Question & AnswerQ&A (Commonwealth Act No. 408)
Persons subject to military law include all officers, members of the Nurse Corps, soldiers of the Regular Force of the Philippine Army, reservists on active duty, military trainees, persons lawfully called or drafted into service, cadets, flying cadets, probationary third lieutenants, retainers to the camp, persons accompanying the Army in the field in time of war or martial law, and persons under sentence adjudged by courts-martial.
The three classifications of courts-martial are: General Courts-Martial (with at least five officers), Special Courts-Martial (at least three officers), and Summary Courts-Martial (consisting of one officer).
All officers in active duty in the Army are qualified to serve on courts-martial. The appointing authority selects members based on age, training, experience, and judicial temperament. Officers with less than two years' service should not exceed the minority membership if avoidable.
General Courts-Martial may try any person subject to military law for any crime or offense punishable by the Articles of War, including cases triable under the law of war.
No, Summary Courts-Martial cannot try officers, members of the Nurse Corps, cadets, flying cadets, or probationary third lieutenants. They may only try non-officer persons subject to military law for non-capital offenses.
Special Courts-Martial can impose punishments for non-capital crimes but cannot adjudge confinement exceeding six months or forfeiture of more than two-thirds pay per month for six months.
A death sentence by General Courts-Martial requires the concurrence of all members present when voting, and the offense must be expressly punishable by death in the Articles of War.
The President of the Philippines, the Chief of Staff of the Philippine Army, and other authorized commanders such as the Provost Marshal General and Division Commanders can appoint General Courts-Martial.
The accused has the right to be represented by counsel of their own selection (civil or military), or if not available, by defense counsel appointed for the court. The accused can also cross-examine witnesses during investigations.
Yes, except for desertion or murder committed during war, or mutiny, no person shall be tried by courts-martial for offenses committed more than two years before arraignment, with some exceptions extending to three years, and exclusion for periods when the accused is not amenable to military justice.
If the accused refuses or fails to plead or gives an inconsistent statement after pleading guilty, the court shall proceed to trial and judgment as if a plea of 'not guilty' had been entered.
Charges must be signed under oath by a military person with knowledge or investigation of the facts. A thorough and impartial investigation is required before trial, including cross-examination and allowing the accused to present evidence and defenses.
Commanding officers may impose disciplinary punishments for minor offenses without court-martial, such as reprimands, restrictions, and extra fatigue, but not forfeiture of pay or confinement, except under specific wartime conditions with higher authority and appeal rights for the punished person.
No witness may be compelled to incriminate themselves or answer questions not material to the issue that might degrade them during military court, commission, or board proceedings.
Any disrespect toward superior officers can be punished by court-martial, with willful disobedience or assault punishable by death or other penalties. Insubordination to non-commissioned officers is also punishable as court-martial directs.
Desertion in wartime is punishable by death or other penalties; in peacetime, penalties exclude death. Advising or assisting desertion is similarly punishable.
Courts of inquiry examine certain transactions or accusations against officers or soldiers, consist of three or more officers, conduct investigations under oath, and keep authenticated records for reporting to appointing authorities.
Military courts can try military personnel for crimes or ordinance offenses recognized as penal under Philippine law when committed on military reservations, except that Philippine Constabulary officers are not subject to courts-martial for these offenses.
The law member must be an officer of the Judge Advocate Service or, if not available, another officer specially qualified to perform legal duties, appointed as part of the General Court-Martial to assist with legal rulings and proceedings.