MILITARY JUSTICE SYSTEM
ROADMAP
 Concepts
Persons Subject to Military Law
Court Martial
Punitive Articles
Disciplinary Powers of Commander
Rights of the Respondents
MILITARY JUSTICE SYSTEM – is designed to
enforce discipline and administer justice in the
military
 Administrative Cases Punitive Cases -
PERSON SUBJECT TO MILITARY LAW:
officers and soldier in the active service
Member of the reserve force
Trainees
persons lawfully called, Draftees or Ordered
into,
Cadet of the PMA, PAF, Flying
School,Probationary Lieutenants.
All retainers to the camp
COURT MARTIAL – is a military Court
created pursuant to the article of war
REPUBLIC ACT 7055  Arrest –
 Confinement -
PUNITIVE ARTICLES OF WAR
 Art 54 - Fraudulent Enlistment
 Art. 56 - False Muster
 Art. 57 - False Returns
 Art. 58 - Acts Constituting Desertion:
 Art. 58 - Rule of Evidence and Charges
of Desertion
 Art. 59 - Any person desert or attempt to
desert the AFP
 Art. 60 - Advising or aiding another to desert.
 Art. 61 - Entertaining a deserter
 Art. 62 – Absence Without Leave (AWOL) –
 Art 63 - Disrespect Toward the President,
Vice President, Congress or Set of National
Defense.
 Art. 64 – Disrespect Towards Superior
Officer
 Art 65 – Assaulting or Willfully Disobeying
Superior Officer
 Art 66 – Insubordinate Conduct toward NonCommissioned Officer-
 Art. 67 – Mutiny and Sedition
Mutiny –insubordination,
defiance/resistant to lawful mil authority by
two or more persons subject
Sedition –demonstration by riot, disorder
 Art 68 – Failure to suppressed Mutiny
 Art 69 – quarrels; frays; disorders
 Art 70 – Arrest Confinement
 Art 71 – Charges action upon  Art 72 – Refusal to receive and keep
Prisoners –
 Art 73 – Report of Prisoner Received –
 Art 74 – Releasing Prisoner without Proper
Authority –
 Art 75 – Delivery of offenders to Civil
Authority –
 Art 76 – Misbehavior Before the Enemy –
 Art 86 – Drunk on Duty –
 Art 87 – Misbehavior of Sentinel –
 Art 88 A – Personal Interest is Sale or
Provision
 Art 88 B – A unlawfully influencing Action of
Court –
 Article 90. Good order to be maintained and
wrong redressed.
 Article 91. Provoking speeches or gestures.
 Article 92. Dueling.
 Article 93. Murder and rape.
 Article 94. Various crimes.
 Article 95. Frauds against the
government.
 Article 96. Conduct unbecoming an
officer and gentleman.
 Article 97. General Article.
DISCIPLINARY POWERS OF
COMMANDING OFFICER
1. Disciplinary powers.
2. Disciplinary punishments.
3. If the commanding officer exercises general
court martial jurisdiction,
4. Suspension and mitigation of punishment.
5. Right to appeal.
6. Not a bar to court-martial.
7. Deferment from promotion.
8. Failure on the part of commanding officer.
9. Other offenses (art 105). Minor offenses.
a. Advising, persuading or assisting AWOL
b. AWOL for less than thirty (30) days
c. Failure to perform a specific duty or task.
d. Using threatening or insulting language
e. Drunk or taking intoxicating liquor while on
duty.
f. sleeping on post while performing duty.
g. destroying government property (less than
1,000)
h. Non-support to legitimate defendants.
i. Non-payment of just debt.
j. failure to salute a commissioned officer.
k. Indiscriminate firing
l. Bringing and carrying out of firearms without
proper authority.
m. breach of discipline
1) Less grave offenses – punishable
from demotion to discharge under honorable
condition.
a) AWOL more thirty (30) days but
less than ninety (90) days.
b) Committing offenses under
"minor offense" twice or more.
n. Indiscriminate firing under the influence of liquor
o. destroying government property more
(P1,000.00) but less than (P5,000.00).
p. Using threatening or insulting language or
behaving insubordinate or disrespectful manner
toward officer.
q. Chronic alcoholism or addiction to alcohol
without overt acts or misconduct or disorder.
r. Abandonment and non-support of legitimate
family not coupled with immorality.
s. Homosexual tendencies,
t. Sleeping on post while on duty.
u. All other acts involving disorders and
neglects
v. Conducts which bring discredit to military
service.
Grave Offenses a. AWOL more (90)
b. Assaulting a commissioned or noncommissioned officer.
c. Indiscriminate firing under the influence of
liquor
d. Pregnancy out of wedlock for female
enlisted personnel.
e. Commission of overt homosexual act and
other acts of sexual perversion.
f. Maintaining sexual relation with a woman/man
other than his/her legitimate spouse/husband.
g. Commission of any crime punishable under the
revised penal code, special penal laws and
municipal and city ordinances.
h. act of misconduct, disorder or neglect
RIGHTS OF THE RESPONDENTS
1. To be notified of the fact that you are
considered for separation pursuant to executive order
nr 475;
2. permitted counsel of your own choice.
3. have the right to appear before the board
personally or through counsel;
4. To present any fact, argument, or
5. To be informed of all evidences, charges and
reports
Board extends privileges to respondents:
a. privilege of submitting a written brief or
memorandum concerning either the law, regulations
or facts involved in this case;
b. privilege of submitting a written brief or
memorandum concerning either the law, regulations
or facts involved in this case;
c. privilege of challenging for cause any
member of this board.