Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1968)
The main purpose of Presidential Decree No. 1968 is to amend Article 105 of Commonwealth Act No. 408 to enhance the disciplinary powers of commanding officers in the Armed Forces of the Philippines, making disciplinary actions swifter, more effective, and ensuring substantial justice and due process to military personnel.
The commanding officer of any detachment, company, battalion, squadron, commissioned vessel, or higher command, or other officers authorized by the President, may impose disciplinary punishments without the intervention of a court-martial for minor offenses.
Punishments include withholding privileges, restriction to specified limits, arrest in quarters, forfeiture or withholding of base pay, deprivation of liberty on shore for those in the Philippine Navy, and other punishments depending on the officer's rank and authority.
No, disciplinary punishments under this article shall not include confinement under guard.
Yes, enlisted personnel may be subjected to additional punishments such as confinement not under guard, hard labor without confinement, extra duties, correctional custody, and reduction in pay grades, with specific limits based on the imposing officer's rank.
A punished person may appeal to the next superior authority through proper channels; however, they may still be required to undergo the punishment during the appeal. The superior authority may modify or set aside the punishment.
No, disciplinary punishment does not bar a subsequent court-martial for serious crimes related to the same act or omission; however, any disciplinary punishment already enforced may be considered when determining penalties in court-martial.
Yes, officers exercising general court-martial jurisdiction or officers of general or flag rank may delegate their disciplinary powers under this article to a principal assistant.
Commanding officers who refuse or delay to act on valid complaints or to impose warranted disciplinary punishment, or who aid wrongdoing, can be subjected to action by their immediate superior or court-martial punishment.
An officer punished by such an officer is automatically placed on non-promotable status for one year from the date of punishment. Three years’ worth of such punishments preceding promotion consideration can be grounds for deferment from promotion.