Articles of War & Military Law - Cheat sheet
Your last-minute revision companion for mastering military law fundamentals and the Articles of War for the PMAEE exam.
Foundations of Military Law
Important facts
- Commonwealth Act 408 (1938) is still the governing law for AFP
- Military law exists because military requires discipline beyond civilian standards
- Constitution Article XVI, Section 4 establishes the AFP
- President has Commander-in-Chief powers under Article VII, Section 18
- Civilian supremacy principle established in Article II, Section 3
Key definitions
Military Law
Example
Court-martial proceedings for military offenses
Set of rules governing conduct of armed forces members, requiring stricter discipline than civilian law
Articles of War
Example
Article 85 defines desertion penalties
Commonwealth Act No. 408 (1938) - the governing legal code for AFP personnel with 121 articles
Chain of Command
Example
Orders flow from superior to subordinate officers
Hierarchical structure of authority that must be preserved in military operations
Diagrams to know
- Military law hierarchy structure
- Sources of Philippine military law flowchart
Persons Subject to Military Law
Important facts
- Article 2 defines who is subject to military law
- Regular and reserve AFP components included
- All PMA cadets are subject to military law
- Persons accompanying AFP during wartime included
- Some prisoners of war fall under military jurisdiction
Key definitions
Subject Persons
Example
PMA cadets are subject to Articles of War from admission
All AFP officers, enlisted personnel, PMA cadets, active service members, and war companions
Diagrams to know
- Categories of persons under military law
Major Military Offenses
Important facts
- Four main categories: discipline, duty, persons/property, wartime offenses
- Conduct unbecoming an officer (Article 96) covers professional behavior
- Misbehavior before enemy is a serious wartime offense
- Sleeping on post and drunk on duty are duty-related offenses
- Assault on superior officer combines discipline and person offenses
Key definitions
Insubordination
Example
Refusing to follow a lawful order from commanding officer
Disobedience to a superior officer (Article 65)
Desertion
Example
Leaving military base without permission and not returning
Abandoning post with intent to remain absent permanently (Article 85)
AWOL
Example
Missing formation or duty without permission
Absence Without Leave - temporary unauthorized absence (Article 86)
Mutiny
Example
Group of soldiers refusing orders and resisting authority
Combined defiance against military authority (Article 67)
Diagrams to know
- Classification of military offenses by category
- Severity levels of military crimes
Court-Martial System
Important facts
- Three types of courts-martial with different jurisdictions
- Officers appointed by convening authority
- Includes trial judge advocate (prosecutor) and defense counsel
- Secret ballot voting by court members
- Accused has right to military and/or civilian counsel
Key definitions
General Court-Martial
Example
Cases involving desertion, mutiny, or capital crimes
Handles serious offenses, can impose any punishment including death
Special Court-Martial
Example
Mid-level disciplinary violations
Intermediate level, cannot impose death or dismiss officers
Summary Court-Martial
Example
AWOL, minor insubordination cases
Minor offenses involving enlisted personnel only
Diagrams to know
- Court-martial hierarchy and jurisdiction
- Military trial procedure flowchart
Military Punishments
Important facts
- Death penalty limited to specified grave offenses with strict review
- Dishonorable discharge/dismissal removes from service
- Forfeiture of pay and allowances affects compensation
- Reduction in rank affects military standing
- Accused may demand court-martial instead of non-judicial punishment
Key definitions
Non-Judicial Punishment
Example
Restriction to barracks, extra duty assignments
Article 105 allows commanders to impose discipline without court-martial for minor offenses
Diagrams to know
- Punishment severity hierarchy
- Non-judicial vs judicial punishment process
Military Justice Doctrines
Important facts
- Following orders defense fails when orders were clearly unlawful
- International humanitarian law sets limits on military necessity
- Command responsibility established after WWII tribunals
- Rules of engagement (ROE) govern use of force
- ROE violations face disciplinary action even without civilian crime
Key definitions
Lawful Order
Example
Order to secure perimeter is lawful; order to harm civilians is not
Orders that soldiers must obey; unlawful orders (war crimes, human rights violations) must not be obeyed
Command Responsibility
Example
Officer liable if aware troops committed war crimes but took no action
Commanders responsible for subordinate crimes if they knew or should have known and failed to act
Military Necessity
Example
Destroying enemy infrastructure while minimizing civilian harm
Combat operations may justify otherwise illegal actions within strict international law limits
Diagrams to know
- Lawful vs unlawful order decision tree
- Command responsibility chain
AFP Code and Ethics
Important facts
- Mission first - accomplish assigned task
- Honor includes truthfulness, integrity, dignity
- Loyalty to country, command, and comrades
- Service means sacrifice for Filipino people
- Protect human rights at all times
Key definitions
Code of Conduct
Example
Mission first means accomplishing assigned tasks before personal interests
Five principles: Mission first, Professionalism, Honor, Loyalty, Service
Diagrams to know
- Five pillars of military conduct
- AFP ethical principles hierarchy
Must remember
- Commonwealth Act 408 (1938) = Articles of War with 121 articles
- Article 2 defines persons subject to military law (AFP, PMA cadets, etc.)
- Four offense categories: discipline, duty, persons/property, wartime
- Three court-martial types: General (serious), Special (intermediate), Summary (minor)
- Desertion (Art. 85) = permanent intent vs AWOL (Art. 86) = temporary
- Lawful orders must be obeyed; unlawful orders must NOT be obeyed
- Command responsibility: commanders liable for subordinate crimes if aware
- Non-judicial punishment (Art. 105) for minor offenses by commanders
- Five AFP Code principles: Mission, Professionalism, Honor, Loyalty, Service
- Military law requires stricter discipline than civilian law due to combat/command needs
Last minute tips
- Focus on article numbers for specific offenses (Art. 85 = desertion, Art. 86 = AWOL)
- Remember the hierarchy: General > Special > Summary court-martial powers
- Distinguish intent: desertion (permanent) vs AWOL (temporary absence)
- Commonwealth Act 408 (1938) is still current law - not outdated
- Command responsibility flows upward - commanders accountable for subordinates
Comparison tables
Desertion vs AWOL
| Aspect | Desertion (Art. 85) | AWOL (Art. 86) |
|---|---|---|
| Intent | Permanent absence | Temporary absence |
| Severity | Serious offense | Minor offense |
| Punishment | Severe penalties | Lighter penalties |
| Court-Martial | General/Special | Summary/Special |
Court-Martial Types
| Type | Jurisdiction | Death Penalty | Officer Dismissal |
|---|---|---|---|
| General | Serious offenses | Yes (with review) | Yes |
| Special | Intermediate | No | No |
| Summary | Minor (enlisted only) | No | No |
Military vs Civilian Law
| Aspect | Military Law | Civilian Law |
|---|---|---|
| Governing Code | Articles of War | Revised Penal Code |
| Trial System | Court-martial | Regular courts |
| Discipline Level | Stricter standards | Standard requirements |
| Command Structure | Chain of command critical | Individual responsibility |
Diagrams
Articles of War Overview
Complete overview of Articles of War structure and key components
Military Justice Process
Step-by-step process from violation to final judgment in military justice system
Military Personnel Legal Status
Legal status transitions for military personnel under Articles of War