AFPSAT AFP Knowledge — Articles of WarFlash Cards

What is the legal foundation of the Articles of War in the Philippines?

Commonwealth Act No. 408 (1938), as amended. This act serves as the principal source of military criminal law in the Philippines and governs the conduct of all AFP members including Army, Navy, Air Force, and Philippine Coast Guard personnel.

Who are the persons subject to military law under Article 2?

All commissioned and enlisted personnel of the AFP (regular, reserve, and trainees), all PMA cadets, personnel of military prisons, all persons accompanying or serving with the AFP in time of war, and some prisoners of war.

Desertion (Article 85)

Leaving the service or unit with intent to remain away permanently. Distinguished from AWOL by the intent to never return. Punishable severely, and in time of war, can be a capital offense requiring the death penalty.

What is the difference between AWOL and Desertion?

AWOL (Article 86) is absence without leave with intent to return, making it less severe. Desertion (Article 85) involves leaving with intent to remain away permanently, making it much more serious and potentially a capital offense in wartime.

What are the three types of court-martial and their composition?

General Court-Martial (GCM): 5+ officers for serious offenses, can impose death; Special Court-Martial (SCM): 3+ officers for intermediate offenses, cannot impose death/dismissal of officers; Summary Court-Martial: 1 officer for minor offenses involving enlisted personnel.

Mutiny (Article 67)

Joining with two or more persons to defy military authority. This is considered one of the most serious military offenses and is a capital offense during time of war, potentially punishable by death.

What does 'Conduct Unbecoming an Officer and a Gentleman' (Article 96) cover?

A catch-all provision for behavior that, while not specifically named in other articles, is unworthy of an officer's commission. It maintains standards of honor, integrity, and professionalism expected of military officers.

What are the constitutional anchors for the Articles of War?

Article XVI, Section 4 (establishes the AFP), Article VII, Section 18 (President as Commander-in-Chief and martial law limits), and Article II, Section 3 (civilian supremacy over the military).

What is 'Misbehavior Before the Enemy' (Article 75)?

Includes shamefully abandoning post, casting away arms, willful misbehavior, and cowardice in the face of the enemy. This is a capital offense during wartime due to its severe impact on military effectiveness and unit morale.

What rights does an accused have in a court-martial?

Right to counsel (military or civilian), right to be informed of charges, right to present evidence and witnesses, right to confront witnesses, right against self-incrimination (Article 31), right to silence, and right to appeal.

What is the lawful order doctrine?

A soldier must obey lawful orders but must NOT obey unlawful orders. Orders to commit war crimes, mutiny, or human rights violations are unlawful. 'I was just following orders' is not a valid defense for clearly unlawful commands.

What is command responsibility?

Commanders are responsible for crimes committed by subordinates if they knew (or should have known) about the crimes and failed to prevent or punish them. This doctrine ensures accountability at all levels of command.

What punishments can be imposed under the Articles of War?

Death (requires presidential confirmation), dishonorable discharge (enlisted), dismissal from service (officers), confinement at hard labor, total forfeiture of pay, reduction in rank, reprimand, restriction to limits, and confinement to barracks.

What is non-judicial punishment (Article 105)?

Commanders may impose discipline for minor offenses without convening a court-martial: reprimand, withholding privileges, extra duty, or restriction (all for limited duration). The accused may demand a court-martial instead.

What international laws bind the AFP?

Geneva Conventions (1949) for protection of wounded, prisoners, and civilians; Hague Conventions for rules of warfare; UN Charter for use of force restrictions; and Additional Protocols to the Geneva Conventions.

Sleeping on Post

When a sentinel or sentry falls asleep while on guard duty. This offense is considered capital (punishable by death) in time of war due to the critical security risk it poses to military operations and personnel safety.

What are Rules of Engagement (ROE)?

Mandatory directives issued for specific operations that define when, where, and how military force may be used. They reflect mission objectives, political constraints, and legal requirements, and may be more restrictive than what law permits.

What is the Code of Conduct for AFP?

Mission first, Professionalism (knowledge, skill, ethics), Honor (truthfulness, integrity), Loyalty (to country, command, comrades), and Service (sacrifice for the people). These five principles guide all AFP personnel behavior.

How is jurisdiction divided between military and civilian courts?

Service-connected crimes go to court-martial, crimes not service-connected go to civilian courts (R.A. 7055 clarified this), and crimes against civilians often fall under civilian court jurisdiction. Soldiers must understand both legal systems.

Why do militaries need separate Articles of War instead of civilian Penal Code?

Civilian Penal Code cannot address military-specific situations like disobedience to superiors in combat, desertion in face of enemy, sleeping on guard, misbehavior before enemy, and mutiny. These are too damaging to military effectiveness for civilian court handling.