Place of confinement —When lawful.
Article 41
ART. 41. Place of confinement —When lawful.—Except for desertion in time of war, repeated desertion in time of peace, and mutiny, no person shall, under the sentence of a court-martial, be punished by confinement in a penitentiary unless an act or omission of which he is convicted is recognized as an offense of a civil nature and so punishable by penitentiary confinement for more than one year by some statute of the Philippines, or by way of commutation of a death sentence, and unless, also the period of confinement authorized and adjudged by such court-martial is more than one year: Provided, That when a sentence of confinement is adjudged by a court-martial upon conviction of two or more acts or omissions, any one of which is punishable under these articles by confinement in a penitentiary, the entire sentence of confinement may be executed in a penitentiary: Provided further, That penitentiary confinement hereby authorized may be served in any penitentiary under the jurisdiction of the Philippines: Provided, further, That persons sentenced to dishonorable discharge and to confinement, not in a penitentiary shall be confined in disciplinary barracks or elsewhere as the President or the reviewing authority may direct, but not in a penitentiary.