Question & AnswerQ&A (Republic Act No. 516)
The term 'officer' refers to a commissioned officer, including a commissioned member of the nurse corps.
All officers in active duty in the Armed Forces of the Philippines or Philippine Constabulary are competent to serve on courts-martial. Enlisted persons may serve on general and special courts-martial for the trial of enlisted persons or trainees when requested in writing by the accused prior to the convening of the court.
The number of enlisted men detailed cannot exceed one-third of the total membership of the court, and enlisted persons with less than two years' service should not be appointed in excess of the minority membership.
The President, Chief of Staff of the Armed Forces, Chief of Constabulary, and when empowered by the President, commanding officers of major commands, task forces, divisions, military areas, the Military Academy superintendent, and commanders of separate brigades or bodies of troops may appoint general courts-martial.
A law member who is a certified officer and member of the bar, generally from the Judge Advocate General's Service or another branch, must be detailed and must be present for the court to receive evidence or vote.
General courts-martial have the power to adjudge any punishment authorized by law or service customs, including bad-conduct discharge, deprivation of liberty on shore, and solitary confinement (up to 30 days) in the Philippine Navy.
Special courts-martial can try any person subject to military law for non-capital offenses, but cannot adjudge dishonorable discharge, dismissal, or confinement exceeding six months, nor forfeiture of more than two-thirds pay per month for six months.
Officers, cadets, flying cadets, or probationary second lieutenants may not be tried before summary courts-martial.
Generally, offenses must be tried within two years of the commission except desertion, murder or rape in wartime, mutiny, or war offenses, which have no limitation. Desertion in peacetime or certain offenses have a three-year limitation; periods of absence or impediment extend the limitation.
Unlawfully influencing or coercing the action of courts-martial, courts, or commissions, or their members in reaching findings or sentences, or influencing appointing or reviewing authorities, is punishable as a court-martial may direct.
Commanding officers may impose minor disciplinary punishments such as admonition, reprimand, withholding privileges, extra fatigue, restriction to limits, hard labor up to one week, forfeiture of pay, and confinement under guard without court-martial intervention, unless the accused demands trial.
No enlisted man can be discharged without a certificate signed by a field officer or commanding officer, except by order of the President, Chief of Staff, Chief of Constabulary, by sentence of a general court-martial, or by bad-conduct discharge of a special court-martial.
Voting is by secret written ballot, counted by the junior member and checked by the president, with rulings on interlocutory questions by the law member or president. The accused is presumed innocent until proven guilty beyond reasonable doubt, and reasonable doubts are resolved in favor of the accused.
Sentences involving bad-conduct discharge must be approved by the appointing authority and a reviewing or confirming authority and referred to the staff judge advocate or Judge Advocate General before execution.
They may grant a new trial or vacate a sentence, restore rights, privileges, and property, and substitute other forms of discharge for dismissals or dishonorable discharges within one year after final appellate disposition, with such action being final and conclusive.