authority. In case the record can not be authenticated by the recorded, by reason of his death, disability, or absence, it shall be signed by the President and by one other member of the court.
ART. 106. Injuries to Property – Redness of - Whenever complaint is made to any commanding officer that damage has been done to the property or any person or that his property has been wrongfully taken by persons subject to military law, such complaint shall be investigated by a board shall be convened by the commanding officer and shall have, for the purpose of such investigation, power to summon witnesses and examined them upon oath or affirmation, to receive dispositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by such board shall be subject to the approval of the commanding officer, and in amount approved by him shall be stopped against the pay of the offenders. And the other of such commanding officer directing stoppages herein authorized shall be conclusive on any disbursing officer for the payment by him to the injured parties of the stoppages so ordered.
When the offenders cannot be ascertained but the organization or detachment to which they belong is known, stoppages tot he amount of damages inflicted may be made and assessed in such proportion as may be deemed just upon the individual members thereof who are shown to have been present with such organization or detachment at the time the damages complained of were inflicted as determined by the approved findings of the board.
ART. 107. Arrest of Deserters by Civil Officials. It shall be lawful for any civil officer having authority under the laws of the Philippine to arrest offenders, summarily to arrest a deserter and deliver him into the authorities concerned. (As amended by RA 242)
ART. 108. Soldiers to Make Good Time Lost. Every soldier or trainee who in an existing or subsequent enlistment or training period deserts the service of the Armed Forces of the Philippines or without proper authority absent himself from his organization, station, or duty for more than one day, or who is confined for more than one day under sentence, or while awaiting trial and disposition of his case, if the trial results in conviction or through the intemperate use of drugs or alcoholic liquor, or through disease or injury the results of his own misconduct, renders himself unable for more than one day to perform duty, shall be liable to serve, after his return to a full-duty status, for such desertion, unauthorized absence, confinement or inability to perform duty, amount to the full term of that part of his enlistment or training period which he is required to serve with his organization before being furloughed to the Armed reserve. (As amended by RA 242)
(There are 120 articles.)
Enacted, September 14, 1938.