Law Summary
Persons Subject to Military Law
- Includes all officers, active service soldiers, Nurse Corps members, reserve forces when called to active duty, trainees, cadets, flying cadets, probationary officers.
- Also includes retainers and persons accompanying the Armed Forces in war or martial law.
- Persons under sentence adjudged by courts-martial.
Court-Martial Composition and Appointment
- All officers on active duty may serve on any court-martial.
- Appointing authorities must select officers qualified by age, training, experience, and judicial temperament.
- Officers with fewer than two years service should not exceed the minority membership on courts-martial.
General Courts-Martial
- May be appointed by the President, Chief of Staff, Chief of Constabulary, and empowered commanding officers.
- If the appointing authority is prosecutor or accuser, a superior authority must appoint the court.
- Officers who are accusers or witnesses cannot serve as members.
- One member must be a law member from the Judge Advocate General's Service or a specially qualified officer.
Special Courts-Martial
- Appointing officers similar to general courts-martial but at smaller commands or units.
- Superior authority appointment if the commander is accuser or prosecutor.
- Prohibition from serving if accuser or witness.
Summary Courts-Martial
- Jurisdiction over non-officers for non-capital offenses.
- Noncommissioned officers objecting to summary courts-martial must have higher authority approval.
- Limitations on confinement (not beyond one month), restriction (not beyond three months), and pay forfeiture (not more than two-thirds of one month).
- President may exempt classes from summary court jurisdiction.
Challenges in Courts-Martial
- Challenges for cause may be raised by accused or trial judge advocate.
- Court must decide relevancy and can only handle one challenge at a time.
- Trial judge advocate's challenges are decided before those of the accused.
- Peremptory challenges allowed; law member challenge only for cause.
Oaths Administered in Courts-Martial
- Members of courts-martial swear to try cases impartially according to rules and custom of war.
- Trial judge advocates swear to impartially perform duties and maintain confidentiality.
- Witnesses swear to testify truthfully.
- Reporters and interpreters also swear fidelity to duties.
Contempt for Non-Appearance or Testimony
- Non-subject persons subpoenaed to military courts who disobey subpoenas may be punished for contempt by civil courts.
- The Department of Justice prosecutes based on certification from military authorities.
- Witness fees and travel expenses to be paid from military appropriations.
Contempt and Punishment by Military Tribunals
- Military tribunals may punish direct contempt up to 10 days confinement, a fine of 200 pesos, or both.
Records of Court-Martial Proceedings
- Trial judge advocates must promptly forward records to appointing authority and Judge Advocate General after action.
Limitations on Trial for Military Offenses
- Statute of limitations generally 2 years, 3 years for peacetime desertion and certain offenses.
- Periods of absence or manifest impediments exclude from computation.
- Existing law prohibitions on trial and punishment remain.
Confirmation of Court-Martial Sentences
- President confirmation required for sentences affecting general officers, dismissal of officers (except specific wartime exceptions), cadets, and death sentences (with special wartime exceptions).
- No additional confirmation needed if the confirming authority has acted as approving authority.
Mitigation or Remission of Sentences
- Authorities who execute sentences may mitigate or remit unexecuted portions.
- Only the President can mitigate or remit sentences he approved or confirmed.
- Delegated commanders may commute or mitigate death sentences requiring presidential confirmation under certain conditions.
Board of Review and Rehearing of Cases
- Judge Advocate General composes a board of review from his office.
- The President or confirming authority may order rehearing with a different court if sentence is disapproved or vacated.
- Rehearing cannot increase penalty on matters previously acquitted unless for newly considered offenses.
- Separate review system may be established for Philippine Constabulary cases by the President.
Fraudulent Enlistment and Unlawful Enlistment
- Willful misrepresentation or concealment to enlist is punishable by court-martial.
- Officers knowingly enlisting prohibited persons face dismissal or other court-martial penalties.
False Returns and Failure to Render Returns
- Officers making false returns or negligently omitting required returns of troops, arms, or property face dismissal or other punishments.
Desertion and Related Offenses
- Officers quitting post without notice, soldiers re-enlisting without discharge, or persons avoiding hazardous duty are deserters.
- Desertion in war may be punished by death or other penalties; in peace, penalties exclude death.
- Advise or assist desertion is equally punishable.
- Officers retaining deserters without notification face punishment.
Disrespectful Conduct Toward High Officials
- Disrespect to President, Vice-President, Congress, or Secretary of National Defense results in dismissal or other court-martial penalties.
Charges, Investigation and Trial Procedures
- Charges must be sworn by a person subject to military law with personal knowledge or after investigation.
- General courts-martial require preliminary impartial investigation with accused's right to cross-examine and present defense.
- The trial judge advocate must review charges before trial.
- Accused must receive charges within eight days of arrest.
- No trial on general court-martial within five days of service of charges unless waived.
Duties of Custodial Officers
- Provost marshals or guards must accept prisoners with written accounting of charge.
- Refusal leads to punishment.
Handling and Disposal of Captured Property
- All enemy property captured is government property.
- Failure to secure or wrongful appropriation punished by court-martial.
Spying and War-Time Offenses
- Persons caught spying in war face trial by general court-martial or military commission and death penalty on conviction.
Murder and Rape in War
- Punishable by death or life imprisonment.
Various Penal Offenses Under Military Law
- Crimes in military reservations or involving military personnel off reservations are punishable by court-martial.
- Constabulary personnel exempt during peace from such trials.
- Penalties consider civil penal law.
Frauds Against Military Property and Funds
- Offenses like embezzlement, theft, fraudulent certifications relating to military property and money are punishable and extend to personnel after discharge or dismissal.
Conduct Unbecoming an Officer
- Officers guilty face dismissal.
Disciplinary Powers of Commanding Officers
- Authority to impose minor disciplinary punishments without court-martial unless demanded.
- Punishments have limits on duration and types.
- Appeals allowed and superior commanders may mitigate or remit punishments.
- Punishments do not bar subsequent court-martial trial for the same acts.
Arrest of Deserters by Civil Authorities
- Civil officers authorized to arrest deserters and deliver to military custody.
Making Up Time Lost by Soldiers
- Soldiers who desert, are absent without authority, or incapacitated due to misconduct must serve additional time equivalent to time lost before furlough.
Separation from Service
- Enlisted men may not be discharged without proper certificates or presidential/general court-martial order.
Oath of Enlistment
- Every soldier must swear to allegiance, honest service, obedience to orders, and support of the Constitution without reservation.
Disposition of Effects of Deceased Military Personnel
- Commanding officers or appointed summary court officers secure and manage deceased’s effects.
- Legal representatives or next of kin permitted possession; debts collected and creditors paid.
- Unclaimed effects held for two years then sold with proceeds deposited to government fund.
- Judge Advocate General oversees settlement and distribution.
Complaints Against Commanding Officers
- Military personnel may complain to superior officers about wrongs by commanders.
- Superior officers must investigate and act on complaints and report to Headquarters.
Effectivity
- The Act takes effect upon approval on June 12, 1948.