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Fraudulent enlistment.
ART. 54. Fraudulent enlistment.—Any person who shall -procure himself to be enlisted in the military service of the Philippines 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.
ART. 55. Officer making unlawful enlistment;—-Any officer -who knowingly enlists or musters into the military service if 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.
False muster.
ART. 56. False muster.—Any officer who knowingly makes a false muster of a man or animal, or who signs or directs or allows the signing of any muster roll knowing the same to contain a false muster or false statement as to the absence or pay of an officer or soldier, or who wrongfully takes money or other consideration on mustering in a regiment, company, or other organization, or on signing muster rolls, or who knowingly musters as an officer or soldier a person who is not such officer or soldier, shall be dismissed from the service and suffer such other punishment as a court-martial may direct.
ART. 57. False returns—Omission to render returns.__Every officer whose duty it is to render to Army Headquarters 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 knowing makes a false return thereof shall be dismissed from the service and suffer such other punishment as a court-martial may direct. And any officer who, through neglect or design, omits to render such return shall be punished as- a court-martial may direct. B. DESERTION; ABSENCE WITHOUT LEAVE
Certain acts to constitute desertion.
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 Army of the Philippines, or in the Army or Navy of the United States, or in any foreign Army, shall be deemed to have deserted the service of the Philippines and where the enlistment is in the Army of the Philippines 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.
ART. 59. Desertion. Any person subject to military law who deserts or attempts to desert the service of the Philippine Army 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.
Advising or aiding another to desert.
ART. 60. Advising or aiding another to desert.—Any person subject to military law who advises or persuades or knowingly assists another to desert the service of the Philippine Army shall, if the offense be committed in the 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.
Entertaining a deserter.
ART. 61. Entertaining a deserter.—Any officer who, after having discovered that a soldier in his command is a deserter from the military service retains such deserter in his command without informing superior authority or the commander of the organization to which the deserter belongs, shall be punished as a court-martial may direct.
Absence without leave.
ART. 62. Absence without leave.—Any person subject to military law who fails to repair at the fixed time to the properly appointed place of duty, or goes from the same without proper leave, or absents himself from his command, guard, quarters, station, or camp without proper leave, shall be punished as a court-martial may direct. C. DISRESPECT; INSUBORDINATION; MUTINY
Disrespect toward the President,Vice-President, National Assembly.
ART. 63. Disrespect toward the President,Vice-President, National Assembly.—Any officer who/uses contemptuous or i disrespectful words against the president, Vice-President' or the National Assembly, 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 m£y direct.
Disrespect toward superior officer.
ART. 64. Disrespect toward superior officer.—Any person subject to military law who behaves himself with disrespect toward his superior officer shall be punished as a court-martial may direct.
Assaulting or willfully disobeying superior officer.
ART. 65. Assaulting or willfully disobeying superior officer.—Any person subject to military law who, on any pretense whatsoever, strikes his superior officer or draws or lifts up any weapon or offers any violence against him being in the execution of his office, or willfully disobeys any lawful command of his superior officer, shall suffer death or such other punishment as a court-martial may direct.
Insubordinate conduct toward non-commissioned officer.
ART. 66. Insubordinate conduct toward non-commissioned officer.—Any soldier who strikes or assaults, or who attempts or threatens to strike or assault or willfully disobeys the lawful order of a non-commissioned officer while in the execution of his office, or uses threatening or insulting language, or behaves in an insubordinate or disrespectful manner toward a non-commissioned officer while in the execution of his office, shall be punished as a court-martial may direct.
Mutiny or sedition.
ART. 67. Mutiny or sedition.—Any person subject to military law who attempts to create or who begins, excites, causes, or joins in any mutiny or sedition in any company, party, post, camp, detachment, guard, or other command shall suffer death or such other punishment as a court-martial may direct.
Failure to suppress mutiny or sedition.
ART. 68. Failure to suppress mutiny or sedition.—Any officer or soldier, who being present at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or, knowing or having reason to believe that a mutiny or sedition is to take place, does not without delay give information thereof to his commanding officer shall suffer death or such other punishment as a court-martial may direct.
Quarrels; frays; disorders.
ART. 69. Quarrels; frays; disorders.—All officers, members of the Nurse Corps and non-commissioned officers have ' power to part and quell all quarrels, frays, and disorders among persons subject to military law and to order officers who take part in the same into arrest, and other persons subject to military law who take part in the same into arrest or confinement, as circumstances may require, until their proper superior officer is acquainted therewith. And whosoever, being so ordered, refuses to obey such officer, member of the Nurse Corps or non-commissioned officer, or draws a weapon upon or otherwise threatens or does violence to him, shall be punished as a court-martial may direct. D. ARREST; CONFINEMENT
Arrest or confinement.
ART. 70. Arrest or confinement.—Any person subject to military law charged with crime or with a serious offense under these articles shall be placed in confinement or in arrest, as circumstances may require; but when charged with a minor offense only, such person shall not ordinarily be placed in confinement. Any person placed in arrest under the provisions of this article shall thereby be restricted to his barracks, quarters, or tent, unless such limits shall be enlarged by proper authority. Any officer or cadet who breaks his arrest or who escapes from confinement, whether before or after trial or sentence and before he is set at liberty by proper authority, shall be dismissed from the service or suffer such other punishment as a court-martial may direct, and any other person subject to military law who escapes from confinement or who breaks his arrest, whether before or after trial or sentence and before he is set at liberty by proper authority, shall be punished as a court-martial may direct.
Charges: action upon.
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 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 of 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 field 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 herein before 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.
Refusal to receive and keep prisoners.
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 Philippine Army 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.
Report of prisoners received.
ART. 73. Report of prisoners received.—Every commander of a guard to whose charge a prisoner is committed ' shall, within twenty-four hours after such confinement, or as soon as he is relieved from his guard, report in writing to the commanding officer the name of such prisoner, the offense charged against him, and the name of the officer committing him; and if he fails to make such report, he shall be punished as a court-martial may direct.
Releasing prisoner without proper authority.
ART. 74. Releasing prisoner without proper authority.— Any person subject to military law, who, without proper authority, releases any prisoner duly committed to his charge, or who through neglect or design suffers any prisoner so committed to escape, shall be punished as a court-martial may direct.
Delivery of offenders to civil authorities.
ART. 75. Delivery of offenders to civil authorities.—When any person subject to military law, except one who is held 1 by the military authorities to answer, or who is awaiting trial or result of trial, or who is undergoing sentence for a crime or offense punishable under these articles, is accused of a crime or offense committed and punishable by law or by ordinance the commanding officer is required, except in time of war, upon application duly made, to use his utmost endeavor to deliver over such accused person to the civil authorities, or to aid the officers of justice in apprehending and securing him, in order that he may be brought to trial. Any commanding officer who upon such application refuses or willfully neglects, except in time of war, to deliver over such accused person to the civil authorities or to aid officer of justice in apprehending and securing him shall be dismissed from the service or suffer such other punishment as a court-martial may direct. When, under the provisions of this article, delivery is made to the civil authorities of an offender undergoing sentence of a court-martial, such delivery, if followed by conviction, shall be held to interrupt the execution of the sentence of the court-martial, and the offender shall be returned to military custody, after having answered to the civil authorities for his offense, for the completion of the said court-martial sentence. E. WAR OFFENSES
Misbehaviour before the enemy.
ART. 76. Misbehaviour before the enemy.—Any officer or soldier who, before the enemy, misbehaves himself, rune away, or shamefully abandons or delivers up or by any misconduct, disobedience, or neglect endangers the safety of any fort, post, camp, guard, or other command which it is his duty to defend, or speaks words inducing others to do the like, or casts away his arms or ammunition, or quits his post or colors to plunder or pillage, or by any means whatsoever occasions false alarms in camp, garrison, or quarters, shall suffer death or such other punishment as a court-martial may direct.
Subordinates compelling commander to surrender.
ART. 77. Subordinates compelling commander to surrender.—Any person subject to military law who compels or attempts to compel any commander of any garrison, fort, post, camp, guard, or other command, to give it up to the enemy or to abandon it shall be punishable with death or such other punishment as a court-martial may direct.
ART. 78. Improper use of countersign— Any person subject to military law who makes known the parole or countersign to any person not entitled to receive it according to the rules and discipline of war, or gives a parole or countersign different from that which he received, shall, if the offense be committed in time of war, or serious disturbance of the peace, suffer death or such other punishment as a court-martial may direct.
Forcing a safeguard.
ART. 79. Forcing a safeguard.—Any person subject to the military law who, in time of war, or serious disturbance of the peace, forces a safeguard shall suffer death or such other punishment as a court-martial may direct.
Captured property to be secured for public service.
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 Commonwealth 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.
Dealing in captured or abandoned property.
ART. 81. Dealing in captured or abandoned property.— Any person subject to military law who buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he shall receive or expect any profit, benefit, or advantage to himself or to any other person directly or indirectly connected with himself or who fails whenever such property comes into his possession or custody or within his control to give notice thereof to the proper authority and to turn over such property to the proper authority without delay, shall, on conviction thereof, be punished by fine or imprisonment, or by such other punishment as a court-martial, military commission, or other military tribunal may adjudge, or by any or all of said penalties.
Relieving, corresponding with, or aiding the enemy.
ART. 82. Relieving, corresponding with, or aiding the enemy.—Whosoever relieves or attempts to relieve the enemy with arms, ammunition, supplies, money, or other things, or knowingly harbors or protects or holds correspondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death or such other punishment as a court-martial or military commission may direct.
Spies.
ART. 83. Spies.—Any person who in time of war shall be found lurking or acting as a spy in or about an of the fortifications, posts, quarters, or encampment of the Army 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. P. MISCELLANEOUS CRIMES AND OFFENSES
Military property—Willful or negligent loss, damage or wrongful disposition.
ART. 84. Military property—Willful or negligent loss, damage or wrongful disposition.—Any person subject to military law who willfully, or through neglect, suffers to be lost, spoiled, damaged, or wrongfully disposed of, any military property belonging to the Philippines shall make good the loss or damage and suffer such punishment as a court-martial may direct.
Waste or unlawful disposition of military property issued to soldiers.
ART. 85. Waste or unlawful disposition of military property issued to soldiers.—Any soldier who sells or wrongfully disposes of or willfully or through neglect injures or loses any horse, arms, ammunition, accouterments, equipment, clothing, or other property issued for use in the military service, shall be punished as a court-martial may direct.
Drunk on duty.
ART. 86. Drunk on duty.—Any officer who is found drunk on duty shall, if the offense be committed in time of war, be dismissed from the service and suffer such other punishment as a court-martial may direct; and if the offense be committed in time of peace, he shall be punished as a court-martial may direct. Any person subject to military law, except an officer who is found drunk on duty, shall be punished as a court-martial may direct.
Misbeliaviour of sentinel.
ART. 87. Misbeliaviour of sentinel.—Any sentinel who is found drunk or sleeping upon his post, or who leaves it before he is regularly relieved, 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 in time of peace, he shall suffer any punishment, except death, that a court-martial may direct.
Personal interest in sale of provisions.
ART. 88. Personal interest in sale of provisions.—Any officer commanding in any garrison, fort, barracks, camp, or other place where troops of the Philippines may be serving who, for his private advantage, lays any duty or imposition upon or is interested, directly or indirectly, in the sale of any victuals or other necessaries of life brought into such garrison, fort, barracks, camp, or other place for the use of troops, shall be dismissed from the service and suffer such other punishment as a court-martial may direct.
Intimidation of persons bringing provisions.
ART. 89. Intimidation of persons bringing provisions.— Any person subject to military law who abuses, intimidates, does violence to, or wrongfully interferes with any person bringing provisions, supplies, or other necessaries to the camp, garrison, or quarters of the forces of the Philippines shall suffer such punishment as a court-martial may direct.
Good order to be maintained and wrongs redressed.
ART. 90. Good order to be maintained and wrongs redressed.—All persons subject to military law are to behave themselves orderly in quarters, garrison, camp and on the march; and any person subject to military law who commits any waste or spoiling, or willfully destroys any property whatsoever (unless by order of his commanding officer) , or commits any kind of depredation or riot, shall be punished as a court-martial may direct. Any commanding officer who, upon complaint made to him, refuses or omits to see reparation made to the party injured, in so far as the offender's pay shall go toward such reparation as provided for in article 106, shall be dismissed from the .service, or otherwise punished as a court-martial may direct. es ART. 91. Provoking speeches or gestures.—No person subject to military law shall use any reproachful or provoking speeches or gestures to another and any person subject to military law who offends against the provisions of this article shall be punished as a court-martial may direct.
Dueling.
ART. 92. Dueling.—Any person subject to military law who fights or promotes or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall, if an officer, be dismissed from the service or suffer such other punishment as a court-martial may direct; and if any other person subject to military law, shall suffer such punishment as a court-martial may direct.
Murder.
ART. 93. Murder.—Any person subject to military law who commits murder in time of war shall suffer death or imprisonment for life, as a court-martial may direct.
Various crimes.
ART. 94. Various crimes.—Any person subject to military law who commits any 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, on a Philippine Army reservation, shall be punished as a court-martial may direct; Provided, That officers and enlisted men of the Philippine Constabulary shall not be triable by courts-martial for any crime, breach of law or violation of municipal ordinance committed under this article. In imposing the penalties for offenses falling within this article, the penalties for such offenses provided in the penal laws of the Philippines or in such municipal ordinances shall be taken into consideration.
Frauds against the Government affecting matters and equipments.
ART. 95. Frauds against the Government affecting matters and equipments.—Any person subject to military law who, having charge, possession, custody, or control of any money or other property of the Commonwealth 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 Commonwealth 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 willfully misappropriates, applies to his own use or benefit, or wrongfully or knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing, subsistence stores, money, or , other property of the Commonwealth 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 ordnance, arms, equipment, ammunition, clothing subsistence stores, or other property of the Commonwealth 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 military service of the Philippines, received 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 military service of the Philippines 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.
Conduct unbecoming an officer and gentleman.
ART. 96. Conduct unbecoming an officer and gentleman.— _ Any officer, member of the Nurse Corps, cadet, flying cadet, or probationary third lieutenant, who is convicted of conduct unbecoming an officer and a gentleman shall be dismissed from the service.
General article.
ART. 97. General article.—Though not mentioned in these . articles, all disorders and neglects to the prejudice of good order and military discipline and all conduct of a nature to bring discredit upon the military service shall be taken cognizance of by a general or special or summary court-martial according to the nature and degree of the offense, and punished at the discretion of such court.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).