QuestionsQuestions (Republic Act No. 516)
R.A. 516 amends Article 1 definitions: (a) 'officer' includes commissioned officers, including commissioned members of the nurse corps (as written in the text then later deleted by Sec. 21); (b) 'soldier' includes noncommissioned officers, privates, and other enlisted men; (c) 'company' includes a troop, battery, or commissioned vessel; (d) 'battalion' includes squadron, air or naval.
Enlisted persons in active military service may serve on general and special courts-martial for the trial of enlisted persons or trainees when requested in writing by the accused at any time prior to convening. Their competency is subject to conditions, and in no case may the number of enlisted men detailed exceed one-third of the total membership of the court.
The accused must make a written request at any time prior to the convening of the court. This request triggers the permissibility of enlisted members serving, subject to the one-third limit and other conditions.
No person shall sit as member of a general or special court-martial when he is the accuser or a witness for the prosecution.
The authority appointing the general court-martial must detail one member called the 'law member,' who must be an officer of the Judge Advocate General’s Service or another branch who is a member of the bar and certified qualified by the Judge Advocate General. No general court-martial may receive evidence or vote on findings or sentence in the absence of the regularly detailed law member.
In that case, the court shall be appointed by a superior competent authority.
A special court-martial is normally appointed by certain commanders. But it may in any case be appointed by superior authority when the latter deems it desirable; also, if the commanding officer is the accuser or prosecutor, the court must be appointed by superior authority.
When but one officer is present with a command, he shall be the summary court-martial of that command and shall hear and determine cases brought before him.
Yes. The officer competent to appoint a general court-martial may, if the interest of the service requires, cause any case to be tried by a special court-martial notwithstanding limitations on the jurisdiction of the special court-martial as to offenses under Article 13. However, the limitations on jurisdiction as to persons and punishing power under Article 13 must still be observed.
General courts-martial may adjudge any punishment authorized by law or the customs of service, including bad-conduct discharge. For the Philippine Navy, they may impose deprivation of liberty on shore. For confinement sentences in the Navy, they may include solitary confinement not exceeding thirty days, or solitary confinement on diminished rations not exceeding thirty days.
Special courts-martial may try any person subject to military law for non-capital offenses punishable by the Articles. They cannot impose dishonorable discharge or dismissal, or confinement exceeding six months, or forfeiture of more than two-thirds pay per month for up to six months. A bad-conduct discharge may be adjudged (with approval/subject to appellate review), but it requires a complete record of proceedings and admitted testimony.
Summary courts-martial may try any person subject to military law except an officer, a cadet, a flying cadet, or a probationary second lieutenant. They cannot impose confinement exceeding one month, restriction to limits for more than three months, or forfeiture/detention of more than two-thirds of one month’s pay. For the Philippine Navy, they may also impose deprivation of liberty on shore and solitary confinement not exceeding fifteen days or solitary confinement on diminished rations not exceeding fifteen days.
No enlisted person may sit as a member of a court-martial for the trial of another enlisted person or trainee who is assigned to the same company.
Voting on challenges, findings, and sentence is by secret written ballot for general or special courts-martial. The junior member counts votes, checked by the president, who announces the result. The law member (general) or president (special) rules in open court on interlocutory questions other than a motion for finding of not guilty or the accused’s sanity. If members object to such rulings, the court is cleared and closed and the question is decided by majority vote, viva voce starting with the junior in rank.
They must advise the court that the accused is presumed innocent until guilt is established by legal and competent evidence beyond reasonable doubt; doubt must be resolved in the accused’s favor. If there is reasonable doubt as to degree of guilt, the finding must be for a lower degree. The burden of proof to establish guilt is on the government.
General rule: no person subject to military law shall be liable to be tried or punished for offenses committed more than two years before arraignment. Exceptions: for desertion in time of peace or for offenses punishable under Articles 94 and 95, the period is three years. Excluded from computation: absence from jurisdiction and manifest impediments preventing amenability to military justice. In war: if the Secretary of National Defense certifies the trial would be detrimental to prosecution of the war or inimical to national security, the limitation extends to duration of war and six months thereafter. The article cannot authorize trial/punishment for offenses barred by existing law.
Every trial by general court-martial or military commission, or record of trial by special court-martial with a bad-conduct discharge that has been adjudged and approved by the appointing authority, and received by a reviewing/confirming authority, must be referred before action to the staff judge advocate or Judge Advocate General. Also, no sentence of a court-martial is carried into execution until approved by the officer appointing the court or the officer commanding for the time being; and a special court-martial including bad-conduct discharge requires, in addition to convening authority approval, approval by an officer authorized to appoint a general court-martial.
No authority may order execution of death, dismissal not suspended, dishonorable discharge not suspended, bad-conduct discharge not suspended, or confinement in a penitentiary unless the board of review (with approval of the Judge Advocate General) held the record legally sufficient—except the reviewing authority may order execution if based solely on guilty pleas. If board of review with JAG approval finds the record legally insufficient or errors injuriously affecting substantial rights, findings/sentence are vacated in whole/part and transmitted for rehearing or proper action; if JAG does not concur, JAG forwards papers/dissent directly to the Chief of Staff for the President’s action.
It penalizes any authority appointing a general, special, or summary court-martial, or any commanding officer who censure/reprimands/admonishes the court or its members regarding findings or sentence, or any other exercise of judicial responsibility. It also penalizes any person subject to military law who attempts to coerce or unlawfully influence a court-martial/military court/commission or the appointing/reviewing/confirming authority in reaching findings, sentence, or judicial acts.