QuestionsQuestions (PRESIDENTIAL DECREE NO. 1968)
It aims to strengthen and make more effective the disciplinary powers of AFP commanding officers by expanding punishment categories, authorized commanding officers, and providing for a swifter and more vigorous procedure, while still ensuring fairness and due process.
The commanding officer of any detachment/company/battalion/squadron/commissioned vessel/higher command (or other officers authorized by the President) may impose disciplinary punishments upon persons of his command for minor offenses without court-martial intervention.
No. Article 105(b) expressly states that such punishments shall not include confinement under guard.
For withholding of privileges imposed by a commanding officer under the general subsection applicable to officers of his command, it may be for not more than 30 consecutive days.
Higher maximums apply, such as withholding of privileges up to 60 consecutive days, restriction up to 60 consecutive days, arrest in quarters up to 30 consecutive days, and forfeiture up to one-half one month’s base pay per month for three months (with later items specifying longer limits), subject to the text’s specific caps.
Not more than 15 consecutive days (for punishments under the applicable categories for other personnel).
“Confinement not under guard” is a confinement-type penalty (max 15 consecutive days under the general category), while “hard labor without confinement” is a labor-type penalty without confinement (also capped at 15 consecutive days under the general category).
Reduction to one or two inferior pay grades may be imposed if the grade demoted from is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction.
An enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.
He may suspend probationally any part/amount of the unexecuted punishment; suspend probationally a reduction or a forfeiture; remit or mitigate any unexecuted punishment; set aside in whole or in part the punishment whether executed or unexecuted; and restore affected rights, privileges, and property.
He may appeal through the proper channel to the next superior authority on the ground that the punishment is unjust or disproportionate. In the meantime, he may be required to undergo the punishment adjudged.
No. It is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission and not properly punishable under Article 105, though enforcement may be shown to be considered in determining the measure of punishment.
They are automatically considered on non-promotable status for one year from the date of imposition. Additionally, if such punishment was imposed by that officer within the three years next preceding consideration for promotion, it constitutes a ground for deferment from promotion.
The commanding officer may be subject to action under Article 105 by his immediate superior officer or be punished as a court-martial may direct.
No. Under regulations as the President may prescribe, limitations may be placed on the kind and amount of punishment and the categories of commanding officers authorized to exercise the powers, as well as rules on suspension, apportionment, remission, mitigation, setting aside, restoration, and written records.