Amending Articles of War on Military Court Procedures

All active duty officers in the Armed Forces of the Philippines (AFP) or Philippine Constabulary can serve on courts-martial.
Enlisted members may serve on general and special courts-martial for enlisted persons or trainees, but only upon written request by the accused.
Enlisted members detailed shall not exceed one-third of the court membership.
Preference is given to members with at least two years of service when appointing courts.
Persons who are accusers or witnesses in a case cannot serve on its court-martial.

The term "officers" in Articles 5 and 6 is replaced with "members" to denote court membership inclusively.

Authorized appointing officials include the President, AFP Chief of Staff, Chief of Constabulary, and certain commanding officers.
Courts must include at least one "law member" who is a qualified member of the bar certified by the Judge Advocate General.
Law members must be present during evidence reception and voting.

Commanding officers of major commands and specified units may appoint special courts-martial.
If the appointing authority is the accuser or prosecutor, appointment must come from a superior authority.

Commanders of garrisons, forts, camps, regiments, or other detachment units may appoint summary courts-martial.
When only one officer is present, that officer acts as the summary court-martial.

Empowered to try any person under military law for punishable offenses under the articles of war.
Cannot try officers appointed by the Military Academy’s Superintendent.
May impose full range of punishments, including bad-conduct discharge and, for the Navy, certain confinement conditions.
Can refer cases to special courts-martial when deemed necessary but within jurisdictional limits.

Can try non-capital offenses under military law.
Cannot impose dishonorable discharge, dismissal, or confinement exceeding six months.
May order bad-conduct discharge with conditions and subject to appellate review.
Philippine Navy special courts can impose specified confinement terms including solitary confinement up to thirty days.

Can try non-capital offenses except on officers, cadets, flying cadets, or probationary second lieutenants.
Non-commissioned officers cannot be tried without approval.
Cannot impose confinement beyond one month or forfeiture beyond two-thirds of one month's pay.
Philippine Navy may impose similar confinement punishments as above but limited to fifteen days solitary confinement.

Officers are triable only by general or special courts-martial.
Officers should not be tried by inferior ranking officers if avoidable.
Enlisted persons cannot sit as members on courts trying enlisted persons assigned to the same company.

Voting on findings, sentences, and challenges is by secret written ballot.
Law member or court president rules on interlocutory questions except those related to not guilty motions or sanity.
Presumption of innocence and burden of proof beyond reasonable doubt are to be explained before voting.
Doubts must be resolved in favor of the accused.

Most offenses are limited to two years for trial after the offense, except:
- Desertion, murder, rape in wartime, mutiny, and war offenses are exempted.
- Desertion in peacetime and certain offences have a three-year limitation.
Periods of absence or impediments extend the time limits.
Wartime trials detrimental to the war effort have extended limitation periods.
These limitations do not override existing laws barring prosecution.

Sentences with bad-conduct discharge must be reviewed by Judge Advocate General before execution.
Sentences need approval by the appointing officer or commanding officer before execution.
Special courts’ bad-conduct discharge sentences require higher-level approval.

Execution of death sentences and other severe penalties requires legal sufficiency approval by board of review and Judge Advocate General.
Board of review may recommend vacating or modifying findings/sentences for legal errors.
Disagreements between the Judge Advocate General and board are resolved by the President.

Rehearing is authorized upon disapproval or vacation of sentence by President or confirming authority.
Rehearing court must differ from the original court.
Restrictions exist on offenses tried and sentences harsher than original except under certain conditions.
Petition for new trial may be filed within one year after final appellate disposition or after WWII termination for war offenses.
Only one petition per case is allowed.
Actions and decisions on new trials are final and binding.

Commanding officers or authorities coercing or influencing courts-martial or members face court-martial punishment.
Includes reprimanding courts regarding their judicial decisions.

Punishable acts include false claims, fraudulent documents, embezzlement, theft, and conspiracy involving government property.
Liability extends beyond service termination; discharged or dismissed personnel may still be tried.
Specific embezzlement offenses by officers involving military funds also maintain liability post-service.

Commanders can impose disciplinary punishments without court-martial for minor offenses unless the accused demands trial.
Punishments may include admonition, reprimand, extra duties, restriction, hard labor, forfeiture of pay, or confinement up to one week.
Philippine Navy commanders may impose suspension or confinement with specified limits.
Petty officers have defined limits on punishment severity.
Punishments can be appealed but must be served pending appeal.
These disciplinary actions do not bar subsequent court-martial prosecution for the same offense.

Enlisted men require a discharge certificate signed by a field officer or commanding officer.
Discharge before term expiry is only allowed by order of highest authorities or by court-martial sentence.

References to nurse corps members in all articles except definitions are deleted.