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itary Code Persons Subject to Military Law Classification of Courts-Martial and its General Application Composition of Different Types of Courts-Martial
Objective
History/Rationale
MILITARY LAW
Courts-Martial
and legionary tribunes, either as sole judges or with the assistance of councils
conducted by the Counts assisted by Assemblages of freemen and in time of war by the Duke or Military Chief, who usually delegates his jurisdiction to the priest who accompanied the army.
jurisdiction of Mayor of the Palace, the Grand Seneschal (officer in the household of medieval prince), the Constable and Provost Marshall. Anglo- Norman system of administration of justice was adopted.
* In PHILIPPINES,
Courts-martial were established by the Revolutionary Army of 1896 to enforce discipline. This system was adopted from the Spanish court-martial system, which was of European origin.
Military Laws
* British Military Code - military law existed in actual war during early periods;
- Articles of War in the form of Military Orders or Directions were issued to the army during war or during an expedition;
- Military law in time of peace existed thru the passing of the First Mutiny Act of 1689; - First Mutiny Act had a peculiar trait in that its operation was limited to a term of about seven months. It was then renewed and the renewal became annual obligation for the British Parliament; - These annual enactment, later became so enlarged as to embrace about one hundred sections in 1878; - The Act together with the Articles of War formed the body of the British Military Code.
Military Laws
* American Military Code - Provisional Congress of Massachusetts Bay adopted its
Articles of War on April 5, 1775 then similar articles were adopted by the Provincial Assemblies of Connecticut and Rhode Island and Congress of New Hampshire;
- Second Continental Congress in its session on June 14,1775 resolved that a military force be raised to Boston. Congress then appointed a committee to prepare rules and regulations for the government of the army. On June 30, 1775, the first American Articles of War-Code of 1775- was enacted; - On Sept 20, 1776, the Code of 1776 was enacted which superseded the Articles of 1775. It was modified to adopt the new form of government under the New Constitution designated as the Code of 1806;
Military Laws
* American Military Code
Military Laws
* Philippine Military Code
the National Assembly of the Philippines, approved on Sept 14, 1938, consists of one hundred and twenty (120) articles and is the counterpart of American Code of 1928;
- Executive Order No 178, to implement the Commonwealth Act No 408 was promulgated on Dec 17, 1938, it prescribes the rules of procedures including modes of proof in cases before the courts-martial, courts of inquiry, military commissions, and other military tribunals in the Army of the Philippines ;
- At present, the Commonwealth Act No 408 as recently amended by RA No 242 and further amended by RA No 516, is still the organic law of the Armed Forces of the Philippines.
* * * * *
Offenses committed prior to entry into service Separation from service Expiration of term of service Officer dropped from rolls Dishonorable discharge does not relate to any particular contract * Dishonorably discharged general prisoner still in confinement amenable to trial by Court-Martial * Retention in the Service of Reserve Officers for purpose of Court-Martial * Military prisoner under cumulative sentences
II. Special Courts-Martial III. Summary Courts Martial Court-Martial an instrumentality of the Executive Power Court-Martial a court of law Court-Martial strictly a criminal court
* shall not have the power to adjudge confinement in excess of 1 mo, restriction to limits for more than 3 months or forfeiture or detention of more than 2/3 of one months pay. Provided, that a punishment and in imposing a sentence of confinement may include in the sentence solitary confinement not exceeding 15 days, or solitary confinement on diminished rations not exceeding 15 days.
* appointed by the Commanding Officer of the Major Command, task force, military area, or division and when empowered by the President, the Commanding Officer of a garrison, fort, camp, brigade, regiment, detached battalion or squadron, or other detached command, or place, zone or commissioned vessel where troops are on duty;
* any authority who can appoint GCM can also appoint a SCM.
Introduction History/Rationale for Military Law Military Laws: British Military Code American Military Code Philippine Military Code Persons Subject to Military Law Classification of Courts-Martial and its General Application Composition of Different Types of Courts-Martial