As to time.
Article 38
ART. 38. As to time.—Except for desertion or murder committed in time of war, or for mutiny, 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: Provide, That for 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 pi 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 exclude in computing the aforesaid periods of limitation: 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.