Philippine Military Justice System Act 1938

There are three kinds of courts-martial: General, Special, and Summary.
General courts-martial must have at least five officers, Special courts-martial at least three, and Summary courts-martial consist of one officer.
Members of courts-martial are appointed among officers on active duty, preferably those with adequate service, experience, and judicial temperament.

Different authorities prescribe who may appoint each kind of court-martial, with safeguards to avoid conflicts of interest.
General courts-martial require inclusion of a law member from the Judge Advocate Service or another qualified officer.
Trial judge advocates and defense counsel must be appointed for general and special courts-martial to ensure prosecution and defense rights.

General courts-martial may try any person subject to military law for any offense, including under laws of war.
Special courts-martial try non-capital offenses with limitations on punishment severity.
Summary courts-martial try minor offenses, excluding officers and certain cadet ranks, with limited punitive power.
Concurrent jurisdiction is recognized; other military tribunals may try offenses subject to their authority.

The trial judge advocate prosecutes and the accused has the right to counsel, including civil counsel if available.
Challenges to court members are allowed for cause, ballots for findings and sentences are secret and governed by specific rules.
Various oaths are required for court members, advocates, witnesses, reporters, and interpreters to uphold impartiality and truthfulness.
Continuances may be granted for reasonable causes.
The accused may be tried as if pleading not guilty when refusing or failing to plead properly.
Courts have power to compel witness attendance and testimony; refusal by non-military witnesses is punishable as contempt.
Self-incrimination is prohibited; witnesses need not answer irrelevant or degrading questions.
Depositions and records of courts of inquiry may be used as evidence under specified conditions.
Courts announce acquittals publicly; closed sessions restrict presence of advocates.

Detailed records of proceedings must be kept by all courts-martial and authenticated.
Records are forwarded to the convening authority and eventually to the Judge Advocate General.
Errors in procedure or evidence do not invalidate trials unless substantial rights of the accused are harmed.
The President may prescribe procedural rules aligning with recognized rules of evidence when practicable.

Statute of limitations generally is two years, three years for desertion in peace and certain offenses; excludes periods when the accused is absent or not amenable to military justice.
Double jeopardy is prohibited unless a prior finding is not final, and limits are placed on retrials and sentence increases.

Cruel and unusual punishments are prohibited.
Confinement in penitentiaries is limited to specific instances and durations.
Death sentence requires unanimity of the court for capital offenses; other serious sentences require qualified majorities.
Publication of punishments for cowardice or fraud is mandated; associates may face social sanction.
Punishments have maximum limits set by the President.

No court-martial sentence may be executed without approval by the appointing authority.
The President’s confirmation is required for sentences affecting general officers, dismissals of officers, cadets’ dismissal, and death sentences except under wartime exceptions.
Approving and confirming authorities have powers to modify findings and sentences, including reducing offenses or sentences.
A Board of Review under the Judge Advocate General examines records before submission to the President and may recommend rehearing or modification based on sufficiency and legality.
Execution of sentences may be suspended or mitigated; restoration to duty is possible during suspension.
The death or honorable discharge of a person under suspension extinguishes unexecuted parts of the sentence.

The law details punitive articles covering fraudulent enlistment, false muster, desertion, disrespect, insubordination, mutiny, assaulting officers, and failure to suppress mutiny.
Severe penalties including death or dismissal apply to serious offenses like desertion in wartime, mutiny, sedition, and spying.
Other offenses include misconduct such as intoxication on duty, disorderly conduct, misuse of military property, dueling, and crimes under penal laws committed on military reservations.

Courts of Inquiry may be ordered to investigate any accusation or transaction involving officers or soldiers.
They consist of three or more officers, and the party investigated may be represented by counsel.
Powers include summoning and examining witnesses, with testimony under oath similar to courts-martial.
Courts of inquiry keep authenticated records and generally do not express opinions on the merits unless specifically ordered.

Commanding officers may impose minor disciplinary punishments without court-martial unless requested by the accused.
Procedures are established for redress of property damage caused by military personnel.
Civil authorities may arrest deserters and deliver them to military custody.
Soldiers are liable to serve additional time to compensate for deserts, absence without leave, or confinement resulting from misconduct.
Discharge of enlisted men requires proper certification; officers require Presidential order or court-martial sentence.
Oaths of enlistment and the reading of fundamental articles are mandated at enlistment and periodically thereafter.
Rights to copies of trial records, investigations of suspicious deaths, and administration of oaths are provided.
The law establishes authority for appointment of court reporters and interpreters, and defines roles of assistant legal officers.
Command and rank precedence in combined commands are governed by Presidential authority.
Complaints of wrongs against commanding officers may be escalated to higher military authority, with reports to Army Headquarters.

Offenses committed prior to this Act’s effective date are governed by prior laws.
Laws inconsistent with this Act are repealed.
The Act takes effect upon approval.