Question & AnswerQ&A (Republic Act No. 242)
Persons subject to military law include: all officers, members of the Nurse Corps and soldiers in active service of the Armed Forces of the Philippines or Philippine Constabulary; reserve force members on active duty; trainees undergoing military instruction; cadets, flying cadets, and probationary second lieutenants; retainers and persons serving with the AFP in the field during war or martial law; and persons under sentence adjudged by courts-martial.
All officers in active duty in the Armed Forces of the Philippines or the Philippine Constabulary can serve on courts-martial. Officers with less than two years' service should not be appointed as members in excess of the minority membership if avoidable.
General courts-martial may be appointed by the President, Chief of Staff of AFP, Chief of Constabulary, and empowered commanders such as commanding officers of major commands or divisions. A law member, usually an officer of the Judge Advocate General's Service, must be detailed as one of the members of the court.
Summary courts-martial can try any person subject to military law except officers, Nurse Corps members, cadets, flying cadets, or probationary second lieutenants, for non-capital offenses. They cannot adjudge 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.
Members may be challenged for cause by the accused or the trial judge advocate. Challenges are considered by the court one at a time, with the judge advocate's challenges ordinarily decided before those by the accused. Each side is entitled to peremptory challenges, but the law member may only be challenged for cause.
Members swear to try the case according to evidence, administer justice without partiality according to military rules, not to divulge findings or sentences prematurely, and not disclose votes or opinions unless legally required. Similar oaths are administered to trial judge advocates, witnesses, reporters, and interpreters.
A person subject to military law who deserts in time of war may suffer death or other court-martial-directed punishment. In times of peace, desertion is punishable by any punishment except death as the court-martial may direct.
Persons subject to military law committing any felony, crime, or penal offense punishable under penal laws or municipal ordinances inside military reservations or involving military personnel outside such reservations shall be punishable by court-martial, except officers and enlisted men of the Philippine Constabulary are exempt in times of peace.
Commanding officers may impose disciplinary punishments such as admonition, reprimand, withholding privileges, extra fatigue, restriction to limits up to one week, and hard labor without confinement for up to one week. For officers below major, in war or grave emergency, forfeiture of up to half a month’s pay for one month may be imposed.
The commanding officer permits legal representatives or relatives to take possession of the deceased's effects. Otherwise, a summary court officer secures the effects, collects debts, pays creditors, and reports transactions. Estates are administered by the Judge Advocate General, unclaimed effects are kept for 2 years then sold, with proceeds deposited to the National Treasury for the AFP or Philippine Constabulary.