CHAPTER 2

MILITARY JUSTICE

INTRODUCTION

The military justice system was meant to enable commanders to disposed personnel problems in
their units in the most expeditious manner. Speedy disposition of cases preserves discipline, promotes
justice and enhances the attainment of the Commander’s mission.
In concept, the military justice system is designed to enforce discipline and administer justice in the
military service, and it is composed of four (4) components:

1. Investigation - is the process of looking into the circumstances of a case for the purpose of
verifying and establishing the facts.
2. Prosecution - the accusation of a crime before a legal tribunal.
3. Trial or adjudication - a legal action before a judge and jury.
4. Judgment or decision - punishment given to the accused who committed such crime.

These same components permeate (fill) two distinct division of the system, namely:

1. Administrative cases - are those that result in decisions not involving penal sanctions and may
take such mild disciplinary or instructive forms as admonition, reprimand and the like.
2. Punitive cases - are those that result in judgments of fine, hard labor, deprivation of
liberty or combination of these whenever guilt of those involved are proven.

SOURCES OF MILITARY LAW

Rules governing the conduct of military personnel and providing for a method by which persons be
punished are contained in the Articles of War.

MILITARY JURISDICTION

Military jurisdiction emanates from several sources, among which are the constitution of the
Philippines and International Law. Military jurisdiction are carried out by the following agencies:

1. Court-Martial - General, Special and Summary

2. Commanding Officers in exercising their disciplinary powers under AW 105.
3. Court of Inquiry
4. Military Tribunals or Commission

As a general rule, courts-martial have the exclusive jurisdiction over-all persons subject to military law
who commit an offense penalized by the punitive articles of war. To be more specific, the term “persons
subject to military law” refers to the following:

PERSON SUBJECT TI MILITARY LAW

1. All officers and enlisted personnel in the regular force of the AFP.
2. All reservists from the date of their call to active duty and while on such active duty.
3. All cadets of the PMA and PAF Flying School, and Probationary Lieutenants on actual training.
4. All trainees undergoing military instructions.
5. Retainers to camp and all persons accompanying or serving with the AFP in the field
in time of war or when martial law is declared.
6. All persons under sentence adjudged by a court-martial or military tribunal.

PUNITIVE ARTICLES OF WAR

Articles of war were promulgated effective September 14, 1938 when the unicameral Philippine
National Assembly enacted Commonwealth Act No. 408 which became the basic law that gave the guidance
and operations of the country’s Armed Forces, there are 120 Articles, most of which are lifted from US

Uniform Code of Military Justice.

Article 54 - Fraudulent Enlistment Article 73 - Report of Prisoners Received
Article 55 - Officer Making Unlawful Enlistment Article 74 - Releasing Prisoner Without Proper Authority
Article 56 - False Muster Article 75 - Delivery of Offenders to Civil Authorities
Article 57 - False Returns or Omission to Article 76 - Misbehavior Before the Enemy
Render Returns
Article 58 - Acts to Constitute Desertion Article 77 - Subordinate Compelling Commander to
Surrender
Article 59 - Punishment for Desertion . Article 78 - Improper Use of Countersign
Article 60 - Advising or Aiding Another to Desert Article 79 - Forcing A Safeguard
Article 61 - Entertaining a Deserter Article 80 - Captured Property to be Secured for Public
Service
Article 62 - Absence Without Leave Article 81 - Dealing in Captured or Abandoned Property
Article 63 - Disrespect Toward the President, Article 82 - Relieving, Corresponding with or Aiding the
Vice President, Prime Minister, Chairman of the Enemy
National Assembly or Minister of National Defense
Article 64 - Disrespect Toward Superior Officer Article 83 - Spies
Article 65 - Assaulting or Willfully Disobeying Article 84 - Military Property, Willful or Negligent Loss
Superior Officer
Article 66 - Insubordinate Conduct Toward Non- Article 85 - Waste or Unlawful Disposition of Military
Commissioned Officer Property Issued to Soldiers
Article 67 - Mutiny or Sedition Article 86 - Drunk on Duty
Article 68 - Failure to Suppress Mutiny or Article 87 - Misbehavior of Sentinel
Sedition
Article 69 - Quarrels, Frays and Disorders Article 88 - Personal Interest in Sale of Provisions
Article 70 - Arrest or Confinement Article 88A - Unlawfully Influencing Action of Court
Article 71 - Charges, Action Upon Article 89 - Intimidating of Persons Bringing Provisions
Article 72 - Refusal or Receive and Keep Article 90 - Good Order to be Maintained and Wrong
Prisoners Redressed

COURT MARTIAL

Courts-martial and other military tribunals generally exist to assist commanders in the administration
of military justice. Specifically they are established to enforce discipline in the military establishment and to
serve as deterrents to military crimes and offense

TYPE OF COURT MARTIAL

A. General Court Martial

Consist of any number of members not less than five (5) and by whom may be appointed by the
following: the President, Chief of Staff of the AFP and when empowered by the President, the Commanding
Officers of major commands or task forces, division regional commands, the Superintendent of the
Philippine Military Academy, Commanding Officers of separate brigades or body of troops.

B. SPECIAL COURT MARTIAL

Consist of any number of members not less than three (3). The following may appoint special court
martial: Commanding Officers of major commands, task forces, regional commands or divisions and when
empowered by the President, Commanding Officer of a garrison, camp, brigade, regiment, detached
battalion or other detached command or commissioned vessel.

C. SUMMARY COURT MARTIAL

An entirely different case would be the trial by a summary court martial where its proceedings are
much faster than those of the other types of courts martial. Since it has at least one member who sits as
president, trial judge advocate (TJA), and defense council at the same time, and since its jurisdiction as to
person, offense, and punishment is limited, a summary court martial can dispose of a certain case in the
most expeditious manner.
MILITARY COMMISSION OR TRIBUNAL

The commission or tribunal play the same role as court-martial. During martial law, which was in
effect throughout the country from 1972 to 1981, these commissions or tribunals tried cases referred to them
in the same expeditious way. Even civilians who committed offenses not triable by courts martial fell under
the jurisdiction of these special bodies whose proceedings were in accordance with procedural law.

HUMAN RIGHTS

BASIC PRINCIPLES IN HUMAN RIGHTS

 Man has the basic rights to life, dignity and self-development.

 Society has the basic rights to survive, self-determination and right to develop as a society.
 The government is created by the society or by the people, for the people, and of the people.
 The Philippines ... adopts the generally accepted principles of international law as part of the law of
the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with
all nations.

PROVISIONS OF HUMAN RIGHTS UNDER ARTICLE III: BILL OF RIGHTS, CONSTITUTIONAL

GUARANTEES TO HUMAN RIGHTS

 Sec. 1 No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws
 Sec. 2 The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable
 Sec. 3 The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise as prescribed by law.
 Sec. 4 No law shall be passed abridging the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition the government for redress of
grievances.
 Sec. 5 No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination
or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or
political rights.
 Sec. 6 The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in
the interest of national security, public safety, or public health, as may be provided by law.
 Sec. 7 The right of the people to information on matters of public concern shall be recognized.
 Sec. 8 The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.
 Sec. 9 Private property shall not be taken for public use without just compensation.
 Sec. 10 No law impairing the obligation of contracts shall be passed.
 Sec. 12 (1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice.
 Sec. 13 All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sureties, or be released on
recognizance as maybe provided by law.
 Sec. 14 No person shall be held to answer for a criminal offense without due process of law.
 Sec. 15 The privilege of the writ of habeas corpus shall not be suspended except in case of invasion
or rebellion when the public safety requires it.
 Sec. 16 All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies
 Sec. 17 No person shall be compelled to be a witness against himself.
 Sec. 18 No person shall be detained solely by reason of his political beliefs and no involuntary
servitude in any form shall exist except as a punishment for a crime
 Sec. 19 Excessive fines shall not be imposed, nor cruel, degrading or in human punishment
inflicted. Neither shall death penalty be imposed
 Sec. 20 No person shall be imprisoned for debt or non-payment of a poll tax.
 Sec. 21 No person shall be twice put in jeopardy of punishment for the same offense.
 THREAT TO NATIONAL SECURITY

DEFINITION:

A. The word “threat” literally means the expression of an intention to inflict injury to another. Two
elements are interfered from this definition. The first is intention, either declared or indicated to
inflict injury. The second, is force or the means with which to carry the intention.
B. Threat to National Security is defined as an intention, declared or indicated to jeopardize, prejudice,
or in any way endanger by the use of force or any means the security of the state.
C. Classification of Threat to National Security – Threat to National Security can be classified in
accordance with-
D. The Source – Can either be internal or external. A threat generated from within the territorial limits of
the country is said to be an internal threat. A threat from outside the country is referred to as an
external threat.
E. The Form – Depending upon the type of force or means intended to be utilized, the threat to
National Security can be termed either as military or non-military. Military threat is the intention to
use military force to attain the objectives. Non-military threat is the use of all means other than
Military. This refers to acts, methods, forms and techniques designed to weaken or destroy the
military, political, economic and social structure of the nation.
F. The Existence – The threat to National Security can be either actual or potential. Potential threat
literally means existing in possibilities but not in actuality; becoming as distinguished from being
possible or in the making.

INTERNAL THREAT:

1. Local Communists:

Communist Party of the Philippines (CPP)

• The Peking-oriented element is designed to topple the duly established government and in turn
seize state power. Its objective is to overthrow the established government through violent means.
• New People’s Army (NPA) - is the “military arm of the Communist Party of the Philippines.
• The CPP/NPA/NDF remain to be the most serious threat to the security of the country as it
sustained its armed struggle to achieve its ultimate goal of toppling the government and supplant it
with a communist form of government.
• At the start, it has adopted the Maoist doctrine of encircling the cities from the countryside.
However, recent reports on strategies of the NPA activities indicate that the CPP/NPA is now
categorically guided in its action by universal theory of Marxism – Leninism. This is guerilla warfare
complimented by insurrectional type of operations in urban areas.

Secessionist Movement:

• This movement the Moro Islamic Liberation Front (MILF) is composed of people who takes part in
complete withdrawal from an association and/or federation especially from a political group.
• The ultimate purpose of this movement is to create an independent Bangsa Moro comprising the
whole or part of Mindanao, Palawan, Sulu, Basilan and Tawi-Tawi.

Ultra-Rightist Group:

• This group is composed of former military personnel, Marcos loyalist, former politicians, business
tycoons and other big wigs who are critical of the present set-up of government.

EXTERNAL THREAT

Superpower Build-up in the Indian Ocean:

• The proximity of the United States and Russian forces stationed in the area could trigger an armed
confrontation. This will have significant impact on Philippine security owing to our close military
relations with the United States.
 Maritime Claims/Disputes:

• The unresolved maritime disputes in the South China Sea continue to be a tension and conflict.
The more explosive of these are the Peoples Republic of China-Socialist Republic of Vietnam
dispute over the ownership of the Parcels and the Spratlys and their boundaries in the Gulf of
Tonkin, the Indonesia-Vietnamese continental shelf boundary claims in the Natun area and the
claims to Kalayaan being raised by China, Vietnam, Taiwan, Malaysia, Brunei and the Philippines.
The danger of armed clashes in the disputed territories remains with the military presence of
claimant countries. Further complicating the maritime issues is the recent adoption by all countries
in the region of the 12-mile seas and the 200-mile exclusive economic zone with no precise
definition on the limits of these zones.

Chinese Naval Presence in the South China Sea:

• The increasing presence and build up of Chinese Naval forces in the area as evidenced by their
continued naval patrol along South China Sea (West Philippine Sea) and their reported construction
of a logistic base at Spratly Island expose the country to Chinese political and intelligence
maneuverings.

THREAT TO NATIONAL SECURITY

As previously stated, a threat contains two elements; the intention, expressed or indicated
to inflict injury; and the force or the means to carry out the intention. When these two elements are
present, then we say that the threat exist and therefore, is actual.
Thus, an entity, or organization, association, etc., is said to pose an actual threat to our
National Security when it had the intention to utilize an existing force or means in a manner inimical
to the security of the state.
However, when only the intention exist without the force or the means necessary to carry
out the intention, or if the required force or means is either merely a possibility or in the process of
being, then we say that there is a potential threat.
The existence of a force or means alone, without the intention to utilize such force or means
against the security of the state does not necessarily constitute a threat.
There can be no intermediate degree between actual and potential threat. The
disintegration, whether in part or as a whole, of any of the elements involving the integrity and the
sovereignty of a state would rebound to a breach in the National Security. Hence, a threat aimed at
partial or total disintegration of the elements and prerogatives of a state can only be defined as to
actuality and potentiality.
Any attempt to strike a balance between actual and potential threat would be inappropriate
and indefinite. Such terms as “major” “minor”, and “limited” are relative and confusing.
They connote intensity of proportion and effect which define the degree of the actual as well
as the potential threat.
Threat to National Security, regarding or regardless of degree, either exist in actuality or
merely as potential.

ANTI & COUNTER TERRORISM

INTRODUCTION

The key to defeating terrorists is awareness, education and intelligence in order to deny, deters,
delay and detect terrorist acts. Rapid coordination between agencies, military units, local police and foreign
agencies concerned are essential in denying terrorist, targets and refuge.
Terrorism - is the unlawful use of force or violence against individuals or property to coerce or
intimidate governments or societies often to achieve political, religious or ideological objectives
Terrorist Incident - is a violent act dangerous to human life in violation of the criminal laws of the
Philippines to coerce or intimidate government or societies to achieve political, religious or ideological
objectives.
Terrorist - an individual who uses violence, terror and intimidation to achieve a result.
GOALS OF TERRORISM

Broad Goal – to project uncertainty and instability in economic, social and political arenas.

Specific Goals
 Short-term terrorist goals
1) Gaining recognition 8) Reducing the government economy
2) Reducing government credibility or 9) Influencing elections
showing government incompetence. 10) Demoralizing and discrediting the
3) Obtaining funds and equipment security force
4) Disrupting communications 12) Causing a government to overact
5) Demonstrating power 13) Elevate social anxiety
6) Delaying political process
7) Eliminating opposition leaders

 Long-term goals
1) Topple government
2) Influence top-level decisions
3) Gain legitimate recognition for their cause

TERRORIST ACTIVITIST

a. Bombings/Explosive f. Kidnapping
b. Arson g. Hostage-taking
c. Skyjacking/Hijacking h. Robbery and Extortion
d. Seajacking/Marjacking i. Assassination
e. Ambush j. International Narcotic Support
k. Thefts

TYPES OF TERRORISM ACCORDING TO LOCATION OF INCIDENT

• Domestic Terrorism – involves groups or individuals who are based and operate within the territorial
jurisdiction of the Philippine Island and are directed at elements of our government or population.
• International Terrorism – involves groups or individuals who are foreign based or directed by
countries or groups outside the Philippine territory or whose activities transcend national
boundaries.

TERRORIST’S TARGETS

Non-combatant target
1) Persons
 diplomat as symbol of government
 business executive as symbol of economic imperialism
 foreign/political leaders innocent civilian
Facilities
 communication facilities/installation
 power plants/lines

PROCESSING THE INCIDENT SCENE

In evidence from an incident scene, the agent enlists the services of technicians. These laboratory
experts are called upon to make microscopic examinations, and chemical analysis of blood and body fluids,
fingerprints, documents, etc.

STRATEGY TO COMBAT TERRORISM

1. Prediction

 Combating terrorism requires intensive knowledge of the goals, intentions and capabilities of the
terrorists.
 Active Intelligence program exploiting military, civilian and foreign information.
 Inter-agencies' coordination and corporation
 Information of terrorists
 • Organizational structure, size, composition
• Identify and locations of terrorists
• Modus Operandi
• International and national support sources and personalities
• Motivations
• Logistics
• Training and Tactics
• Intel capabilities
• Probable targets

2. Prevention
 Physical Security –
 preventing unauthorized access to equipment facilities, materials and documents in offices,
quarters and installations.
 regular conduct of physical survey

 Personnel Security
 measures taken to reduce the vulnerability of an individual for attack
 Awareness and strict compliance of SOPs is going to high-risk places alone.
 Proper education and training of personnel regarding terrorist counteractions to encourage
vigilance and enhance further studies for more effective counteractions.
 Total public cooperation – immediate reporting of sighting of suspicious persons and activities.

3. Deterrence
 Strict and hard line policies/laws against terrorism
 Sanctions to be imposed to states sponsoring terrorism
 Quick and effective tracking worldwide of terrorists through good inter-agencies cooperation and
coordination
 Non-acceptance of terrorism as an act to achieve a certain goal
 Media as a responsible tool to disseminate exact, complete and correct info to avoid panic to the
public or else a very effective tool of terrorist to convey their cause
 Threat of a Counterforce – presence of a greater Counterforce.

END OF TOPIC