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PRESIDENTIAL DECREE NO. 1968
PRESIDENTIAL DECREE NO. 1968 -
FURTHER AMENDING ARTICLE 105 OF COMMONWEALTH ACT NO. 408, OTHERWISE
KNOWN AS "THE ARTICLES OF WAR, ARMED FORCES OF THE PHILIPPINES," AS
AMENDED BY REPUBLIC ACT NUMBERED 242 AND 516
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WHEREAS,
the disciplinary powers of commanding officers under the present
Article of War 105 have not provided the desired deterrent against the
commission of transgressions by members of the Armed Forces of the
Philippines;chanroblesvirtualawlibrary
WHEREAS, the present Article of War 105 likewise is not conducive to
swift and decisive disciplinary action against erring members of the
Armed Forces;chanroblesvirtualawlibrary
WHEREAS, it is vital to make more effective these disciplinary
punishments that may be imposed, enlarging the scope thereof as well as
the categories of commanding officers authorized to impose disciplinary
punishments, and providing for a swifter and more vigorous procedure in
the imposition of disciplinary punishments, while at the same time
affording members of the Armed Forces substantial justice and fairness
and due process of law. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution and as
Commander-in-Chief of all Armed Forces of the Philippines, do hereby
order and decree as part of the law of the land as follows:cralaw:red
"Art. 105. Disciplinary Powers of Commanding
Officers. —chanroblesvirtualawlibrary
"a. The commanding officer of any detachment,
company, battalion, squadron, commissioned vessel, or higher command,
or such other officers as may be authorized by the President, may, for
minor offenses, impose disciplinary punishments upon persons of his
command without the intervention of a court-martial.
"b. Subject to subsection g of this article, any
commanding officer may, in addition to or in lieu of admonition or
reprimand, impose one or more of the following disciplinary
punishments, but shall not include confinement under guard:cralaw:red
(1) Upon officers of his command. —chanroblesvirtualawlibrary
(a) Withholding of privileges for not more than 30
consecutive days;chanroblesvirtualawlibrary
(b) Restriction to certain specified limits, with or
without suspension from duty, for not more than 30 consecutive days;chanroblesvirtualawlibrary
(c) Arrest in quarters for not more than 15
consecutive days; chanroblesvirtualawlibrary
(d) Forfeiture of not more than one-half one month's
base pay;chanroblesvirtualawlibrary
(e) Detention or withholding of not more than
one-half of one month's base pay per month for three months;chanroblesvirtualawlibrary
(f) Deprivation of liberty on shore not exceeding 30
consecutive days; for those attached to or embarked in a commissioned
vessel of the Philippine Navy.
(g) If imposed by an officer exercising general
court-martial jurisdiction or by an officer of general or flag rank in
command —chanroblesvirtualawlibrary
(i) Withholding of privileges for not more than 60
consecutive days;chanroblesvirtualawlibrary
(ii) Restriction to certain specified limits, with or
without suspension from duty, for not more than 60 consecutive days;chanroblesvirtualawlibrary
(iii) Arrest in quarters for not more than 30
consecutive days;chanroblesvirtualawlibrary
(iv) Forfeiture of not more than one-half of one
month's base pay per month for three months;chanroblesvirtualawlibrary
(v) Detention or withholding of not more than
one-half of month's base pay for six months;chanroblesvirtualawlibrary
(vi) Deprivation of liberty on shore not exceeding 60
consecutive days, for those attached to or embarked in a commissioned
vessel of the Philippine Navy.
(2) Upon other personnel of his command. —chanroblesvirtualawlibrary
(a) Withholding of privileges for not more than 30
consecutive days;chanroblesvirtualawlibrary
(b) Restriction to certain specified limits, with or
without suspension from duty, for not more than 30 consecutive days;chanroblesvirtualawlibrary
(c) Arrest in quarters for not more than 15
consecutive days;chanroblesvirtualawlibrary
(d) Forfeiture of not more than one-half of one
month's base pay;chanroblesvirtualawlibrary
(e) Detention or withholding of not more than
one-half of one month's base pay per month for three months;chanroblesvirtualawlibrary
(f) With respect to those attached to or embarked in
a commissioned vessel of the Philippine Navy —chanroblesvirtualawlibrary
(i) Deprivation of liberty on shore not exceeding 30
consecutive days; chanroblesvirtualawlibrary
(ii) Confinement on bread and water or diminished
rations for not more than five consecutive days;chanroblesvirtualawlibrary
(g) Confinement not under guard for not more than 15
consecutive days;chanroblesvirtualawlibrary
(h) Hard labor without confinement for not more than
15 consecutive days;chanroblesvirtualawlibrary
(i) Extra duties, including fatigue or other duties,
for not more than 15 consecutive days;chanroblesvirtualawlibrary
(j) Correctional custody for not more than 15
consecutive days;chanroblesvirtualawlibrary
(k) Reduction to one or two inferior pay grades, if
the grades from which demoted is within the promotion authority of the
officer imposing the reduction or any officer subordinate to the one
who imposes the reduction.
(l) If imposed by an officer in the grade of
lieutenant colonel or commander —chanroblesvirtualawlibrary
(i) Withholding of privileges for not more than 60
consecutive days;chanroblesvirtualawlibrary
(ii) Restriction to certain specified limits, with or
without suspension from duty, for not more than 60 consecutive days;chanroblesvirtualawlibrary
(iii) Arrest in quarters for not more than 30
consecutive days; chanroblesvirtualawlibrary
(iv) Forfeiture of not more than one-half of one
month's base pay for two months;chanroblesvirtualawlibrary
(v) Detention or withholding of not more than
one-half of month's base pay for six months;chanroblesvirtualawlibrary
(vi) With respect to those attached to or embarked in
a commissioned vessel of the Philippine Navy, deprivation of liberty on
shore not exceeding 60 consecutive days, or confinement on bread and
water or diminished rations for not more than five consecutive days;chanroblesvirtualawlibrary
(vii) Confinement no under guard for not more than 30
consecutive days;chanroblesvirtualawlibrary
(viii) Hard labor without confinement for not more
than 30 consecutive days;chanroblesvirtualawlibrary
(ix) Extra duties, including fatigue or other duties,
for not more than 45 consecutive days;chanroblesvirtualawlibrary
(x) Correctional custody for not more than 30
consecutive days;chanroblesvirtualawlibrary
(xi) Reduction to the lowest or any intermediate pay
grade, if the grade from which demoted is within the promotion
authority of the officer imposing the reduction or any officer
subordinate to the one who imposes the reduction, but an enlisted
member in a pay grade above E-4 may not be reduced more than two pay
grades.
"c. The officer who imposes the punishment, or his
successor in command may, at anytime, suspend probationally any part or
amount of the unexecuted punishment imposed and may suspend
probationally a reduction in grade or a forfeiture, whether or not
executed. He may also, at any time, remit or mitigate any part or
amount of the unexecuted punishment imposed and may set aside in whole
or in part the punishment, whether executed or not executed, and
restore all rights, privileges and property affected. He may also
mitigate a reduction in grade to forfeiture or detention of pay.
"d. A person punished under this article who
considers his punishment unjust or disproportionate to the offense may,
through the proper channel, appeal to the next superior authority, but
may in the meantime be required to undergo the punishment adjudged. The
superior authority may exercise the same powers with respect to the
punishment imposed as may be exercised under the preceding subsection
by the officer who imposed the punishment. chanroblesvirtualawlibrary
"e. The imposition and enforcement of disciplinary
punishment under this article for any act or omission shall not be a
bar to trial by court-martial for a serious crime or offense growing
out of the same act or omission, and not properly punishable under this
article; but the fact that a disciplinary punishment has been enforced
may be shown by the accused upon trial, and when so shown shall be
considered in determining the measure of punishment to be adjudged in
the event of a finding of guilty.
"f. A commanding officer exercising general
court-martial jurisdiction or an officer of general or flag rank in
command may delegate his powers under this article to a principal
assistant.
"g. Under such regulations as the President may
prescribe, limitations may be placed on the powers granted by this
article with respect to the kind and amount of punishment authorized
and the categories of commanding officers authorized to exercise these
powers. Under similar regulations, rules may be prescribed with respect
to the suspension, apportionment, remission, mitigation, setting aside
of the punishments imposed, or the restoration of rights, privileges
and property affected by the punishments imposed, and the form of
records to be kept of proceedings under this article, and what
categories of these proceedings shall be in writing.
"h. Any officer meted punishment under this article
by an officer exercising general court-martial jurisdiction or a
general or flag rank in command shall automatically be considered on
non-promotable status for a period of one year from the date of the
imposition of the punishment. The imposition by an officer exercising
general court-martial jurisdiction or a general or flag rank in command
of three years next proceeding the consideration for promotion of an
officer shall constitute a ground for deferment from promotion of the
officer. Any enlisted person meted punishment under the provisions of
this article by an officer in the grade of lieutenant colonel or
commander shall automatically be considered on non-promotable status
for a period of one year from the date of the imposition of punishment.
"i. Any commanding officer who refuses to act or
delays action on a valid complaint against a person under his command,
or refuses or delays to impose a disciplinary punishment under this
article when warranted by the evidence, or otherwiseds or abets the
wrongdoing of a subordinate shall be subject to action under this
article by his immediate superior officer or punished as a
court-martial may direct."
Section 2. All provisions of existing laws, decrees,
general orders, or regulations, or portions thereof, which are
inconsistent with the provisions of this decree, are hereby repealed or
modified accordingly.
Section 3. This decree shall take effect upon
approval. chanroblesvirtualawlibrary
Done in the City of Manila,
this 11th day of January, in the year of Our Lord, nineteen hundred and
eighty-five.
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