Title, legal basis, and amendment target
- Presidential Decree No. 1968 is titled “Further Amending Article 105 of Commonwealth Act No. 408, Otherwise Known as ‘Articles of War, Armed Forces of the Philippines,’ as Amended by Republic Act Numbered 242 and 516.”
- The decree amends Article 105 of Commonwealth Act No. 408 (the “Articles of War, Armed Forces of the Philippines”).
- The stated legal authority is the President’s powers vested by the Constitution and the President’s role as Commander-in-Chief of all Armed Forces of the Philippines.
- The amendment specifically targets the disciplinary powers of commanding officers under the prior Article 105 framework as previously amended by Republic Act No. 242 and Republic Act No. 516.
Policy statement and purpose of amendment
- The decree declares that the disciplinary powers under the existing Article 105 have not provided the desired deterrent against transgressions by Armed Forces members.
- The decree declares that the existing Article 105 is not conducive to swift and decisive disciplinary action.
- The decree provides for more effective disciplinary punishments by:
- enlarging the scope and categories of commanding officers authorized to impose disciplinary punishments; and
- providing a swifter and more vigorous procedure for disciplinary punishment, while preserving substantial justice, fairness, and due process of law.
Coverage: who may be punished and by whom
- Subsection (a) of Article 105 authorizes the commanding officer of:
- any detachment, company, battalion, squadron, commissioned vessel, or higher command; or
- such other officers as may be authorized by the President,
to impose disciplinary punishments for minor offenses on persons of his command without court-martial intervention.
- Subsection (b) of Article 105 requires that disciplinary punishments are imposed:
- “in addition to or in lie of admonition or reprimand”; and
- only for the types of disciplinary punishments enumerated, subject to limits stated in the article.
- Subsection (b)(1) limits which punishments and maximum durations apply when the punishments are imposed by an officer exercising general court-martial jurisdiction or an officer of general or flag rank.
- Subsection (b)(2) separately enumerates disciplinary punishments and limits applicable to other personnel of the command.
- Subsection (b) expressly prohibits imposing “confinement under guard” as part of the disciplinary punishments listed in that subsection.
Disciplinary punishments available and limits
- Under Article 105(b), the authorized punishments are the listed punishments only, and the officer imposing them must follow the maximum durations and monetary limits by category and rank specified.
- For officers of his command under Article 105(b)(1) (subject to Article 105(g) when imposed by officers exercising general court-martial jurisdiction or officers of general or flag rank):
- Withholding of privileges for not more than 30 consecutive days;
- Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days;
- Arrest in quarters for not more than 15 consecutive days;
- Forfeiture of not more than one-half one month’s base pay;
- Detention or withholding of not more than one-half of one month’s base pay per month for three months; and
- Deprivation of liberty on shore not exceeding 30 consecutive days for those attached to or embarked in a commissioned vessel of the Philippine Navy.
- If imposed by an officer exercising general court-martial jurisdiction or an officer of general or flag rank in command (through Article 105(g)), the maximums increase to:
- Withholding of privileges for not more than 60 consecutive days;
- Restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
- Arrest in quarters for not more than 30 consecutive days;
- Forfeiture of not more than one-half one month’s base pay per month for three months;
- Detention or withholding of not more than one-half of one month’s base pay for six months; and
- Deprivation of liberty on shore not exceeding 60 consecutive days for those attached to or embarked in a commissioned vessel of the Philippine Navy.
- For other personnel of his command under Article 105(b)(2), the authorized punishments include:
- Withholding of privileges for not more than 30 consecutive days;
- Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days;
- Arrest in quarters for not more than 15 consecutive days;
- Forfeiture of not more than one-half one month’s base pay;
- Detention or withholding of not more than one-half of one month’s base pay per month for three months;
- For those attached to or embarked in a commissioned vessel of the Philippine Navy:
- Deprivation of liberty on shore not exceeding 30 consecutive days; and
- Confinement on bread and water or diminished rations for not more than five consecutive days;
- Confinement not under guard for not more than 15 consecutive days;
- Hard labor without confinement for not more than 15 consecutive days;
- Extra duties, including fatigue or other duties, for not more than 15 consecutive days;
- Correctional custody for not more than 15 consecutive days; and
- Reduction to one or two inferior pay grades, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction.
- When imposed by an officer in the grade of lieutenant colonel or commander, the authorized maximums for other personnel increase (as enumerated under Article 105(b)(2)(l)), including:
- Withholding of privileges for not more than 60 consecutive days;
- Restriction for not more than 60 consecutive days;
- Arrest in quarters for not more than 30 consecutive days;
- Forfeiture of not more than one-half of one month’s base pay for two months;
- Detention or withholding of not more than one-half of one month’s base pay for six months;
- For those attached to or embarked in a commissioned vessel of the Philippine Navy, Deprivation of liberty on shore not exceeding 60 consecutive days, or Confinement on bread and water or diminished rations for not more than five consecutive days;
- Confinement not under guard for not more than 30 consecutive days;
- Hard labor without confinement for not more than 30 consecutive days;
- Extra duties for not more than 45 consecutive days;
- Correctional custody for not more than 30 consecutive days; and
- Reduction to the lowest or any intermediate pay grade, subject to a limitation that “an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.”
- An officer may not include “confinement under guard” in the disciplinary punishments imposed under Article 105(b).
Probational changes, appeals, and effect on court-martial
- Under Article 105(c), the officer who imposes the punishment, or his successor in command, may:
- suspend probationally any part or amount of the unexecuted punishment at any time;
- suspend probationally a reduction in grade or a forfeiture, whether or not executed;
- remit or mitigate any part or amount of the unexecuted punishment imposed at any time;
- set aside in whole or in part the punishment, whether executed or not executed;
- restore all rights, privileges and property affected; and
- mitigate a reduction in grade to forfeiture or detention of pay.
- Under Article 105(d), a person punished may appeal through the proper channel to the next superior authority if he considers the punishment unjust or disproportionate.
- Under Article 105(d), the appellant may in the meantime be required to undergo the punishment adjudged.
- Under Article 105(d), the superior authority may exercise the same powers regarding the punishment as the officer who imposed it.
- Under Article 105(e):
- disciplinary punishment under this article does not bar trial by court-martial for a serious crime or offense growing out of the same act or omission and not properly punishable under Article 105;
- the fact of enforcement of disciplinary punishment may be shown by the accused upon trial; and
- when shown, it is considered in determining the measure of punishment to be adjudged upon conviction.
Delegation, presidential regulations, and records
- Under Article 105(f), an officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may delegate his powers under the article to a principal assistant.
- Under Article 105(g), the President may prescribe regulations that:
- place limitations on the powers granted by the article regarding the kind and amount of punishment authorized; and
- limit the categories of commanding officers authorized to exercise these powers.
- Under Article 105(g), similar regulations may prescribe rules on:
- suspension, apportionment, remission, mitigation, setting aside of punishments imposed, and restoration of rights, privileges, and property affected;
- the form of records to be kept of proceedings under the article; and
- which categories of proceedings must be in writing.
Promotion consequences for imposed punishment
- Under Article 105(h), any officer meted punishment under the article by an officer exercising general court-martial jurisdiction or a general or flag rank in command is automatically considered on non-promotable status for one year from the date of imposition.
- Under Article 105(h), imposition by an officer exercising general court-martial jurisdiction or a general or flag rank within the three years next preceding consideration for promotion constitutes a ground for deferment from promotion.
- Under Article 105(h), any enlisted person meted punishment under the article by an officer in the grade of lieutenant colonel or commander is automatically considered on non-promotable status for one year from the date of imposition.
Command responsibility and superior discipline
- Under Article 105(i), a commanding officer who:
- refuses to act or delays action on a valid complaint,
- refuses or delays to impose a disciplinary punishment when warranted by the evidence, or
- otherwise aids or abets wrongdoing of a subordinate,
is subject to action under Article 105 by the immediate superior officer or punished as a court-martial may direct.
Procedural and transitory provisions
- Section 2 directs that all provisions of existing laws, decrees, general orders, or regulations, portions thereof, which are inconsistent or modified accordingly, are superseded to the extent of inconsistency or modification.
- Section 3 provides that the decree takes effect upon approval.