Definitions and covered terminology
- Section 3 amends Article 1 of Commonwealth Act No. 408 by adding/clarifying the following constructions:
- The word “officer” refers to a commissioned officer, including a commissioned member of the nurse corps.
- The word “soldier” includes a noncommissioned officer, a private, or any other enlisted man.
- The word “company” includes a troop, battery, or commissioned vessels.
- The word “battalion” includes a squadron, air, or naval.
- Section 21 deletes the words “a member of the nurse corps” and “members of the nurse corps” as they appear in any article of Commonwealth Act No. 408, as amended except Article 1 as amended by this Act.
Courts-martial composition and eligibility
- Section 2 amends Article 4 on who may serve on courts-martial:
- All officers in active duty in the Armed Forces of the Philippines or the Philippine Constabulary may serve on courts-martial for the trial of any person lawfully brought before such courts for trial.
- Enlisted persons in active service may serve on general and special courts-martial for the trial of enlisted persons or trainees when requested in writing by the accused at any time prior to the convening of the court.
- The competency of enlisted men is subject to conditions in this Act and other articles, and the number of enlisted men detailed must not exceed one-third of the total membership of the court.
- When appointing courts-martial, the appointing authority must detail members from the command who are best qualified by age, training, experience, and judicial temperament.
- Officers and enlisted persons with less than two years’ service must not be appointed as members of courts-martial in excess of the minority membership if it can be avoided without manifest injury to the service.
- No person may sit as a member of a general or special court-martial when he is the accuser or a witness for the prosecution.
- Section 3 amends Articles 5 and 6 by deleting “officers” and substituting “members.”
- Section 10 amends Article 16 on persons in the military service, how triable:
- Officers are triable by general and special courts-martial.
- No officer may be tried by officers inferior in rank when it can be avoided.
- No enlisted person may sit as a member of a court-martial for the trial of another enlisted person or trainee assigned to the same company.
- Section 16 amends Article 52 on suspension of sentence and specifies who may act on remission and suspension matters (see “Suspension, remission, execution controls”).
Authority to appoint courts-martial
- Section 4 amends Article 8 on general courts-martial:
- The President, the Chief of Staff, the Chief of Constabulary, and (when empowered by the President) specified commanders may appoint general courts-martial.
- The President’s empowered commanders include: commanding officer of a major command or task force, commanding officer of a division, commanding officer of a military area, superintendent of the Military Academy, commanding officer of a separate brigade or body of troops.
- When the authority appointing the general court-martial is the accuser or prosecutor, the court must be appointed by superior competent authority.
- The appointing authority must detail a law member as one member of the court.
- The law member must be an officer of the Judge Advocate General’s Service or an officer of another branch who is a member of the bar and is certified by the Judge Advocate General to be qualified for such detail.
- No general court-martial may receive evidence or vote on findings or sentence in the absence of the law member regularly detailed.
- The law member, in addition to serving as a member, performs other duties prescribed by the President by regulations.
- Section 5 amends Article 9 on special courts-martial:
- Specified commanders (major command/task force/military area/division and, when empowered by the President, additional units and locations) may appoint special courts-martial.
- When the commanding officer is the accuser or prosecutor, the court must be appointed by superior authority.
- A special court-martial may be appointed by superior authority when the latter deems it desirable.
- Section 6 amends Article 10 on summary courts-martial:
- The commanding officer of a garrison, fort, camp, or other place where troops are on duty, and the commanding officer of a regiment, commissioned vessel, detached battalion, detached company, or other detachment may appoint summary courts-martial.
- Summary courts-martial may be appointed by superior authority when the latter deems it desirable.
- When only one officer is present with a command, that officer serves as the summary court-martial and hears and determines cases brought before him.
- Section 7 amends Article 12 on general courts-martial jurisdiction and punishments:
- General courts-martial may try any person subject to military law for offenses made punishable by the articles, and any other person subject to trial by military tribunals under the law of war.
- No officer may be brought to trial before a general court-martial appointed by the Superintendent of the Military Academy.
- General courts-martial may adjudge any punishment authorized by law or service customs, including bad-conduct discharge.
- In the Philippine Navy, general courts-martial may impose deprivation of liberty on shore, and may include in a confinement sentence solitary confinement not exceeding thirty days or solitary confinement on diminished rations not exceeding thirty days.
- The officer competent to appoint a general court-martial may cause a case to be tried by a special court-martial, notwithstanding special-court limitations on offenses, when the interest of the service requires it; limitations on persons and punishments under Article 13 must be observed.
- Section 8 amends Article 13 on special courts-martial jurisdiction and punishments:
- Special courts-martial may try any person subject to military law for non-capital crimes or offenses made punishable by the articles.
- Special courts-martial may not adjudge dishonorable discharge or dismissal, and may not adjudge confinement in excess of six months.
- Special courts-martial may not adjudge forfeiture of more than two-thirds pay per month for a period not exceeding six months.
- A special court-martial may adjudge a bad-conduct discharge in addition to other authorized punishment only with:
- approval of the sentence by an officer exercising general court-martial jurisdiction, and
- appellate review by the Judge Advocate General.
- A bad-conduct discharge may not be adjudged by a special court-martial unless a complete record of proceedings and admitted testimony is taken.
- In the Philippine Navy, special courts-martial may impose deprivation of liberty on shore, and may include confinement provisions of solitary confinement not exceeding thirty days or solitary confinement on diminished rations not exceeding thirty days.
- Section 9 amends Article 14 on summary courts-martial jurisdiction and punishments:
- Summary courts-martial may try any person subject to military law except an officer, a cadet, a flying cadet, or probationary second lieutenant for non-capital crimes or offenses made punishable by these articles.
- Non-commissioned officers must not, if they object, be brought to trial before a summary court-martial without the authority of the officer competent to bring them to trial before a special court-martial.
- The President may, by regulations, except from summary-court jurisdiction any class or classes of persons subject to military law.
- Summary courts-martial may not adjudge confinement in excess of one month, restriction to limits for more than three months, or forfeiture or detention of more than two-thirds of one month’s pay.
- In the Philippine Navy, summary courts-martial may impose deprivation of liberty on shore, and may include confinement provisions of solitary confinement not exceeding fifteen days or solitary confinement on diminished rations not exceeding fifteen days.
Voting, proof standards, and interim rulings
- Section 11 amends Article 30 on method of voting:
- Voting on challenges, findings, and sentence by members of a general or special court-martial is by secret written ballot.
- The junior member counts the votes, and the president checks the count and announces the result.
- The law member of a general court-martial, or the president of a special court-martial, rules in open court on interlocutory questions other than challenge during proceedings.
- If any member objects to a law-member ruling on a motion for a finding of not guilty or on the accused’s sanity, or objects to a special-court-president ruling on the specified interlocutory issues, the court is cleared and closed and the question is decided by a majority vote, viva voce, beginning with the junior in rank.
- A ruling by the law member of a general court-martial on interlocutory questions other than the specified motion for not guilty or sanity issue is final and constitutes the ruling of the court.
- Before ruling, the law member may consult with the court in closed session and may change the ruling during the trial.
- Before any vote, the law member or special-court president must advise the court that the accused must be presumed innocent until guilt is established by legal and competent evidence beyond a reasonable doubt; reasonable doubt must be resolved in the accused’s favor, and if there is reasonable doubt as to the degree of guilt, the finding must be in the lower degree for which there is no such doubt.
- The burden of proof to establish guilt rests on the government.
Prescription period for trial and punishment
- Section 12 amends Article 38 on time limitations:
- Except for desertion, murder, or rape committed in time of war, or for mutiny or for war offenses, no person subject to military law may be tried or punished by court-martial for a crime or offense committed more than two years before arraignment.
- For desertion in time of peace or for any crime or offense punishable under article ninety-four and ninety-five, the limitation period is three years from the time the offense was committed.
- In computing limitations, the period of the accused’s absence from the jurisdiction of the Philippines, and any period when the accused is not amenable to military justice due to a manifest impediment, is excluded.
- If the Secretary of National Defense certifies that trial in time of war of an offense would be detrimental to the prosecution of the war or inimical to the nation’s security, the limitation periods for trial of that offense extend to the duration of the war and six months thereafter.
Convening authority review and execution approval
- Section 13 amends Article 45 on action by convening authority:
- Under regulations prescribed by the President, every trial by general court-martial or military commission, or record of trial by special court-martial in which a bad-conduct discharge is adjudged and approved by the appointing authority, must be referred to the staff judge advocate or the Judge Advocate General before action by the reviewing or confirming authority.
- No sentence of a court-martial may be carried into execution until it is approved by the officer appointing the court or the officer commanding for the time being.
- A sentence of a special court-martial that includes a bad-conduct discharge cannot be carried into execution until, in addition to convening authority approval, it is approved by an officer authorized to appoint a general court-martial.
- Section 14 amends Article 50 (changing its title to “Appellate Review”):
- No authority may order execution of any sentence involving:
- death,
- dismissal not suspended,
- dishonorable discharge not suspended,
- bad-conduct discharge not suspended, or
- confinement in a penitentiary,
unless and until the board of review—with approval of the Judge Advocate General—holds the record legally sufficient to support the sentence.
- An exception allows the proper reviewing/confirming authority, upon approval of a sentence involving dishonorable discharge, bad-conduct discharge, or confinement in a penitentiary, to order execution if based solely on findings of guilty of charges/specifications to which the accused pleaded guilty.
- If the board of review with Judge Advocate General approval finds the record legally sufficient after execution was withheld, the Judge Advocate General advises the reviewing/confirming authority, which may then order execution.
- If the board of review finds the record legally insufficient or that errors of law injuriously affected substantial rights, and the Judge Advocate General concurs, the findings and sentence are vacated in whole or in part, and the record is transmitted for rehearing or other proper action.
- If the Judge Advocate General does not concur, the Judge Advocate General forwards the papers and the board opinion and dissent directly to the Chief of Staff for action by the President, who may confirm or disapprove in whole or in part, with or without remission, mitigation, or commutation.
- No authority may order execution of any sentence involving:
Rehearing and new trial petitions
- Section 15 inserts Article 50-A on Rehearing:
- When the President or any reviewing or confirming authority disapproves or vacates a sentence whose execution had not yet been duly ordered, it may authorize or direct a rehearing.
- A rehearing is conducted before a court composed of officers or officers and enlisted men not members of the court that first heard the case.
- Upon rehearing, the accused cannot be tried for any offense not found guilty by the first court.
- No sentence more severe than the original sentence may be imposed, unless based upon a finding of guilty of an offense not considered on the merits in the original proceedings.
- Rehearing is required in cases where findings or sentence are vacated due to board of review approval of legally insufficient record or injurious errors, unless the result is approval in part only, return for revision, or dismissal by order of the reviewing or confirming authority.
- After rehearing ordered by the President, the record of trial is transmitted by the Judge Advocate General with the board’s opinion and recommendations to the Chief of Staff for the President’s action.
- Section 15 inserts Article 50-B on Petition for new trial:
- The Chief of Staff or Chief of Constabulary may, upon application of the accused and upon good cause shown, grant a new trial or vacate a sentence, restore rights, privileges, and property affected, and substitute a form of discharge authorized for administrative issuance, in a court-martial case.
- The application must be made within one year after final disposition upon initial appellate review.
- For offenses committed during World War II, the application may be made within one year after termination of the war, or after final disposition upon initial appellate review, whichever is later.
- Only one application for a new trial may be entertained per case.
- Actions and proceedings, findings, and sentences on new trials, as approved/reviewed/confirmed, and dismissals and discharges carried into execution pursuant to such sentences, are final and conclusive.
- Orders publishing such actions and all action taken pursuant to new-trial proceedings bind all departments, courts, agencies, and officers of the Government of the Philippines.
Suspension, remission, and execution boundaries
- Section 16 amends Article 52 on Suspension of sentence:
- The authority competent to order execution may suspend execution of any sentence not extending to death, in whole or in part, at the time of approval or any time while the sentence is being served.
- While suspended, the person under sentence may be restored to duty during the suspension.
- A suspended sentence or part may be remitted by the officer who suspended it, except that:
- for persons confined in penitentiaries, remission may be done by the successor in office or an officer exercising appropriate court-martial jurisdiction over the command where the person is serving at the time.
- The same authority may vacate the order of suspension and order execution of the sentence or suspended part so far as it has not been previously remitted, subject to like power of suspension.
- Death or honorable discharge under a suspended sentence operates as complete remission of any unexecuted or unremitted part.
- No sentence approved or confirmed by the President may be “upended” by any other authority.
Unlawful influence on courts-martial
- Section 17 inserts Article 88-A on Unlawfully influencing action of courts:
- Any authority appointing a general, special, or summary court-martial, or any other commanding officer, who censures, reprimands, or admonishes the court or any member regarding findings, sentence, or judicial responsibility must be punished as a court-martial may direct.
- Any person subject to military law who attempts to coerce or unlawfully influence:
- a court-martial or any military court or commission,
- its member in reaching findings or sentence,
- or the action of an appointing/reviewing/confirming authority regarding his judicial act,
must be punished as a court-martial may direct.
Frauds against the Government
- Section 18 amends Article 95 on Frauds against the Government:
- It penalizes persons subject to military law who make or cause to be made a claim against the Government or an officer knowing it to be false or fraudulent.
- It penalizes those who present or cause presentation of such claims for approval or payment, in civil or military service.
- It penalizes agreements or conspiracies to defraud the Government by obtaining or aiding others in obtaining allowances or payments of false or fraudulent claims.
- It penalizes making, using, procuring, or advising the use of writings or other papers containing false or fraudulent statements for purposes of obtaining approval, allowance, or payment.
- It penalizes making or using oaths to facts or papers knowing them to contain false statements for purposes of obtaining approval, allowance, or payment.
- It penalizes forging or counterfeiting signatures or procuring/advising such forging/counterfeiting, and using signatures knowing them to be forged or counterfeited.
- It penalizes delivering to a person authorized to receive government money/property an amount less than that for which a certificate or receipt is issued, when knowingly done.
- It penalizes making or delivering property-receipt papers without full knowledge of truth of their statements, with intent to defraud the Government.
- It penalizes stealing, embezzling, knowingly and willfully misappropriating, applying to personal use or benefit, or wrongfully or knowingly selling or disposing of specified government property furnished or intended for military service, including ordnance, arms, equipment, ammunition, clothing, subsistence stores, money, or other property.
- It penalizes knowingly purchasing or receiving in pledge from a soldier/officer/other person part of or employed in the Armed Forces of the Philippines or the Philippine Constabulary any government property, when the seller lacks lawful right to sell or pledge.
- It penalizes entering into agreements or conspiracies to commit any of the offenses enumerated.
- On conviction, punishment is by fine or imprisonment, or other punishment a court-martial may adjudge, or any and all of said penalties.
- A person guilty of these offenses who receives discharge or is dismissed continues to be liable to be arrested and held for trial and sentence by court-martial to the same extent as if not discharged/dismissed.
- An officer guilty of specified embezzlement offenses who receives discharge, is dismissed, or is dropped from the rolls continues to be liable similarly for court-martial trial and sentencing.
Disciplinary powers of commanding officers
- Section 19 amends Article 105 on Disciplinary powers of commanding officers:
- Commanding officers of a detachment, company, squadron, commissioned vessel, or higher command may impose disciplinary punishments for minor offenses without a court-martial, unless the accused demands trial by court-martial.
- Authorized disciplinary punishments include admonition, reprimand, withholding of privileges for not exceeding one week, extra fatigue for not exceeding one week, restriction for not exceeding one week (to specified limits), hard labor without confinement for not exceeding one week, or any combination, for not exceeding one week.
- Disciplinary punishments must include either forfeiture of pay or confinement under guard.
- For an officer exercising general court-martial jurisdiction, disciplinary punishment may also include forfeiture of not more than one-half of the officer’s monthly pay for three months against an officer below the grade of brigadier general.
- In the Philippine Navy, a commander of a commissioned vessel may impose on a commissioned officer suspension from duty, arrest or confinement, not to continue longer than ten days.
- No commander of a commissioned vessel may impose on a petty officer or person of inferior rating for a single offense, or at any one time, any punishment other than:
- confinement not exceeding ten days, or
- solitary confinement on diminished rations not exceeding five days, or
- solitary confinement not exceeding seven days, or
- deprivation of liberty on shore.
- A person punished under this article who considers the punishment unjust or disproportionate may appeal through the proper channel to the next superior authority, but must undergo the punishment while the appeal is pending.
- The commanding officer who imposed the punishment, his successor in command, and superior authority may mitigate or remit any unexecuted portion.
- Enforcement of disciplinary punishment is not a bar to court-martial trial for a crime or offense growing out of the same act or omission.
- When disciplinary punishment has been enforced and shown during trial, it is considered in determining the punishment upon guilt.
Enlisted separation from service
- Section 20 amends Article 109 on Soldiers—Separation from the service:
- No enlisted man in the military service of the Philippines in the Philippine Constabulary may be discharged without a certificate of discharge signed by a field officer of the regiment or other organization the enlisted man belongs to, or by the commanding officer when no such field officer is present.
- No enlisted man may be discharged before his term of service has expired, except by order of the President, the Chief of Staff, the Chief of Constabulary, by sentence of a general court-martial, or by sentence of bad-conduct discharge of a special court-martial.
Repeal and final effect
- Section 22 repeals Article 43 of Commonwealth Act No. 408.
- Section 23 provides that Republic Act No. 516 takes effect upon approval on June 14, 1950.
- The Act systematically amends the Articles of War provisions on courts-martial: definitions, composition eligibility, appointment authorities, jurisdictions and punishments, voting and proof rules, prescription periods, reviewing/confirming processes, suspension, rehearsal/new-trial mechanisms, unlawful influence offenses, fraud offenses, disciplinary powers, and discharge/separation rules.