Title
Disciplinary Powers of Philippine AF Commanding Officers
Law
Presidential Decree No. 1968
Decision Date
Jan 11, 1985
An amendment to the Articles of War in the Armed Forces of the Philippines grants commanding officers the power to impose disciplinary punishments for minor offenses without the need for a court-martial, aiming to address the ineffectiveness of the current disciplinary powers and ensure swift and fair justice.
A

Permissible Disciplinary Punishments for Officers

  • For officers, punishments include withholding privileges (up to 30 days), restriction with or without suspension (up to 30 days), arrest in quarters (up to 15 days), forfeiture of pay (up to half a month's base pay), detention or withholding pay (up to 3 months), and deprivation of liberty on shore (up to 30 days for Philippine Navy personnel).
  • Punishments are more severe if imposed by officers with general court-martial jurisdiction or officers of general or flag rank, including longer durations up to 60 days and extended withholding of pay (up to 6 months).

Permissible Disciplinary Punishments for Other Personnel

  • For non-officer personnel, punishments mirror some officer punishments with additional options such as confinement not under guard (up to 15 days), hard labor without confinement (up to 15 days), extra duties (up to 15 days), correctional custody (up to 15 days), and reduction in pay grades within the authority of the imposing officer.
  • More severe punishments can be imposed by officers in the grade of lieutenant colonel or commander, with extended durations and additional penalties including reduction to the lowest or intermediate pay grade and confinement on bread and water or diminished rations (Naval personnel).

Suspension, Mitigation, and Remission of Punishments

  • Officers who impose punishments or their successors may suspend the execution of punishments probationally, remit or mitigate unexecuted punishments, set aside punishments wholly or in part, and restore affected rights, privileges, and property.
  • Reduction in grade may be mitigated to forfeiture or detention of pay.

Right to Appeal

  • An individual punished may appeal the disciplinary action through proper channels to the next superior authority.
  • Punishment may still be enforced during appeal.
  • The superior authority possesses the same powers to adjust punishments.

Relationship with Court-Martial Proceedings

  • Imposition of disciplinary punishment under this article does not bar court-martial for serious offenses arising from the same act.
  • Proof of prior disciplinary punishment may be presented during trial and considered in sentencing.

Delegation and Regulation of Powers

  • Commanding officers with general court-martial jurisdiction or officers of general/flag rank may delegate disciplinary powers to principal assistants.
  • The President may prescribe regulations limiting the kind, amount, and authority regarding disciplinary punishments.
  • Regulations may also cover suspension, remission, mitigation, and records related to these proceedings.

Impact on Promotion

  • Officers punished by high-ranking officers are placed on non-promotable status for one year.
  • Three punishments within three years before promotion consideration can defer promotion.
  • Enlisted personnel punished by officers of lieutenant colonel or commander rank also face one-year non-promotable status.

Accountability of Commanding Officers

  • Commanding officers who ignore or delay action on valid complaints, or fail to impose warranted punishments, or facilitate subordinate wrongdoing, are subject to disciplinary action by superiors or court-martial.

Effectivity and Repealing Clause

  • This decree supersedes inconsistent laws, decrees, or regulations.
  • It takes effect immediately upon approval.

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