Primer Provo

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A PRIMER ON THE DISCIPLINARY POWERS OF COMMANDING OFFICERS UNDER ARTICLE OF WAR 105 OFFICE OF THE AIR FORCE PROVOST MARSHAL Colonel Jesus Villamor Air Base Pasay City

Transcript of Primer Provo

Page 1: Primer Provo

A PRIMER ON THE

DISCIPLINARY POWERS OF COMMANDING OFFICERS

UNDER ARTICLE OF WAR 105

OFFICE OF THE AIR FORCE PROVOST MARSHAL Colonel Jesus Villamor Air Base

Pasay City

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FOREWORD

“You shall do no injustice in court. You shall not be partial to the poor or defer to the great, but in righteousness shall you judge your neighbor.” Leviticus 19:15

One of the most challenging tasks that military commanders face today is on the area of discipline, law and order. Attendant to its huge manpower resources, the military organization is beset with different organizational problems ranging from petty differences to issues of serious offenses that are committed either within the workplace or even when the soldier is off duty while attending to his own individual and private life. However, as a member of the Armed Forces, the individual soldier is bound to observe stringent regulations and codes of behavior wherever he is and whatever the situation he encounters. Every soldier is expected to live an honorable life; to offer himself unselfishly when situation calls for it; be measured by the character he possesses; and be required to exercise utmost discipline at all times.

Military commanders are endowed with unique responsibility of not only overseeing that things get done but also in ensuring that every soldier conforms to the measure of character and discipline required of them. When soldiers fall short of these expectations, the military commander is likewise equipped with disciplinary powers that he can employ under the Articles of War (Commonwealth Act 408) as amended by Republic Act Nos. 242 and 516 and further amended by Presidential Decree No. 1968 dated 11 January 1985, and to act with dispatch to ensure that justice will be served in his unit.

This primer will be of good use in providing our commanders a more comprehensive approach in dealing with cases that fall within his disciplinary powers as embodied in the Article of War 105. The topics herein included were extracted from the Manual for Courts Martial and given elaboration to give a significant emphasis to preclude the notion of impartiality among unit commanders. It has been observed that in some cases, unit commanders give differing views on some similar cases. Though each case is unique and thus viewed as such, the rendering of judgment shall be based on legally-accepted parameters to avoid the notion of injustice, bias and inequality among units.

Much appreciation is given to all the men and women of the Office of the Air Force Provost Marshal and the Office of the Air Judge Advocate who painstakingly discussed the salient provisions of the Articles of War and other relevant regulations in order to come up with a more detailed and complete primer such as this. Foremost is to the PAF leadership who inspires us all with his vision to have “A Morally Upright & Well-Disciplined Philippine Air Force.”

ISAIAS N ESPINO Colonel PAF (GSC) Air Force Provost Marshal

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A PRIMER ON THE DISCIPLINARY POWERS OF COMMANDING OFFICERS

UNDER ARTICLE OF WAR 105

TABLE OF CONTENTS

T o p i c P a g e 1. Who may impose disciplinary punishment under AW 105? . . . . . . . . . . . . . . 2. For purpose of AW 105, who may also be deemed as Commanding Officers? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Can the authority of a Commanding Officer under AW 105 be delegated? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. For what offenses may disciplinary punishments be imposed? . . . . . . . . . . . 5. What is a minor offense? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. What is the character of the punishments under AW 105? . . . . . . . . . . . . . . 7. What are the matters that have to be considered in determining appropriate punishments? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. What is the effect of procedural errors in the implementation of AW 105?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. What are the authorized maximum punishments that may be imposed under AW 105?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a. Table of authorized maximum punishment by a commanding officer with GCM jurisdiction (General/Flag Officer) . . . . . . . . . . . . . . . . . b. Table of authorized maximum punishment by a commanding officer whose rank is Lieutenant Colonel or Commander or above . . . . c. Table of authorized maximum punishment by a commanding officer whose rank is Major or below. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10. Can the punishments under AW 105 be suspended, remitted or mitigated?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Are the punishments imposed under AW 105 appealable? . . . . . . . . . . . . . . 12. What punishments are prohibited or not included under AW 105? . . . . . . . .

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13. Is the imposition and enforcement of disciplinary punishment under AW 105 a bar to trial by court-martial? . . . . . . . . . . . . . . 14. What is the effect of the punishment under AW 105?. . . . . . . . . . . . . . . . . . 15. What is the liability of the commanding officer who refuses to act or delays action on a valid complaint against a person under his command, or refuses or delays to impose a disciplinary punishment under AW 105 or otherwise aids or abets the wrongdoing of a subordinate? . . . . . . . . . . . 16. What is the effect if the military person has been punished under AW 105 but whose trial by court-martial is still ordered by competent authority? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17. Aside from minor offenses, are there also offenses classified as less grave or grave offenses? How do you differentiate one from the other? . . . . . . . . . . . . . . . . . . . . . . .

a. Table of possible options and authorized punishment . . . . . . . . . . . . . . b. Table of possible options for specific offenses . . . . . . . . . . . . . . . . . . . .

18. What is Circular 17 in relation to disciplinary power of a commanding officer? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“When justice is done, it is a joy to the righteous but terror to evildoers.”

Proverbs 21:15

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A PRIMER ON THE DISCIPLINARY POWERS OF COMMANDING OFFICERS

UNDER ARTICLE OF WAR 105

1. Who may impose disciplinary punishment under AW 105?

The commanding officer of any detachment, company, battalion, squadron,

commissioned vessel, or higher command or such other officers as may be authorized

by the President may, for minor offenses, impose disciplinary punishments upon persons

of his command who are subject to military law, including officers, without the

intervention of a court-martial.

2. For purposes of AW 105, who may also be deemed as Commanding

Officers?

With respect to persons on detached service or assigned to their respective offices

who are subject to military law:

a. The Vice Chief of staff

b. The Deputy Chief of Staff

c. The Deputy Chiefs of Joint Staff of the Armed Forces of the Philippines

d. The Chiefs of the Special, Administrative, Technical and Personal Staffs, General Headquarters, Armed Forces of the Philippines; and

e. The Chiefs of the General Staff of the Major Services and Unified Commands of the Armed Forces of the Philippines.

3. Can the authority of a Commanding Officer under AW 105 be delegated?

No, delegation is prohibited but communications with respect thereto may be

signed or transmitted by him personally or as provided for official communications in

general.

However, a Commanding Officer exercising general court martial jurisdiction or an

officer of general or flag rank in command may specifically delegate his powers under

AW 105 to an officer who is one of his principal assistants. Unless otherwise prescribed

by regulations or the terms of the delegation, the officer to whom these powers are

delegated has the same authority under AW 105 as the officer who delegated the

powers.

4. For what offenses may disciplinary punishments be imposed?

Only for minor offenses.

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5. What is a minor offense?

The term “offenses,” as used in connection with the authority to impose disciplinary

punishment under AW 105 for minor offenses, includes only those acts or omissions

punishable under the Articles of War.

Whether or not an offense may be considered as “minor” depends upon its nature,

the time and place of its commission, the persons committing it, and other circumstances

surrounding its commission.

Generally, the term includes derelictions not involving moral turpitude (anything

done contrary to justice, honesty, principle or good morals which are contrary to the

accepted and customary rule of right and duty between men and women, i.e. theft,

adultery, arson, etc.) or any greater degree of criminality than is involved in the average

offense tried by summary court-martial. An offense for which the Articles of War

prescribed a mandatory punishment or authorize the punishment of dishonorable

discharge, or bad conduct discharge, or penitentiary confinement, is not a minor offense.

The authorized punishment for minor offenses as prescribed by AW 105 range from

admonition to demotion, hard labor to forfeiture of pay.

6. What is the character of the punishments under AW 105?

It is purely corrective in nature. Meaning, a soldier is given the chance to mend

his/her ways. Committing the same offense for the second time constitutes habitual

delinquency on the part of the soldier hence, considered an aggravating situation which

is dealt with heavier penalties.

7. What are the matters that have to be considered in determining appropriate

punishments?

In determining the appropriate punishment to be administered, commanding

officers should consider the following:

a. Age b. Experience c. Intelligence d. Prior disciplinary and military record of the offender e. All other facts and circumstances of the case

In determining the appropriate punishment, commanders should consider the

desirability of suspending provisionally all or a portion of the punishment selected.

Provisional suspension of punishment normally is warranted in the case of first time

offenders or when persuasive extenuating or mitigating matters are present. Suspension

not only provides a behavioral incentive to the offender but also affords the commander

an excellent opportunity to evaluate the offender during the period of suspension.

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8. What is the effect of procedural errors in the implementation of AW 105?

Any failure to comply with any of the procedural provisions of AW 105 will not

invalidate a punishment imposed, except to the extent that may be required by a clear

and affirmative showing of injury to a substantial right of the person on whom the

punishments was imposed, which right was neither expressly nor impliedly waived

9. What are the authorized maximum punishments that may be imposed under

AW 105?

The penalties that can be imposed by a commander to an erring soldier under

Article of War 105 varies based on the rank of the Unit Commander as prescribed under

Presidential Decree 1968 dated 11 January 1985, Executive Order 1005 dated 28

January 1985 and Circular 4, GHQ AFP dated 30 April 1985. They are classified

whether the commanding officer is either with General Court Martial (GCM) jurisdiction

(General/Flag Officer); or whose rank is Lieutenant Colonel or Commander or above; or

whose rank is Major or below.

a. Table of authorized maximum punishment by a Commanding Officer with GCM Jurisdiction (General/Flag Officer):

AUTHORIZED

PUNISHMENT OFFICER

ENLISTED

PERSONNEL

1. Withholding of privileges 60 days 60 days

2. Restriction 60 days 60 days

3. Arrest in quarters 30 days 30 days

4. Forfeiture of pay ½ of 1 month base pay for

3 months

½ of 1 month base pay

for 2 months

5. Detention or withholding

of pay

½ of 1 month base pay for

6 months

½ of 1 month base pay

for 4 months

6. Deprivation of liberty 60 days 60 days

7. Reprimand Yes Yes

8. Admonition Yes Yes

9. Hard labor without

confinement No 30 days

10. Confinement No 30 days

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11. Correctional Custody No 30 days

12. Extra duties No 45 days

13. Reduction in rank No

Above E-4 – two (2)

ranks only; Others –

lowest or any rank

b. Table of authorized maximum punishment by a Commanding Officer whose

rank is Lieutenant Colonel or Commander or above:

AUTHORIZED

PUNISHMENT OFFICER

ENLISTED

PERSONNEL

1. Withholding of privileges 30 days 60 days

2. Restriction 30 days 60 days

3. Arrest in quarters 15 days 30 days

4. Forfeiture of pay ½ of 1 month base pay for

1 month

½ of 1 month base pay

for 2 months

5. Detention or withholding

of pay

½ of 1 month base pay for

3 months

½ of 1 month base pay

for 4 months

6. Deprivation of liberty 30 days 60 days

7. Reprimand Yes Yes

8. Admonition Yes Yes

9. Hard labor without

confinement No 30 days

10. Confinement No 30 days

11. Correctional Custody No 30 days

12. Extra duties No 45 days

13. Reduction in rank No

Above E-4 – two (2)

ranks only; Others –

lowest or any rank

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c. Table of authorized maximum punishment by a Commanding Officer whose rank

is Major or below::

AUTHORIZED PUNISHMENT

OFFICER ENLISTED

PERSONNEL

1. Withholding of privileges 30 days 30 days

2. Restriction 30 days 30 days

3. Arrest in quarters 15 days 15 days

4. Forfeiture of pay ½ of 1 month base pay for

1 month

½ of 1 month base pay

for 1 month

5. Detention or withholding

of pay

½ of 1 month base pay for

3 months

½ of 1 month base pay

for 3 months

6. Deprivation of liberty 30 days 30 days

7. Reprimand Yes Yes

8. Admonition Yes Yes

9. Hard labor without

confinement No 15 days

10. Confinement No 15 days

11. Correctional Custody No 15 days

12. Extra duties No 15 days

13. Reduction in rank No

a) SSgt to C/MSgt – not

more than two ranks

b) Sgt and below (Lower

4) – up to the rank of

Airman

NOTA BENE:

Imposition of punishment shall be based on the existence of mitigating and

aggravating circumstance.

For b and c, the punishment of reduction in rank could not be imposed by the unit

commander who has no Staff Judge Advocate (SJA) but may recommend said

punishment to his commander of the next level of command who has SJA.

However, even with SJA, unit commanders can only effect rank reduction from the

ranks of Airman to Sergeant. When it comes to the reduction of rank from the rank of

Staff Sergeant to Chief Master Sergeant, the unit commander may however recommend

the same to the Commanding General who is the promoting authority for said grades. It

is clearly established that from where the source of the power to promote also emanates

the power to demote.

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10. Can the punishments under AW 105 be suspended, remitted or mitigated?

The officer who imposes the punishment or his successor in command may, at any

time, suspend provisionally any part or amount of the unexecuted punishment imposed

and may suspend provisionally reduction in grade or a forfeiture, whether or not

executed. He may also, at any time, remit or mitigate any part or amount of the

unexecuted punishment imposed and may set aside in whole or in part the punishment,

whether or not executed, and restore all rights, privileges and property affected. He may

also mitigate a reduction in grade to forfeiture or detention of pay.

11. Are the punishments imposed under AW 105 appealable?

Yes. A person punished under authority of AW 105 who deems his punishment as

unjust or disproportionate to the offense may, through proper channel, appeal to the next

superior authority, but may in the meantime be required to undergo the punishment

adjudged. An appeal not made within a reasonable time may be rejected by the next

superior authority. In the absence of unusual circumstances, an appeal made more than

30 days after the punishment was imposed may be considered as not having been made

within a reasonable time. Authority “superior” to a particular commanding officer is the

authority normally superior in the chain of command. However, when the punishment

has been imposed under a delegation of a commander’s power to impose disciplinary

punishment the appeal will not be directed to that commander.

12. What punishments are prohibited or not included under AW 105?

Punishments which tend to demean or degrade the rank or position of the person

punished. Punishments such as touring with or without rifle or backpacks are usually

applied during cadetship or basic military training and are not normally applied to regular

soldiers as they demean the rank they earned. Likewise, hard labor is not applied to E-5

and above since the enlisted personnel belonging to this bracket are senior NCOs, thus

it is demeaning to their rank. General fatigue performed by the unit wherein E-5 and

above participates is not hard labor as a form of punishment under AW 105.

13. Is the imposition and enforcement of disciplinary punishment under AW

105 a bar to trial by court-martial?

No. The imposition and enforcement of disciplinary punishment under AW 105 for any

act or omission shall not be a bar to trial by court martial for a serious crime or offense

growing out of the same act or omission and not properly punishable under AW 105.

The fact that a disciplinary punishment under AW 105 has been enforced when so shown

by the accused may be likewise considered by a court martial in determining the

measure of punishment to be rendered in case of a guilty verdict.

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14. What is the effect of the punishment under AW 105?

Any officer meted the punishment under AW 105 by an officer exercising general

court-martial jurisdiction or a general or flag rank in command shall automatically be

considered on non-promotable status for a period of one year from the date of the

imposition of the punishment. The imposition by an officer exercising general court

martial jurisdiction or a general or flag rank in command of three or more disciplinary

punishments during the three years next preceeding the consideration for promotion of

an officer shall constitute a ground for deferment from promotion of the officer. Any

enlisted person meted punishment under AW 105 by an officer in the grade of lieutenant

colonel or commander shall automatically be considered on non-promotable status for a

period of one year from the date of the imposition of punishment.

15. What is the liability of the commanding officer who refuses to act or delays

action on a valid complaint against a person under his command, or refuses

or delays to impose a disciplinary punishment under AW 105 or otherwise

aids or abets the wrongdoing of a subordinate?

The commanding officer shall be subject to action under AW 105 by his immediate

superior officer or punished as a court martial may direct.

16. What is the effect if the military person has been punished under AW 105

but whose trial by court martial is still ordered by competent authority?

Such fact shall be considered in determining the measure of punishment to be

adjudged on a guilty finding.

17. Aside from minor offenses, are there also offenses classified as less grave or

grave offenses? What are the commander’s options in dealing with these

kind of offenses?

Yes. Less grave offenses are those committed by acts or omissions involving

disorders and neglects prejudicial to good order and discipline which brings discredit

upon the military service provided the same is not included within the category of grave

offenses. Grave offenses are those offenses committed that are punishable under the

Revised Penal Code, special penal laws and municipal or city ordinances and any

specific act of misconduct, disorder or neglect which brings discredit to the AFP in

general. While the punishment for minor offenses ranges from admonition to

reprimand, hard labor to forfeiture of pay, the punishment for less grave and grave

offenses range from reduction in rank or discharge from the service to custodial

confinement for enlisted personnel while for officers it range from reduction in the lineal

list (through General Court Martial) or discharge from the service (through Efficiency and

Separation Board) to penitentiary/custodial confinement.

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In dispensing justice to his unit, the unit commander may rely heavily on the quality

of investigation conducted. It is in this light that the investigating officer or provost

marshal of the unit must exhaust all effort in coming up with a thorough and robust

investigation. In most cases, commanders of different units render judgment differently

on a common offense. This is because of the fact that each case is unique and

commanders see them from their own perspective. In rendering judgment, the

commander weighs the circumstances (including the aggravating and mitigating), the

facts, quality of witnesses, evidence, and other information vital to the case.

The common offenses usually committed by soldiers are incorporated herein,

whether minor or grave offenses, to provide the commanders better perspective in the

dispensation of cases for them to render a uniform application of punishment under

existing rules and regulations in the military service, specifically under AW 105.

Most offenses in the list fall under either AW 96 (Conduct Unbecoming of an Officer

and a Gentleman) or AW 97 (Disorders and Neglects to the Prejudice of Good Order

and Military Discipline).

a. Table of possible options and authorized punishment.

OFFENSES

OPTION OF AUTHORIZED PUNISHMENT

OFFICER ENLISTED PERSONNEL

AW 54

Fraudulent Enlistment Not applicable

a. Referral to GCM b. Not yet re-enlisted/ no re-enlistment – Discharge without honor (Circular 17) c. Re-enlisted 1. Discharge upon ETE 2. Demotion AW 97

AW 55

Officer Making Unlawful Enlistment

a. Referral to GCM b. Referral to ESB*

Not applicable

AW 56

False Muster

a. Referral to GCM b. Referral to ESB*

a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum)

AW 59

Desertion

a. Referral to GCM b. Referral to ESB*

a. Referral to GCM b. Discharge without honor (Circular 17)

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AW 69

Quarrels, Frays, Disorders

a. Referral to GCM

b. Referral to ESB*

c. AW 105(maximum)

a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum)

AW 60

Advising or Aiding Another

to Desert

a. Referral to GCM b. Referral to ESB*

a. Referral to GCM b. Discharge without honor (Circular 17)

AW 61

Entertaining a Deserter

a. Referral to GCM b. Referral to ESB*

a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum)

AW 62

Absence Without Leave (AWOL)

a. Referral to GCM b. Less than 30 days - AW 105 c. More than 30 days but less than 90 days - AW 105 (maximum) d. More than 90 days – Drop from Rolls (AW 117)

a. Referral to GCM b. Less than 30 days - AW 105 (demotion with

forfeiture of pay) c. More than 30 days but less

than 90 days – AW 105 (maximum) d. More than 90 days – Discharge without honor (Circular 17)

AW 64

Disrespect Toward Superior Officer

a. Referral to GCM

b. Referral to ESB*

c. AW 105 (maximum)

a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum)

AW 65

Assaulting or Willfully

Disobeying Superior Officer

a. Referral to GCM

b. Referral to ESB*

c. AW 105 (maximum)

a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum)

AW 66

Insubordinate Conduct

Toward Non-Commissioned Officer

Not Applicable

a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum)

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AW 84

Military Property. Willful or Negligent Loss,

Damage or Wrongful Disposition

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

- With pecuniary liability

and forfeiture of pay

a. Referral to GCM

b. Discharge without honor

(Circular 17)

c. AW 105 (maximum)

- With pecuniary liability

and forfeiture of pay

AW 85

Waste or Unlawful Disposition of Military

Property Issued to Soldiers

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

- With pecuniary liability

and forfeiture of pay

a. Referral to GCM

b. Discharge without honor

(Circular 17)

c. AW 105 (maximum)

- With pecuniary liability

and forfeiture of pay

AW 86

Drunk on Duty

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. Discharge without honor

(Circular 17)

c. AW 105 (maximum)

AW 87

Misbehavior of Sentinel Not applicable

a. Referral to GCM

b. Discharge without honor

(Circular 17)

AW 91

Provoking Speeches or Gestures

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. Confinement with hard

labor and forfeiture of

pay

AW 95

Frauds Against the Government

a. Referral to GCM

b. Referral to ESB

a. Referral to GCM

b. Discharge without honor

(Circular 17)

AW 96

Conduct Unbecoming of an Officer and a Gentleman

a. Referral to GCM

b. Referral to ESB

Not applicable

AW 97

Disorders and Neglects to

the Prejudice of Good Order and Military

Discipline

a. Referral to GCM

b. Referral to ESB

a. Referral to GCM

b. Discharge without honor

(Circular 17)

c. AW 105 (maximum)

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b. Table of possible options for specific offenses

OTHER SPECIFIC OFFENSES

1. Use of Prohibited drugs

a. Referral to GCM

b. Referral to ESB

a. Referral to GCM b. Discharge without honor (Circular 17)

2. Driving under influence (DUI)

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum)

3. Abandonment (family)

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum)

4. Non-support (family)

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM b. Discharge without honor (Circular 17) c. AW 105 (maximum)

5. Immorality a. Referral to GCM

b. Referral to ESB

a. Referral to GCM b. Discharge without honor (Circular 17)

6. Sexual harassment a. Referral to GCM

b. Referral to ESB

a. Referral to GCM b. Discharge without honor (Circular 17)

7. Indiscriminate firing under influence of liquor causing alarm and scandal

a. Referral to GCM b. Referral to ESB

a. Referral to GCM b. Discharge without honor (Circular 17)

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8. Indiscriminate firing not under influence of liquor provided that the same does not cause alarms and scandals

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. AW 105 (maximum)

9. Gambling

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. 1st Offense

- Demotion with

forfeiture of pay

c. 2nd Offense

- Discharge without honor

(Circular 17)

10. Drinking in

unauthorized

place

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. Discharge without honor

(Circular 17)

c. AW 105 (maximum)

11. Non-payment of

debt

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. AW 105 (maximum)

12. Malingering a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. AW 105 (maximum)

13. Going abroad

Without authority

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. AW 105 (maximum)

14. Buying stolen

goods

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. AW 105 (maximum)

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15. Failure to reenlist within

the required period Not Applicable

- Automatic discharge as expiration of term of enlistment

- Demotion of one rank

(If filed within 60 days after ETE but served (enlisted) for two consecutive terms)

16. False swearing a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. AW 105

17. Abuse of authority a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. Discharge without honor

(Circular 17)

c. AW 105

18. Alarm and scandal a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. Confinement with hard labor and forfeiture of pay

19. Physical Injuries a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. Discharge without honor

(Circular 17)

c. AW 105 (maximum)

20. Overt homosexual

Acts and other sexual

acts

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. Discharge without honor

(Circular 17)

c. AW 105 (maximum)

21. Negligence of duty a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. AW 105 (maximum)

22. Sleeping on post as

sentinel/guard Not Applicable a. Referral to GCM

b. AW 105 (maximum)

23. Sleeping on post as

sentinel/guard while

under influence of

drug/alcohol

Not Applicable

a. Referral to GCM

b. Discharge without honor

(Circular 17)

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24. Theft/Robbery/Filferage a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. Discharge without honor

(Circular 17)

25. Maltreatment

/Hazing

a. Referral to GCM

b. Referral to ESB

c. AW 105 (maximum)

a. Referral to GCM

b. Discharge without honor

(Circular 17)

c. AW 105 (maximum)

NOTA BENE:

An officer who committed an offense punishable under the Articles of War does not

preclude the referral of the case to Efficiency and Separation Board (ESB) especially

when the offense had already prescribed and barred from being tried by a GCM; or it

may involve immorality, sexual harassment, violation against women and children or that

which violates ethical standards and raised question as to whether or not said officer is

still fit to remain in the service. While General Court Martial imposes punitive actions as

explicitly provided under existing rules and regulations of the AFP, the ESB on the other

hand was created under EO 337 Series of 1988, as implemented by Circular Number

47, GHQ, AFP dated 21 February 1989 and rescinded by Circular Number 13, GHQ,

AFP dated 11 August 2000 to cater to administrative actions against officers in the

regular force and reserve officers on extended tour of active duty by discharge or

separation from the military service.

18. What is Circular 17 in relation to disciplinary power of a commanding officer?

Under AW 105, the penalty of discharge from the service is not among the

prescribed authorized punishment that a commander may impose for offenses

committed by military personnel. However, Circular 17, GHQ, AFP dated 02 October

1987 provides that a commander, as defined in this primer, may impose the penalty of

discharge for offenses punishable by discharge to an erring enlisted personnel prior to

the expiration of said personnel’s term of enlistment.

However, the authority of the commander to discharge under the provision of

Circular 17 is limited only to the rank of Airman to Sergeant and only if the unit has

assigned Staff Judge Advocate. Since the Commanding General is the hiring authority

for all enlisted personnel and at the same time the approving authority for the promotion

and demotion of personnel in the ranks of Staff Sergeant to Chief Master Sergeant, the

power to discharge personnel having these ranks (SSgt to C/MSgt), also emanates

solely from the Commanding General. The unit commander may however recommend

to the Commanding General the discharge of personnel belonging to this rank.

REFERENCE: A Manual for Courts-Martial Armed Forces of the Philippines, Published

by Authority of the President of the Philippines effective December 17,1938

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“ZERO OFFENSE

ZERO TOLERANCE”