QuestionsQuestions (Republic Act No. 242)
It amended Section 1 of Commonwealth Act No. 408 to state that the Articles of War shall govern the Armed Forces of the Philippines and the Philippine Constabulary “at all times and in all places.”
Article 2 includes: (a) active officers, Nurse Corps members, soldiers; reservists from call to active duty while on such duty; trainees; and other persons lawfully called/drafted/ordered to duty or training; (b) cadets, flying cadets, probationary second lieutenants; (c) retainers to camp and persons accompanying/serving with the AFP in the field in time of war or when martial law is declared though not otherwise subject; and (d) persons under sentence adjudged by courts-martial.
It required the appointing authority to detail officers best qualified by age, training, experience, and judicial temperament, and prohibited appointing officers with less than two years’ service as members in excess of the minority membership thereof, if it can be avoided without manifest injury to the service.
Under amended Article 8, the appointing authority must detail a law member—an officer of the Judge Advocate General’s Service. If none is available, it may detail instead an officer of another branch specially qualified by the appointing authority.
No officer is eligible to sit when he is the accuser or a witness for either the prosecution or the defense. Additionally, if the commander is the accuser/prosecutor, the court must be appointed by superior competent authority.
Summary courts-martial may try any person subject to military law except certain exempt classes (e.g., officers, Nurse Corps members, cadets, flying cadets, probationary second lieutenants) for non-capital offenses. They cannot adjudge confinement over one month, restriction beyond three months, or forfeiture/detention beyond two-thirds of one month’s pay.
Noncommissioned officers cannot be brought to trial before a summary court-martial if they object, without the authority of the officer competent to bring them to trial before a general court-martial.
Except for desertion or murder committed in time of war, and mutiny or war offenses, no person subject to military law may be tried or punished by court-martial for a crime/offense committed more than two years before arraignment.
Desertion in time of peace or offenses punishable under Articles 94 and 95 have a three-year limitations period. Any period of the accused’s absence from the jurisdiction of the Philippines and any manifest impediment where the accused was not amenable to military justice are excluded. It also cannot authorize trial/punishment for offenses already barred by existing law.
Presidential confirmation is required for: (a) any sentence respecting a general officer; (b) any sentence extending to dismissal of an officer (with a wartime exception for dismissal of an officer below brigadier general upon confirmation by the Army commanding general in the field); (c) sentences suspending/dismissing cadets, flying cadets, probationary second lieutenants; and (d) any sentence of death (with an exception for certain wartime death cases, still requiring confirmation by the Army commanding general in the field).
It allows rehearing when a disapproving/vacating authority orders it, requiring a court composed of officers not members of the original court. The accused cannot be retried for offenses of which he was found not guilty, and no more severe sentence may be imposed unless based on a finding of guilty of an offense not considered on the merits in the original proceedings.
The person is deemed guilty of contempt and is punished via information in the court of first instance of the province/city where the subpoena was issued. The City/Provincial Fiscal must file and prosecute upon military court certification; punishment follows the penalties under Rules of Court on contempt.
Commanding officers may impose disciplinary punishments for minor offenses without a court-martial unless the accused demands trial by court-martial. Authorized punishments include admonition, reprimand, withholding privileges up to one week, extra fatigue up to one week, restriction limits up to one week, and hard labor without confinement up to one week. Forfeiture of pay or confinement under guard is generally excluded; in time of war or grave public emergency, a brigadier general or higher may impose forfeiture of not more than one-half monthly pay for one month (for an officer below major).
If the offense is committed: (A) inside an AFP reservation, or (B) outside such reservation when the offended party (and each offended party if more than one) is a person subject to military law. The article also states that in time of peace, Philippine Constabulary officers and enlisted men are not triable by courts-martial for offenses committed under this article.
It provides that any person who procures enlistment by willful misrepresentation or concealment as to qualifications and then receives pay/allowance is punishable by direction of a court-martial.