Section 1. Section one of Commonwealth Act Numbered Four
hundred and eight is hereby amended to read as follows:
"Section 1. The following articles shall be known as
the Articles of War and shall at all times and in all places govern the
Armed Forces of the Philippines and the Philippine Constabulary."
Sec. 2. Article two of Commonwealth Act Numbered
Four hundred and eight is hereby amended to read as
follows:
"Art. 2. Persons Subject to Military Law. — The
following persons are subject to these articles and shall be understood
as included in the term "any person subject to military law" or
"persons subject to military law," whenever used in these articles:
"(a) All officers, members of the Nurse Corps and
soldiers in the active service of the Armed Forces of the Philippines
or of the Philippine Constabulary; all members of the reserve force,
from the dates of their call to active duty and while on such active
duty; all trainees undergoing military instructions; and all other
persons lawfully called, drafted, or ordered into, or to duty or for
training in, the said service, from the dates they are required by the
terms of the call, draft, or order to obey the same;
"(b) Cadets, flying cadets, and probationary second
lieutenants;
"(c) All retainers to the camp and all persons
accompanying or serving with the Armed Forces of the Philippines in the
field in time of war or when martial law is declared though not
otherwise subject to these articles;
"(d) All persons under sentence adjudged by
courts-martial."
Sec. 3. Article four of Commonwealth Act Numbered
Four hundred and eight is hereby amended to read as follows:
"Art. 4. Who may Serve on Courts-Martial. — All
officers in active duty in the Armed Forces of the Philippines or in
the Philippine Constabulary shall be competent to serve on
courts-martial for the trial of any person who may lawfully be brought
before such courts for trial. When appointing courts-martial, the
appointing authority shall detail as members thereof those officers of
the command who, in his opinion, are best qualified for the duty by
reason of age, training, experience, and judicial temperament; and
officers having less than two years' service shall not, if it can be
avoided without manifest injury to the service, be appointed as members
of courts-martial in excess of the minority membership thereof."
Sec. 4. Article eight of Commonwealth Act Numbered
Four hundred and eight is hereby amended to read as follows:
"Art. 8. General Courts-Martial. — The President of
the Philippines, the Chief of Staff of the Armed Forces of the
Philippines, the Chief of Constabulary and, when empowered by the
President, the Commanding Officer of a major command or task force, the
Commanding Officer of a Division, the Commanding Officer of a military
area, the Superintendent of the Military Academy, the Commanding
Officer of a separate brigade or body of troops may appoint general
courts-martial; but when any such commander is the accuser or the
prosecutor of the person or persons to be tried, the court shall be
appointed by superior competent authority, and no officer shall be
eligible to sit as a member of such court when he is the accuser or a
witness for the prosecution or for the defense.
"The authority appointing a general court-martial shall detail as one
of the members thereof a law member, who shall be an officer of the
Judge Advocate General's Service, except that when an officer of that
service is not available for the purpose the appointing authority shall
detail instead an officer of some other branch of the service selected
by the appointing authority as specially qualified to perform the
duties of law member. The law member, in addition to his duties as a
member, shall perform such other duties as the President may by
regulations prescribe."
Sec. 5. Article nine of Commonwealth Act Numbered
Four hundred and eight is hereby amended to read as follows:
"Art. 9. Special Courts-Martial. — The commanding
officer of a major command, task force, military area, or division and
when empowered by the President, the commanding officer of a garrison,
fort, camp, brigade, regiment, detached battalion or squadron, or other
detached command or place, zone or commissioned vessel where troops are
on duty may appoint special courts-martial; but when any such
commanding officer is the accuser or the prosecutor of the person or
persons to be tried, the court shall be appointed by superior
authority, and may in any case be appointed by superior authority when
by the latter deemed desirable; and no officer shall be eligible to sit
as a member of such court when he is the accuser or a witness for the
prosecution or for the defense."
Sec. 6. Article fourteen of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 14. Summary Courts-Martial. — Summary
courts-martial shall have power to try any person subject to military
law, except an officer, a member of the Nurse Corps, a cadet, a flying
cadet or probationary second lieutenant, for any crime or offense not
capital made punishable by these articles: Provided, That
non-commissioned officers shall not, if they object thereto, be brought
to trial before a summary court-martial without the authority of the
officer competent to bring them to trial before a general
court-martial: Provided, further, That the President may, by
regulations, except from the jurisdiction of summary courts-martial any
class or classes of persons subject to military law.
"Summary courts-martial shall not have power to adjudge confinement in
excess of one month, restriction to limits for more than three months,
or forfeiture or detention of more than two-thirds of one month's pay."
Sec. 7. Article eighteen of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 18. Challenges. — Members of general or special
courts-martial may be challenged by the accused or the trial judge
advocate for cause stated to the court. The court shall determine the
relevancy and validity thereof, and shall not receive a challenge to
more than one member at a time. Challenges by the trial judge advocate
shall ordinarily be presented and decided before those by the accused
are offered. Each side shall be entitled to the peremptory challenge,
but the law member of the court shall not be challenged except for
cause."
Sec. 8. Article nineteen of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 19. Oath. — The trial judge advocate of a
general or special court-martial shall administer to the members of the
court, before they proceed upon any trial, the following oath or
affirmation: "You, A.B., do swear (or affirm) that you will well truly
try and determine, according to the evidence, the matter now before
you, between the People of the Philippines and the person to be tried,
and that you will duly administer justice, without partiality, favor,
or affection according to the provisions of the rules and articles for
the government of the Armed Forces of the Philippines and of the
Philippine Constabulary and if any doubt should arise, not explained by
said rules and articles, then according to your conscience, the best of
your understanding and the custom of war in like cases; and you do
further swear (or affirm) that you will not divulge the findings or
sentence of the court until they shall be published by the proper
authority or duly announced by the court, except to the trial judge
advocate and assistant trial judge advocate; neither will you disclose
nor discover the vote or opinion of any particular member of the
court-martial upon a challenge or upon the findings or sentence, unless
required to give evidence thereof as a witness by a court of justice in
due course of law. So help you God."
"When the oath or affirmation has been administered to the members of a
general or special court-martial, the president of the court shall
administer to the trial judge advocate and to each assistant trial
judge advocate if any, an oath or affirmation in the following form:
"You, A.B., do swear (or affirm) that you will faithfully and
impartially perform the duties of a trial judge advocate, and will not
divulge the findings or sentence of the court to any but the proper
authority until they shall be duly disclosed. So help you God."
"All persons who give evidence before a court-martial shall be examined
on oath or affirmation in the following form: "You swear (or affirm)
that the evidence you shall give in the case now in hearing shall be
the truth, the whole truth and nothing but the truth. So help you God."
"Every reporter of the proceedings of a court-martial shall, before
entering upon its duties, take oath or affirmation in the following
form: "You swear (or affirm) that you will faithfully perform the
duties of reporter to this court. So help me God."
"Every interpreter in the trial of any case before a court- martial
shall, before entering upon its duties, take oath or affirmation in the
following form: "You swear (or affirm) that you will truly interpret in
the case now in hearing. So help you God."
"In case of affirmation the closing sentence of adjuration will be
omitted."
Sec. 9. Article twenty-three of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 23. Refusal to Appear or Testify. — Every
person not subject to military law who, being duly subpoenaed to appear
as a witness before any military court, commission, court of inquiry,
or board, or officer appointed to conduct an investigation under the
provisions of Article seventy-one, or before any officer, military or
civil, designated to take a deposition to be read in evidence before
such court, commission, court of inquiry, or board, wilfully neglects
or refuses to appear, or refuses to qualify as a witness, or testify,
or produce documentary evidence which such person may have been legally
subpoenaed to produce, shall be deemed guilty of contempt, for which
such person shall be punished on information in the court of first
instance of the province or city where the subpoena is issued,
jurisdiction being hereby conferred upon such courts for such purpose
and it shall be the duty of the City Fiscal or City Attorney or
Provincial Fiscal, on the certification of the facts to him by the
military court, commission, court of inquiry, or board, or officer
appointed to conduct an investigation under the provisions of Article
seventy-one, to file an information against and prosecute the person so
offending in the manner provided in sections four and five, Rule
sixty-four of the Rules of Court, and the punishment of such person, on
conviction, shall be that provided in sections six and seven of the
aforesaid Rule sixty-four: Provided, That such fees as the Chief of
Staff may prescribe, and travelling expenses in the amount of ten
centavos per kilometer of travel shall be duly paid or tendered to
witnesses, such amounts to be paid out of the appropriations of the
Armed Forces of the Philippines or Philippine Constabulary."
Section 10. Article thirty-one of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 31. Contempts. — A military tribunal may punish
any person who commits direct contempt as defined in rules of court:
Provided, That such punishment shall in no case exceed ten days
confinement, or a fine not exceeding two hundred pesos, or both."
Section 11. Article thirty-four of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 34. Disposition of Records — General and
Special Courts-Martial. — The trial judge advocate of each general or
special court-martial shall, with such expedition as circumstances may
permit, forward to the appointing authority or to his successor in
command the original record of the proceedings of such court in the
trial of each case. All records of such proceedings shall, after having
been acted upon, be transferred to the Judge Advocate General of the
Armed Forces of the Philippines."
Section 12. Article thirty-eight of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 38. As to Time. — Except for desertion or
murder committed in time of war, or for mutiny or for war offenses, no
person subject to military law shall be liable to be tried or punished
by a court-martial for any crime or offense committed more than two
years before the arraignment of such person: Provided, That desertion
in time of peace or for any crime or offense punishable under articles
ninety-four and ninety-five of these articles, the period of
limitations upon trial and punishment by courts-martial shall be three
years: Provided, further, That the period of any absence of the accused
from the jurisdiction of the Philippines, and also any period during
which by reason of some manifest impediment the accused shall not have
been amenable to military justice shall be excluded in computing the
aforesaid periods of limitations: And provided, further, That this
article shall not have the effect to authorize the trial or punishment
for any crime or offense barred by the provisions of existing law."
Section 13. Article forty-seven of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 47. Confirmation — When Required. — In addition
to the approval required by article forty-five, confirmation by the
President is required in the following cases before the sentence of a
court-martial is carried into execution, namely:
"(a) Any sentence respecting a general officer;
"(b) Any sentence extending to the dismissal of an
officer except that in time of war a sentence extending to the
dismissal of an officer below the grade of brigadier general may be
carried into execution upon confirmation by the commanding general of
the Army in the field.
"(c) Any sentence extending to the suspension or
dismissal of a cadet, flying cadet, probationary second lieutenant, and
"(d) Any sentence of death, except in the cases of
persons convicted in time of war, of murder, mutiny, desertion, or as
spies, and in such excepted cases of sentence of death may be carried
into execution, subject to the provisions of Article 50, upon
confirmation by the commanding general of the Army in the field.
"When the authority competent to confirm the sentence has already acted
as the approving authority no additional confirmation by him is
necessary."
Section 14. Article forty-nine of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 49. Mitigation or Remission of Sentence. — The
power to order the execution of the sentence adjudged by a
court-martial shall be held to include, inter alia, the power to
mitigate or remit the whole or any part of the sentence.
"Any unexecuted portion of a sentence adjudged by a court-martial may
be mitigated or remitted by the military authority competent to
appoint, for the command, exclusive of penitentiaries and Disciplinary
Barracks of the Armed Forces of the Philippines or Philippine
Constabulary, in which the person under sentence is held, a court of
the kind that imposed the sentence, and the same power may be exercised
by superior military authority; but no sentence approved or confirmed
by the President shall be remitted or mitigated by any other authority,
and no approved sentence of loss of files by an officer shall be
remitted or mitigated by any authority inferior to the President,
except as provided in Article 52.
"When empowered by the President so to do, the commanding general of
the Army in the field or the area commander may approve or confirm and
commute (but not approve or confirm without commuting), mitigate, or
remit and then order executed as commuted, mitigated, or remitted any
sentence which under those articles requires the confirmation of the
President before the same may be executed."
Section 15. The first and fourth paragraphs of
Article fifty of Commonwealth Act Numbered Four hundred and eight, are
hereby amended to read, respectively, as follows:
"Art. 50. Review — Rehearing. — The Judge Advocate
General of the Armed Forces of the Philippines shall constitute, in his
office, a board of review consisting of one or more officers of the
Judge Advocate General's Service."
"When the President or any reviewing or confirming authority
disapproves or vacates a sentence the execution of which has not
heretofore been duly ordered, he may authorize or direct a rehearing.
Such rehearing shall take place before a court composed of officers not
members of the court which first heard the case. Upon such rehearing
the accused shall not be tried for any offense of which he was found
not guilty by the first, and no sentence in excess of or more severe
than the original sentence shall be imposed unless the sentence be
based upon a finding of guilty of an offense not considered upon the
merits in the original proceedings: Provided, That such rehearing shall
be had in all cases where a finding and sentence have been vacated by
reason of the action of the board of review approved by the Judge
Advocate General holding the record of trial legally insufficient to
support the findings or sentence or errors of law have been committed
injuriously affecting the substantial rights of the accused, unless in
accord with such action, and the recommendations of the Judge Advocate
General thereon, the findings or sentence are approved in part only, or
the record is returned for revision, or unless the case is dismissed by
order of the reviewing or confirming authority. After any such
rehearing had on the order of the President, the record of trial shall,
after examination by the board of review, be transmitted by the Judge
Advocate General, with the Board's opinion and his recommendations, to
the Chief of Staff for the action of the President."
Section 16. Article fifty of Commonwealth Act
Numbered Four hundred and eight is hereby further amended by adding a
new paragraph after the last paragraph thereof which shall read as
follows:
"The President is hereby empowered to establish a system of review,
separate from that prescribed in this article, for cases wherein the
accused is a member of the Philippine Constabulary: Provided, That
until the President directs otherwise, the records of trial in such
cases shall remain subject to the requirements and procedure fixed by
this article."
Section 17. Article fifty-four of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 54. Fraudulent Enlistment. — Any person who
shall procure himself to be enlisted in the military service of the
Philippines or in the Philippine Constabulary by means of willful
misrepresentation or concealment as to his qualifications for
enlistment, and shall receive pay or allowance under such enlistment,
shall be punished as a court-martial may direct."
Section 18. Article fifty-five of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 55. Officer Making Unlawful Enlistment. — Any
officer who knowingly enlists or musters into the military service or
in the Philippine Constabulary any person whose enlistment or muster in
is prohibited by law, regulations or orders shall be dismissed from the
service or suffer such other punishment as a court-martial may direct."
Section 19. Article fifty-seven of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 57. False Return — Omission to Render Returns.
— Every officer whose duty it is to render to Headquarters, Armed
Forces of the Philippines or the Philippine Constabulary or other
superior authority a return of the state of the troops under his
command, or of the arms, ammunition, clothing, funds, or other property
thereunto belonging, who knowingly makes a false return thereof shall
be dismissed from the service and suffer such other punishment as a
court-martial may direct. Any officer who, through neglect or design,
omits to render such return shall be punished as a court-martial may
direct."
Sec. 20. Article fifty-eight of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 58. Certain Acts to Constitute Desertion. — Any
officer who, having tendered his resignation and prior to due notice of
the acceptance of the same, quits his post or proper duties without
leave and with intent to absent himself permanently therefrom shall be
deemed a deserter.
"Any soldier who, without having first received a regular discharge,
again enlists in the Armed Forces of the Philippines or Philippine
Constabulary or in the armed forces of any foreign country shall be
deemed to have deserted the service of the Philippines and where the
enlistment is in the Armed Forces of the Philippines or the Philippine
Constabulary to have fraudulently enlisted therein.
"Any person subject to military law who quits his organization or place
of duty with the intent to avoid hazardous duty or to shirk important
service shall be deemed a deserter."
Sec. 21. Article fifty-nine of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 59. Desertion. — Any person subject to military
law who deserts or attempts to desert the service of the Armed Forces
of the Philippines or Philippine Constabulary shall, if the offense be
committed in time of war, suffer death or such other punishment as a
court-martial may direct, and, if the offense be committed at any other
time, any punishment, excepting death, that a court-martial may direct."
Sec. 22. Article sixty of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 60. Advising ording Another to Desert. — Any
person subject to military law who advises or persuades or knowingly
assists another to desert the service of the Armed Forces of the
Philippines or Philippine Constabulary shall, if the offense be
committed in time of war, suffer death or such other punishment as a
court-martial may direct, and, if the offense be committed at any other
time, any punishment, excepting death, that a court-martial may direct."
Sec. 23. Article sixty-one of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 61. Entertaining a Deserter. — Any officer who,
after having discovered that a soldier in his command is a deserter
from the military service or from the Philippine Constabulary retains
such deserter in his command without informing superior authority of
the commander of the organization to which the deserter belongs, shall
be punished as a court-martial may direct."
Sec. 24. Article sixty-three of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as
follows:
"Art. 63. Disrespect toward the President,
Vice-President, Congress of the Philippines, or Secretary of National
Defense. — Any officer who uses contemptuous or disrespectful words
against the President, Vice-President, the Congress of the Philippines,
or Secretary of National Defense, shall be dismissed from the service
or suffer such other punishment as a court-martial may direct. Any
other person subject to military law who so offends shall be punished
as a court-martial may direct."
Sec. 25. Article seventy-one of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 71. Charges: — Action upon. — Charges and
specifications must be signed by a person subject to military law, and
under oath either that he has personal knowledge of, or has
investigated, the matters set forth therein and that the same are true
in fact, to the best of his knowledge and belief.
"No charge will be referred to a general court-martial for trial until
after a thorough and impartial investigation thereof shall have been
made. This investigation will include inquiries as to the truth of the
matter set forth in said charges, form of charges, and what disposition
of the case should be made in the interest of justice and discipline.
At such investigation full opportunity shall be given to the accused to
cross-examine witnesses against him if they are available and to
present anything he may desire in his own behalf, either in defense or
mitigation, and the investigating officer shall examine available
witnesses requested by the accused. If the charges are forwarded after
such investigation, they shall be accompanied by a statement of the
substance of the testimony taken on both sides.
"Before directing the trial of any charge by general court-martial the
appointing authority will refer it to his staff judge advocate for
consideration and advice.
"When any person subject to military law is placed in arrest or
confinement immediate steps will be taken to try the person accused or
to dismiss the charge and release him. Any officer who is responsible
for unnecessary delay in investigating or carrying the case to a final
conclusion shall be punished as a court-martial may direct. When a
person is held for a trial by general court-martial, the commanding
officer, within eight days after the accused is arrested or confined,
if practicable, forward the charges to the officer exercising general
court-martial jurisdiction and furnish the accused a copy of such
charges. If the same be not practicable, he will report to superior
authority the reasons for delay. The trial judge advocate will cause to
be served upon the accused a copy of the charges upon which trial is to
be had, and a failure so to serve such charges will be ground for a
continuance unless the trial be had on the charges furnished the
accused as hereinbefore provided. In time of peace no person shall,
against his objection, be brought to trial before a general
court-martial within a period of five days subsequent to the service of
charges upon him."
Sec. 26. Article seventy-two of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 72. Refusal to Receive and Keep Prisoners. — No
provost marshal or commander of a guard shall refuse to receive or keep
any prisoner committed to his charge by an officer belonging to the
Armed Forces of the Philippines or the Philippine Constabulary,
provided the officer committing shall, at the time, deliver an account
in writing, signed by himself, of the crime or offense charged against
the prisoner. Any officer or soldier so refusing shall be punished as a
court-martial may direct."
Sec. 27. Article eighty of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 80. Captured Property to be Secured for Public
Service. — All public property taken from the enemy is the property of
the Government of the Philippines and shall be secured for the service
thereof, and any person subject to military law who neglects to secure
such property or is guilty of wrongful appropriation thereof shall be
punished as a court-martial may direct."
Sec. 28. Article eighty-three of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 83. Spies. — Any person who in time of war
shall be found lurking or acting as a spy in or about any of the
fortifications, posts, quarters, or encampments of the Armed Forces of
the Philippines or elsewhere, shall be tried by a general court-martial
or by a military commission, and shall, on conviction thereof, suffer
death."
Sec. 29. Article ninety-three of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 93. Murder — Rape. — Any person subject to
military law who commits murder or rape in time of war shall suffer
death or imprisonment for life, as a court-martial may direct."
Sec. 30. Article ninety-four of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 94. Various Crimes. — Any person subject to
military law who commits any felony, crime, breach of law or violation
of municipal ordinance which is recognized as an offense of a penal
nature and is punishable under the penal laws of the Philippines or
under municipal ordinances, (A) inside a reservation of the Armed
Forces of the Philippines, or (B) outside any such reservation when the
offended party (and each one of the offended parties if there be more
than one) is a person subject to military law, shall be punished as a
court-martial may direct: Provided, That, in time of peace, officers
and enlisted men of the Philippine Constabulary shall not be triable by
courts-martial for any felony, crime, breach of law or violation of
municipal ordinances committed under this article. In imposing the
penalties for offenses falling within this article, the penalties for
offenses provided in the penal laws of the Philippines or in such
municipal ordinances shall be taken into consideration."
Sec. 31. Article ninety-five of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 95. Frauds against the Government Affecting
Matters and Equipment. — Any person subject to military law who, having
charge, possession, custody, or control of any money or other property
of the Philippines, furnished or intended for the military service
thereof, knowingly delivers, or causes to be delivered, to any person
having authority to receive the same, any amount thereof less than that
for which he receives a certificate or receipt; or
"Who, being authorized to make or deliver any paper certifying the
receipt of any property of the Philippines furnished or intended for
the military service thereof, makes or delivers to any person such
writing, without having full knowledge of the truth of the statements
therein contained and with intent to defraud the Philippines; or
"Who steals, embezzles, knowingly and wilfully misappropriates, applies
to his own use or benefit or wrongfully or knowingly sells or dispose
of any ordinance, arms, equipment, ammunition, clothing, subsistence
stores, money, or other property of the Philippines furnished or
intended for the military service thereof; or
"Who knowingly purchases or receives in pledge for any obligation or
indebtedness from any soldier, officer, or other person who is a part
of or employed in said forces or service, any ordinance, arms,
equipment, ammunition, clothing, subsistence stores, or other property
of the Philippines, such soldier, officer, or other person not having
lawful right to sell or pledge the same:
"Shall, on conviction thereof, be punished by fine or imprisonment, or
by such other punishment as a court-martial may adjudge, or by any or
all of said penalties. And if any person, being guilty of any of the
offenses aforesaid while in the service of the Armed Forces of the
Philippines or of the Philippine Constabulary receives his discharge or
is dismissed from the service, he shall continue to be liable to be
arrested and held for trial and sentence by a court-martial in the same
manner and to the same extent as if he had not received such discharge
nor been dismissed. And if any officer, being guilty, while in the
service of the Armed Forces of the Philippines or of the Philippine
Constabulary of embezzlement of ration savings, post exchange, company,
or other like funds, or of embezzlement of money or other property
intrusted to his charge by an enlisted man or men, receives his
discharge, or is dismissed, or is dropped from the rolls, he shall
continue to be liable to be arrested and held for trial and sentence by
a court-martial in the same manner and to the same extent as if he had
not been so discharged, dismissed, or dropped from the rolls."
Sec. 32. Article ninety-six of Commonwealth Act
Numbered Four hundred and eight is hereby amended to read as follows:
"Art. 96. Conduct Unbecoming an Officer and a
Gentleman. — Any officer, member of the Nurse Corps, cadet, flying
cadet, or probationary second lieutenant, who is convicted of conduct
unbecoming an officer and a gentleman shall be dismissed from the
service."
Sec. 33. Article one hundred five of Commonwealth
Act Numbered Four hundred and eight is hereby amended to read as
follows:
"Art. 105. Disciplinary Powers of Commanding
Officers. — Under such regulations as the President may prescribe, the
commanding officer of any detachment, company, squadron, commissioned
vessel, or higher command may, for minor offenses, impose disciplinary
punishments upon persons of his command without the intervention of a
court-martial, unless the accused demands trial by court-martial.
"The disciplinary punishments authorized by this article may include
admonition, reprimand, withholding of privileges for not exceeding one
week, extra fatigue for not exceeding one week, restriction to certain
specified limits for not exceeding one week, and hard labor without
confinement for not exceeding one week, but shall not include
forfeiture of pay or confinement under guard; except that in time of
war or grave public emergency a commanding officer of the grade of
brigadier general or of higher grade may, under the provisions of this
article, also impose upon an officer of his command below the grade of
a major a forfeiture of not more than one-half of such officer's
monthly pay for one month. A person punished under authority of this
article, who deems 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 commanding officer who imposes the punishment,
his successor in command and superior authority, shall have the power
to mitigate or remit any unexecuted portion of the punishment. The
imposition and enforcement of disciplinary punishment under authority
of this article for any act or omission shall not be a bar to trial by
court-martial for a crime or offensive growing out of the same act or
omission; 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 measures of punishment to be adjudged in
the event of a finding of guilty."
Sec. 34. Article one hundred and seven of
Commonwealth Act Numbered Four hundred and eight is hereby amended to
read as follows:
"Art. 107. Arrest of Deserters by Civil Officials. —
It shall be lawful for any civil officer having authority under the
laws of the Philippines to arrest offenders, summarily to arrest a
deserter and deliver him into custody of the authorities concerned."
Sec. 35. Article one hundred and eight of
Commonwealth Act Numbered Four hundred and eight is hereby amended to
read as follows:
"Art. 108. Soldiers to Make Good Time Lost. — Every
soldier or trainee who in an existing or subsequent enlistment or
training period deserts the service of the Armed Forces of the
Philippines or the Philippine Constabulary or without proper authority
absents himself from his organization, station, or duty for more than
one day or who is confined for more than one day under sentence, or
while awaiting trial and disposition of his case, if the trial results
in conviction, or through the intemperate use of drugs or alcoholic
liquor, or through disease or injury the result of his own misconduct,
renders himself unable for more than one day to perform duty, shall be
liable to serve, after his return to a full-duty status, for such
period as shall, with the time he may have served prior to such
desertion, unauthorized absence, confinement or inability to perform
duty, amount to the full term of that part of his enlistment or
training period which he is required to serve with his organization
before being furloughed to the Army reserve."
Sec. 36. Article one hundred and nine of
Commonwealth Act Numbered Four hundred and eight is hereby amended to
read as follows:
"Art. 109. Soldiers — Separation from the Service. —
No enlisted man, in the military service of the Philippines or in the
Philippine Constabulary shall be discharged from said service without a
certificate of discharge, signed by a field officer of the regiment or
other organization to which the enlisted man belongs or by the
commanding officer when no such field officer is present, and no
enlisted man shall be discharged from said service before his term of
service has expired, except by order of the President, the Chief of
Staff, the Chief of Constabulary or by sentence of a general
court-martial."
Sec. 37. Article one hundred and ten of
Commonwealth Act Numbered Four hundred and eight is hereby amended to
read as follows:
"Art. 110. Oath of Enlistment. — At the time of his
enlistment every soldier shall take the following oath or affirmation:
"I, ____________ ____________________, do solemnly swear (or affirm)
that I will bear true faith and allegiance to the Republic of the
Philippines, that I will serve it honestly and faithfully against all
its enemies whomsoever; that I will support and defend the Constitution
of the Philippines; that I will obey the orders of the President of the
Philippines and the orders of the officers appointed over me, according
to the rules and articles of war; and that I impose this obligation
upon myself voluntarily, without mental reservation or purpose of
evasion. So help me God." This oath or affirmation may be taken before
any officer."
Sec. 38. Commonwealth Act Numbered Four hundred
and eight is hereby amended by inserting after article one hundred and
thirteen a new article to be known as article one hundred and
thirteen-A, which shall read as follows:
"Art. 133-A. Effects of deceased persons: disposition
of . — In case of the death of any person subject to military law the
commanding officer of the place or command will permit the legal
representative or widow of the deceased, if present, to take possession
of all his effects then in camp or quarters; and if no legal
representative or widow be present, the commanding officer shall direct
a summary court officer to secure all such effects, and said officer
shall have authority to collect and receive any debts due decedent's
estate by local debtors and to pay the undisputed local creditors of
decedent in so far as any money belonging to the deceased which may
come into said summary court officer's possession under this Article
will permit, taking receipts therefor for file with said officer's
final report of his transactions to the Chief of Staff of the Armed
Forces of the Philippines or the Chief of Constabulary: Provided, That
wills or other papers involving property rights shall be promptly
transmitted to the Judge Advocate General, Armed Forces of the
Philippines, who shall commence appropriate proceedings with regards
thereto in the Court of First Instance of the province where the
deceased died. As soon as practicable after the collection of such
effects and the deceased left no will, said summary court officer shall
transmit such effects and any money collected, through the
Quartermaster Service, at government expense, to the widow or legal
representative of the deceased, if such be found by said officer, or to
the son, daughter, father, provided the father has not abandoned to
support of his family, mother, brother, sister, or the next of kin in
the order named, if such be found by said officer. Said officer shall
thereupon make to the Chief of Staff or the Chief of Constabulary a
full report of his transactions; but if there be none of the persons
hereinabove named, or such persons or their addresses are not known to
or readily ascertainable, said officer shall transmit within twenty
days to the Chief of Quartermaster Service after the death of the
deceased, all effects of deceased including sabers, insignia,
decorations, medals, watches, trinkets, manuscripts, and other articles
valuable chiefly as keepsakes, together with an inventory of the
effects secured by said summary court officer and a full account of his
transactions, to the Chief of Staff or the Chief of Constabulary for
transmission to the Judge Advocate General for action as hereinbelow
authorized in the settlement of accounts of deceased officers and
enlisted men of the Armed Forces of the Philippines or Philippine
Constabulary, subject to the provisions of the Rules of Court and the
civil law, in so far as they do not conflict with these provisions.
"The Judge Advocate General of the Armed Forces of the Philippines is
hereby empowered to administer the disposition of the effects of
persons who, at the time of their death, are subject to military law.
If the heirs or legal representatives of the deceased person could not
be ascertained, the remaining effects shall be retained in the
Quartermaster Service until two years shall have expired from the death
of the person on whose behalf they were received for the purpose of
delivering them to the widow or her legal representative, or the heirs
of the deceased in the order of intestate succession established by the
Civil Code unless the deceased left a will in which case the remaining
effects shall be distributed in accordance therewith after its probate.
After the expiration of two years from the death of said deceased, and
upon notification by the Judge Advocate General, the Chief of
Quartermaster Service shall sell at public sale or in any manner deemed
most advantageous, all or any of such effects to which a right thereto
shall not have been established on behalf of said deceased, his heirs,
or legal representative provided, that decorations, medals and
citations shall not be sold but shall be disposed of in such manner as
in the interest of the public it deems most fitting, helpful, and
appropriate, either by permanent retention thereof, distribution to
museums or other government institutions, or their destruction, if in
the opinion of the Chief of Staff or the Chief of Constabulary.
"The net proceeds from the sale shall be deposited with the National
Treasury for the account of the Armed Forces of the Philippines or of
the Philippine Constabulary depending on which organization the
deceased belonged, and shall be withdrawn only by authority of the
Judge Advocate General who is hereby authorized to disburse and pay
from said fund all such claims which may be established to his
satisfaction under existing law; provided that any claim not filed with
the Judge Advocate General within five (5) years from the death of such
deceased, shall forever be barred. All proceeds remaining after the
payment of such claims as herein provided shall form part of the
general fund of the Armed Forces of the Philippines or of the
Philippine Constabulary and may be expended at the discretion of the
Chief of Staff or the Chief of Constabulary for such purpose which is
deemed best for the general benefit of the organization to which the
deceased belonged."
Sec. 39. Article one hundred and twenty of
Commonwealth Act Numbered Four hundred and eight is hereby amended to
read as follows:
"Art. 120. Complaints of Wrongs. — Any member of the
Armed Forces of the Philippines or Philippine Constabulary who believes
himself wronged by his commanding officer, and, upon due application to
such commander, is refused redress, may complain to the area or zone
commander or the next superior officer in the area or zone where the
officer against whom the complaint is made is stationed. The area or
zone commander or next superior officer shall examine into said
complaint and take proper measures for redressing the wrong complained
of; and he shall, as soon as possible, transmit to Headquarters, Armed
Forces of the Philippines, a true statement of said complaint, with the
proceedings had thereon."
Sec. 40. This Act shall take effect upon its
approval.
Approved: June 12, 1948
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