ARTICLE OF WAR 105

DISCIPLINARY POWERS OF
COMMANDING OFFICERS

POLICIES

1. THE AUTHORITY OF A COMMANDING OFFICER

UNDER AW 105 CANNOT BE DELEGATED.

2. 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
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF
COMMANDING OFFICERS

POLICIES

3. IN DETERMINING THE APPROPRIATE KIND

AND AMOUNT OF PUNISHMENT TO BE
ADMINISTERED, COMMANDING OFFICERS
SHOULD CONSIDER THE AGE, EXPERIENCE,
INTELLIGENCE AND PRIOR DISCIPLINARY AND
MILITARY RECORD OF THE OFFENDER, AS
WELL AS ALL THE OTHER FACTS AND
CIRCUMSTANCES OF THE CASE.
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF
COMMANDING OFFICERS

NATURE OF PUNISHMENTS
1. ADMONITION AND REPRIMAND (OFFRs & EP)
2. RESTRICTION - DEPRIVATION OF LIBERTY WITHIN
SPECIFIED GEOGRAPHICAL LIMITS AND THE PERSON
IS REQUIRED TO REPORT TO A DESIGNATED PLACE AT
A SPECIFIED TIME. (OFFRs & EP)
3. ARREST IN QUARTERS - DEPRIVATION OF LIBERTY
WITHIN THE LIMITS OF ONES QUARTERS, BUT THE
PERSON IS REQUIRED TO PERFORM MILITARY DUTY.
QUARTERS MAY CONSIST OF A PRIVATE RESIDENCE,
TENT OR BARRACKS. (OFFRs & EP)
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF
COMMANDING OFFICERS

NATURE OF PUNISHMENTS

4. CORRECTIONAL CUSTODY - IT IS THE PHYSICAL

RESTRAINT OF A PERSON DURING DUTY OR NON-
DUTY HOURS OR BOTH, AND MAY INCLUDE EXTRA
DUTIES OR FATIGUE DUTIES (EP)

5. CONFINEMENT - RESTRAINT INVOLVED IN THIS

PUNISHMENT IS ENFORCED BY BEING IMPRISONED
IN THE GUARD HOUSE (EP)
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF
COMMANDING OFFICERS

NATURE OF PUNISHMENTS

6. CONFINEMENT ON BREAD AND WATER OR

DIMINISHED RATION - IMPOSED UPON ENLISTED
PERSONNEL EMBARKED ON A COMMISSIONED
VESSEL OF THE PHILIPPINE NAVY (EP)
7. EXTRA DUTIES - INVOLVES THE PERFORMANCE OF
DUTIES IN ADDITION TO THOSE NORMALLY
ASSIGNED TO THE PERSON UNDERGOING
PUNISHMENT. IT MAY INCLUDE FATIGUE OR ANY
OTHER MILITARY DUTIES (EP)
 ARTICLE OF WAR 105
DISCIPLINARY POWERS OF
COMMANDING OFFICERS

NATURE OF PUNISHMENTS

8. REDUCTION IN GRADE - MOST SEVERE FORM OF

DISCIPLINARY PUNISHMENT (EP)

9. FORFEITURE OF BASIC PAY - PERMANENT LOSS OF

ENTITLEMENT TO THE BASIC PAY FORFEITED (OFFRs
& EP)
10. DETENTION OR WITHHOLDING OF BASIC PAY -
TEMPORARY WITHHOLDING OF PAY BUT IN NO CASE
SHALL IT EXTEND BEYOND THE OFFENDER’S TERM
OF SERVICE (OFFRs & EP)
 REPUBLIC ACT 7055
(PROMULGATED JUNE 20, 1991)

AN ACT STRENGTHENING CIVILIAN SUPREMACY

OVER THE MILITARY BY RETURNING TO THE CIVIL
COURTS THE JURISDICTION OVER CERTAIN
OFFENSES INVOLVING MEMBERS OF THE ARMED
FORCES OF THE PHILIPPINES, OTHER PERSONS
SUBJECT TO MILITARY LAW, AND THE MEMBERS OF
THE PHILIPPINE NATIONAL POLICE.
 REPUBLIC ACT 7055
(PROMULGATED JUNE 20, 1991)
RPC
OTHER SPECIAL CIVIL
PENAL LAWS
COURT
LOCAL GOV’T
ORDINANCES

NON-SERVICE
AFP CONNECTED

PNP
CAFGU
AW 54 - 70 COURT
AW 72 - 92
MARTIAL
AW 95 - 97

SERVICE-CONNECTED
 EXECUTIVE ORDER NO. 337
PROMULGATED SEPTEMBER 13, 1988

PRESCRIBING REGULATIONS GOVERNING THE

DISCHARGE OR SEPARATION BY
ADMINISTRATIVE ACTION OF OFFICERS OF
THE REGULAR FORCE AND RESERVE
OFFICERS ON EXTENDED TOUR OF ACTIVE
DUTY IN THE ARMED FORCES OF THE
PHILIPPINES
 EXECUTIVE ORDER NO. 337
PROMULGATED SEPTEMBER 13, 1988

GROUNDS

• GRAVE MISCONDUCT

• WILLFUL FAILURE TO PERFORM DUTIES

• INTEMPERATE USE OF DRUGS OR

ALCOHOLIC LIQUOR

• VICIOUS OR IMMORAL HABITS

 CIRCULAR 17, GHQ, DTD 02 OCTOBER 1987

ADMINISTRATIVE DISCHARGE OF ENLISTED

PERSONNEL PRIOR TO THE EXPIRATION OF THEIR
TERM OF ENLISTMENT

PERSONNEL DIRECTIVE NR 01, HPA, DTD 22 JAN 93

DISPOSITION OF CASES / IMPOSITION OF

ADMINISTRATIVE PUNISHMENT TO ENLISTED
PERSONNEL
 MINOR OFFENSES
ACTS OR OMMISSIONS PUNISHABLE BY
AUTHORIZED PUNISHMENT AS
PRESCRIBED BY AW 105 RANGING FROM
ADMONITION TO DEMOTION
A. ADVISING, PERSUADING OR ASSISTING AWOL
B. AWOL FOR LESS THAN THIRTY (30) DAYS PROVIDED
THAT THE SAME IS THE FIRST OFFENSE
C. FAILURE TO PERFORM A SPECIFIC DUTY OR TASK
D. USING THREATENING OR INSULTING LANGUAGE
OR BEHAVING IN AN INSUBORDINATE OR
DISRESPECTFUL MANNER TOWARD AN NCO
E. DRUNK OR TAKING INTOXICATING LIQUOR WHILE
ON DUTY
 MINOR OFFENSES
ACTS OR OMMISSIONS PUNISHABLE BY
AUTHORIZED PUNISHMENT AS
PRESCRIBED BY AW 105 RANGING FROM
ADMONITION TO DEMOTION

F. BEING FOUND SLEEPING ON POST WHILE

PERFORMING GARRISON DUTY
G. WILLFULLY DESTROYING GOVERNMENT
PROPERTY COSTING LESS THAN P1,000.00
H. NON-SUPPORT TO LEGITIMATE DEPENDENTS
I. NON-PAYMENT OF JUST DEBT
J. WILLFUL FAILURE TO SALUTE A COMMISSIONED
OFFICER
 MINOR OFFENSES
ACTS OR OMMISSIONS PUNISHABLE BY
AUTHORIZED PUNISHMENT AS
PRESCRIBED BY AW 105 RANGING FROM
ADMONITION TO DEMOTION

K. INDISCRIMINATE FIRING WHILE NOT UNDER

THE INFLUENCE OF LIQUOR, PROVIDED THAT THE
SAME DOES NOT CAUSE ALARMS AND SCANDALS
L. BRINGING OUT OF ISSUED FIREARMS WITHOUT
PROPER AUTHORITY
M. ALL OTHER ACTS OR OMISSIONS
CONSTITUTING BREACHES OF DISCIPLINE NOT
FALLING UNDER THE CATEGORIES OF LESS GRAVE
AND GRAVE OFFENSES
 LESS GRAVE OFFENSES
PUNISHABLE BY PENALTIES RANGING
FROM DEMOTION TO DISCHARGE
UNDER HONORABLE CONDITIONS
A. AWOL FOR MORE THAN 30 DAYS BUT LESS THAN
90 DAYS
B. COMMITTING ANY OF THE OFFENSES FALLING
UNDER THE CATEGORY OF MINOR OFFENSES
TWICE OR MORE
C. INDISCRIMINATE FIRING UNDER THE
INFLUENCE OF LIQUOR BUT NOT CAUSING
ALARMS AND SCANDALS
D. WILLFULLY DESTROYING GOVERNMENT
PROPERTY COSTING MORE THAN P1,000.00 BUT
LESS THAN P5,000.00
 LESS GRAVE OFFENSES
PUNISHABLE BY PENALTIES RANGING
FROM DEMOTION TO DISCHARGE
UNDER HONORABLE CONDITIONS

E. USING THREATENING OR INSULTING LANGUAGE

OR BEHAVING IN AN INSUBORDINATE OR
DISRESPECTFUL MANNER TOWARD A
COMMISSIONED OFFICER
F. CHRONIC ALCOHOLISM OR ADDICTION TO
ALCOHOL WITHOUT OVERT ACTS, MISCONDUCT OR
DISORDER
G. ABANDONMENT AND NON-SUPPORT OF
LEGITIMATE FAMILY NOT COUPLED WITH
IMMORALITY
 LESS GRAVE OFFENSES
PUNISHABLE BY PENALTIES RANGING
FROM DEMOTION TO DISCHARGE
UNDER HONORABLE CONDITIONS
H. HOMOSEXUAL TENDENCIES, DESIRES OR
INTERESTS UNACCOMPANIED BY OVERT
HOMOSEXUAL ACTS
I. SLEEPING ON POST WHILE ON FIELD DUTY
J. ALL OTHER ACTS OR OMISSIONS INVOLVING
DISORDERS AND NEGLECTS PREJUDICIAL TO GOOD
ORDER AND DISCIPLINE
K. CONDUCTS WHICH BRINGS DISCREDIT UPON THE
MILITARY SERVICE PROVIDED THE SAME IS NOT
INCLUDED WITHIN THE CATEGORY OF GRAVE
OFFENSES
 GRAVE OFFENSES

ACTS OR OMMISSIONS PUNISHABLE BY

DISCHARGE WITHOUR HONOR

A. AWOL FOR MORE THAN 90 DAYS

B. INDISCRIMINATE FIRING COMMITTED UNDER THE
INFLUENCE OF LIQUOR AND CAUSING ALARMS AND
SCANDALS
C. ASSAULTING A COMMISSIONED OR NON-
COMMISSIONED OFFICER
D. MAINTAINING SEXUAL RELATIONS WITH A MAN /
WOMAN OTHER THAN HIS / HER LEGITIMATE SPOUSE
 GRAVE OFFENSES

ACTS OR OMMISSIONS PUNISHABLE BY

DISCHARGE WITHOUR HONOR
E. PREGNANCY OUT OF WEDLOCK FOR FEMALE
ENLISTED PERSONNEL
F. COMMISSION OF OVERT HOMOSEXUAL ACTS AND
OTHER ACTS OF SEXUAL PERVERSION
G. COMMISSION OF ANY CRIME PUNISHABLE UNDER
THE REVISED PENAL CODE, SPECIAL PENAL LAWS
AND MUNICIPAL OR CITY ORDINANCES
H. ANY SPECIFIC ACT OF MISCONDUCT, DISORDER
OR NEGLECT WHICH BRINGS DISCREDIT TO THE
PHILIPPINE ARMY IN PARTICULAR AND THE AFP IN
GENERAL
 HISTORY OF MILITARY LAW

• ROMAN EMPIRE MAGISTRIMILITUM

• GERMANS DUKE

CONSEILS DE
• FRANCE
GUERRE

• ENGLAND,
SWEDEN, RUSSIA, ANGLO-NORMAN
EUROPE SYSTEM
 MILITARY LAW PROPER

THE BRITISH CODE

THE AMERICAN CODE

THE PHILIPPINE CODE

 PUNITIVE
ARTICLES

PUNITIVE RA 7055

AW 105
MILITARY
JUSTICE
SYSTEM EO 337

ADMINISTRATIVE CIR 17

PD 1638