Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
When and by whom ordered.
ART. 98. When and by whom ordered.—A court of inquiry to examine into the nature of any transaction of or ° accusation or imputation against any officer or soldier may be ordered by the President, the Chief of Staff or by any commanding officer; but a court of inquiry shall not be ordered by any commanding officer except upon the request of the officer or soldier whose conduct is to be inquired into.
Composition.
ART. 99. Composition.—A court of inquiry shall consist -of three or more officers. For each court of inquiry the authority appointing the court shall appoint a recorder.
Challenges.
ART. 100. Challenges.—Members of a court of inquiry -may be challenged by the party whose conduct is to be inquired into, but only for cause stated to the court. The court shall determine the relevancy and validity of any challenge, and shall not receive a challenge to more than one member at a time. The party whose conduct is being inquired into shall have the right to be represented before the court by counsel of his own selection, if such counsel be reasonably available.
Oath of members of recorders.
ART. 101. Oath of members of recorders.—The recorder of a court of inquiry shall administer to the members the following oath: "You, A. B., do swear (or affirm) that you will well and truly examine and inquire, according to the evidence, into the matter now before you without partiality, favor, affection, prejudice, or hope of reward. So help you God." After which the president of the court shall administer to the recorder the following oath: "You, A. B., do swear (or affirm) that you will according to your best abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God." In case of affirmation the closing sentence of adjuration will be omitted.
Powers; procedure.
ART. 102. Powers; procedure.—A court of inquiry and the recorder thereof shall have the same power to summon and examine witnesses as is given to courts-martial and the trial judge advocate thereof. Such witnesses shall take the same oath or affirmation that is taken by witnesses before courts-martial. A reporter or an interpreter for a court of inquiry shall, before entering upon his duties, take the oath or affirmation required of a reporter or an interpreter for a court-martial. The party whose conduct is being inquired into or his counsel, if any, shall be permitted to examine and cross-examine witnesses so as fully to investigate the circumstances in question.
Opinion of merits of case.
ART. 103. Opinion of merits of case.—A court of inquiry shall not give an opinion on the merits of the case inquired into unless specially ordered to do so.
Record of proceedings —How authenticated.
ART. 104. Record of proceedings —How authenticated.— Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signature of the President and the recorder thereof, and be forwarded to the convening authority. In case the record cannot be authenticated by the recorder, by reason of his death, disability, or absence, it shall be signed by the President and by one other member of the 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).