PHILIPPINE ARMY MANUAL 1-10 ARMY PROVOST MARSHAL

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PHILIPPINE ARMY MANUAL 1-10

ARMY PROVOST MARSHAL Proponent: Office of the Army Provost Marshal Issued: ____________________

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PHILIPPINE ARMY MANUAL 11-07 ARMY OPERATIONS

Philippine Army Manual 1-10 (PAM 1-10) dated 21 May is promulgated on authority of the Commanding General, Philippine Army

LTGEN HERNANDO DCA IRIBERRI AFP Commanding General, Philippine Army

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PREFACE 1.

Purpose

This Army Provost Marshal Manual sets forth the procedure and guidance to all Commanders of the PA in the conduct of Provost Marshal Operations. 2.

Scope and Applicability

This manual includes doctrines: Organization and functions of OAPM; Delineation of functions of IGS, OESPA, PM, JAGS and MP in the AFP, Investigation Procedure; Reports of Investigation; Handling and Disposition of Persons Apprehended; Arrest and Confined; Disposition of AWOL Personnel; Guidance on Firearms; Class “E” Allotment; Disciplinary Power of Commanding Officer; and Miscellaneous (Primer on the Articles of War and Major Steps in the Processing of a Criminal Case). 3.

User Information

This manual is classified as “RESTRICTED” to insure its PA-wide dissemination. The proponent of this manual is the Office of the Army Provost Marshal through the Training and Doctrine Command, Philippine Army. Users of this manual may submit comments and recommend changes to the Training and Doctrine Command, Philippine Army, CampO’Donnel, Capas, Tarlac 4.

References

AFP Manual for Courts-Marshal, 1987. AFP Military Justice System Handbook, 1993. Fort Bonifacio Camp Rules and Regulations, 2004 Provost Marshal Investigators Handbook, 3rd Edition, 2000 Office of the Judge Advocate General, Selected References on Military Affairs, 1997 Philippine Military Law Annotated by Claro G. Gloria Philippine Army Personnel Management Manual, PAM 1-00 .Investigation Procedure FC 1 – 101, May 2005 HPA Personnel Directive Number 1 dated 12 June, 2008 OAPM Staff Memo Series of 2012 OAPM Staff Memo Series of 2012 U.S. FM 101-5

http://en.wikipedia.org/wiki/Provost_Marshal 5.

Rescission

All publications, manuals and directives inconsistent with this manual are hereby rescinded. 6.

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Unless this publication states otherwise, masculine nouns and pronouns do not refer exclusively to men.

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CONTENTS Title Page Promulgation Note Preface Contents Section

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CHAPTER 1 THE ARMY PROVOST MARSHAL DIVISION Background Mission

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CHAPTER 2 ORGANIZATION, RESPONSIBILITY AND FUNCTIONS 2-1 2-2 2-3 2-4 2-5

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Organizational Chart Responsibility Basic Functions of the Deputy and Executive Office Basic Functions of Chief, Administrative Branch Basic Functions of Chief, Plans, Operations and Training Branch Basic Functions of Chief, Complaint and Investigation Branch Basic Functions of Chief, Legal, Research and Statistic Branch Relationship with other Investigative Agencies and Concerned Units/ Offices Relationship with the Military Police

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Relationship with PA Major Subordinate Units Logo/ Seal of Office of the Army Provost Marshal

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CHAPTER 3 INVESTIGATION 3-1 3-2 3-3 3-4 3-5 3-6

Conduct of Investigation Receiving Complaint Walk-In Complaint Screening of Letter Complaint/or Cases/Complaint Referred for Investigation Dispositions of Complaint Submission of Reports

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RESTRICTED CHAPTER4 PROCEDURE 4-1 4-2 4-3 4-4 4 -5 4-6 4-7 4-8

1Due Process Administrative Due Process Disposition of Administrative Case Against Civilian Employee Disciplinary Jurisdiction Preventive Suspension Lifting of Preventive Suspension Pending Administrative Investigation Filing of Appeal Grievance Machinery

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CHAPTER 5 CLASSIFICATION OF OFFENSES 5-1 5-2 5-3 5-4

Determination of Gravity of Offense Minor offenses Less Grave Offenses Grave offenses

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CHAPTER 6 REMEDIES 6-1 6-2 6-2

Appeals Minor offenses Grave and Less Grave Offenses

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CHAPTER 7 PERIOD OF DISPOSITION OF CASES 7-1 7-2 7-3

Disposition of Cases Reporting System Estoppel by Laches

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CHAPTER 8 ISSUANCE OFCLEARANCE/CERTIFICATION 8-1 8-2 8-3 8-4

Issuance of Clearance/Certification Referral of Complaint to Major Subordinate Unit Citizen Armed Forces of the Philippines Reservist General Provision

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ANNEXES A B C

Lineage of Commanders Sworn Statement Investigation Report RESTRICTED

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Summons Sample Format Of Letter-Request For Submission Of Evidence By Civilian Complainants Compliance with Summonses and Similar Directives Republic Act Nr 7055 Circular Number 17 AFP Regulations AFPRG 131-472 Administrative Order Nr 55 Circular number 14 Commander’s Responsibility on Criminal and Administrative Cases Involving Military Personnel Administrative Order Nr 40 Standard Operating Procedure Number, 02 Circular Number 16 Republic Act no. 9262 SOP Nr 1 Class “E” Allotment Republic Act no. 8294 Circular Number 8 Monogamy in the Philippine Army ACT NR 6968 RA NO. 9372 Circular 16

D1 E1 F1 G1 H1 I1 J1 K1 L1 M1 N1 O1 P1 Q1 R1 S1 T1 U1 W1 X1

Glossary Abbreviation

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CHAPTER 1 THE ARMY PROVOST MARSHAL DIVISION

Section 1-1 Background

The Provost Marshal (pronounced "Provo") is the officer in the armed forces who is in charge of the military police (sometimes called the provost). There may be a Provost Marshal serving at many levels of the hierarchy and he may also be the public safety officer of a military installation, responsible for the provision of fire, gate security, and ambulance services as well as law enforcement. A Provost Marshal may also be in charge of the execution of punishments. Every country has its own set-up/term for Provost Marshal. In the British Armed Forces, the Provost Marshal is the head of the military police of each service, with the senior military police officers at lower levels being titled Deputy or Assistant Provost Marshals. In many cases the provost marshal is in charge of discipline. The Canadian Forces Provost Marshal (CFPM) is the Branch Advisor for the Canadian Forces Military Police Branch, and also the Commander of the Canadian Forces Military Police Group (CF MP Gp). The chief of the German Military Police (Feldjäger) is called General der Feldjägertruppe (equivalent to Provost Marshal General). The German Armed Forces (Bundeswehr) do not have a specific title for military police officers so in most tactical units and especially in multinational deployments, they will use the English term Provost Marshal. In the United States Army and United States Marine Corps, the senior military police officer is the Provost Marshal General (PMG) (Army) or Provost Marshal (USMC). The PMG was a post that was reinstated in 2003, having been abolished for 29 years. The PMG is in charge of the United States Army Military Police Corps, U.S. Army Criminal Investigation Command (CID) and United States Army Corrections Command (ACC) policy and procedures from an office in The Pentagon. In the Philippines, Provost Marshal is basically patterned after U.S Army Field Manual 101-5, Staff Organizations and Procedures. Chapter 4, of FM 101-5 states that the provost marshal is the special staff officer responsible for coordinating military police (MP) combat, combat support, and combat service support assets and operations. The PM is the senior military police officer in the command. He is also the commander of the MP unit supporting the force. The PM augments the staff with an officer to represent him on the staff in his absence. APM is located at corps and division levels. The Philippine Army Provost Marshal goes as far back when the Philippine Constabulary (PC) was transformed into a division of the Philippine Army (by virtue of Commonwealth Act Number 1 dated 21 December 1935 (The National Defense Act) The PC was then the Philippine Insular Force charged with the maintenance of Peace and Order from as early as the American occupation in 1901. It is now the Philippine National Police. In 1936, MGEN JOSE DELOS REYES, AFP was designated as the first Provost Marshal General. On account of Commonwealth Act Number 343 dated 23 RESTRICTED

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RESTRICTED June 1938, and upon the separation of the Constabulary from the Philippine Army the title of the Provost Marshal General was conferred to BGEN FEDRICO OBOZA AFP, who was then assigned at the Military Police Command (MPC) under the United States Armed Forces of the Far East (USAFFE). The MPC was a post liberation period of the Philippine Constabulary. Trained under Military Police Programs, the primary mission of the MPC was akin to that of the pre-war PC, with its key function of enforcing military law and order for the benefit of the civilian populace. The deactivation of the Philippine Constabulary on 31 December 1947 terminated the designation of its head, BGEN OBOZA, as the Provost Marshal General. On 13 Feb 1953, the Provost Marshal General Section (PGMS) was activated through General Order (GO) Number 41. COLONEL FLORENTINO V CARDENAS was designated as the Provost Martial General of the AFP, conceived as a special staff, its main mission was to advise the Chief of Staff, AFP with regard to laws, rules and regulations necessary to enforce order and discipline among all military personnel in the AFP. On 01 July 1957, the Headquarters Philippine Army was separated from General Headquarters Armed Forces of the Philippines pursuant to section I, General Orders Nr 362, Headquarters Armed Forces of the Philippines, dated 12 January 1957. In view of the separation of the PA from GHQ, the Office of the Provost Marshal Philippine Army was created and organized effective 01 July 1957 and further amended and reorganized by AFP table of distribution 100-ISA. Pursuant to SOP number 08 HPA dated 11 Feb 71, name, the Office of the Army Provost Marshal General was changed to Army Provost Marshal Division. On 02 October 1978, a GHQ letter directive was issued (Subject: Delineations of Functions of the IGS and PM) specifying that in relation to the investigation aspect of their primary functions the PM/MP is supposed to concentrate on offenses involving individuals while the IGS to concentrate on offenses involving concentrate units and commands. In line with PA Reorganization Plan “PAGBABAGO”, HPA publish HPA Memorandum Number 02 dtd 01 February 1987, incorporating significant changes on the internal organizational structure of the various General and Special Staff Offices of HPA to include the responsibility and functions. To date, the Army Provost Marshal Division is organic of the Headquarters Philippine Army, the incumbent Army Provost Marshal is COL BENEDICTO M JOSE MNSA, PA. He assumed as Army Provost Marshal effective 15 Jan 09.

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CHAPTER 2 ORGANIZATION, RESPONSIBILITY AND FUNCTIONS

Section 2-1 Organizational Chart

Section 2-2 RESPONSIBILITY

a. Investigates complaints involving administrative offenses against person and property, vehicular accidents, traffic violations, disturbance of peace and public order, individual violations of laws and regulations and misbehavior/ misconduct of personnel; b. Receives complaints and cause their investigation by subordinate disciplinary authority; c. Formulates and recommends directives and policies pertaining to investigation procedures, proper disposition of cases and maintenance of order and discipline among military personnel; d. Conducts review of existing policies, rules and regulations and recommends changes, revision of such policies and regulations to higher headquarters; e. Conducts research and study and formulate policies relative to the improvement of the organization and functions of the MP units and Amy detention facilities and handling of detainees; RESTRICTED

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Investigates Human Rights violations involving PA personnel;

h. Assists judicial authorities in the enforcement of warrants of arrest, subpoena, and other court processes; i. Encodes case records in the Discipline Law and Order Information System (DLOIS); a System; j. k. Writing;

Consolidates the periodic reports submitted on PA Delinquency Report

Assists in the registration and insurance of PA vehicles; Conducts seminar on Investigation Techniques, Procedures & IR

l. Issues alarms for the apprehension of Personnel declared AWOL, to include escape military personnel; b Effects the arrest and investigation of offenders/violators of PA rules and regulations for appropriate disposition; m.

Reviews and evaluates investigation reports;

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Consolidate reports on status of detainees;

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Assist complainants in the accomplishment of their complaints;

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Issues certification to personnel concerning status of their cases;

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Maintains statistics of PM cases;

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Maintains storage of case records;

c Endorses to PGAB all complaints relative to retirement benefits; s. t. Performs other duties pursuant to GHQ, AFP Cir Nr 13 dtd 25 Jul 96 on PM functions; and u.

Performs other task as directed by CG, PA.

Section 2-3 Basic Functions of the Deputy and Executive Officer

a. the Office. 2-2

Assists The Army Provost Marshal in the execution of the functions of

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Performs the duties and responsibilities of APM in his absence.

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Performs such other functions as the APM may direct.

Section 2-4 Basic Functions of Chief, Administrative Branch

a. the APM.

Receives and records all messages and correspondence intended for

b. Acts on all messages and correspondence and delivers outgoing communication to offices/units concerned. c. Insures that orders, correspondence and directives are acted on time as required/directed. d. Insures that all classified matters are handled and secured properly in accordance with AFPR-G 200-012. e.

Compiles necessary statistic records of OAPM.

f. Enforces observance of office regulations and discipline among enlisted personnel and civilian employees assigned at OAPM. g.

Procures and screens personnel for assignment to OAPM.

h. Process, maintain and issue appropriate office supplies and equipment and other requirements necessary for effective and efficient operations of the office. i. Coordinates with appropriate AFP agencies for the moral and welfare of both military and civilian personnel. j.

Performs such other functions as APM may direct.

Section 2-5 Basic Functions of Chief, Plans, Operations and Training Branch

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Supervises the following Army Police Operations:

1) Confinement, care, and rehabilitation of military prisoners in stockade, rehabilitation of training centers and hospital prison wards. 2) Control circulation of individuals and identification of military personnel in coordination with other agencies and similar control of civilian, if required.

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Plans, directs and supervises Army safety enforcement programs.

e. Recommends issuance of alarm for the apprehension of Army personnel on AWOL, deserters and absentees in the Command. f. Coordinates the apprehension of military offenders/civilians who commit offenses in the area of military jurisdiction. g.

Carry out such other functions as APM may direct.

Section 2-6 Basic Functions of Chief, Complaint and Investigation Branch

a. Issues summons and investigate cases of military personnel involved in offenses against person and properties, vehicular accidents, violation of military laws, rules and regulations and submit findings and recommendations pertinent thereto. b. Formulates policies, plans and programs for crime prevention in the PA to reduce incidence of violations of laws, rules and regulations. c. Maintains a case record and status of current investigation conducted as well as case logbook. d. Periodically review pending cases and provide guidance concerning such investigation and maintain case progress report of all investigations conducted. e. Insures all evidence/s are processed, safeguarded and disposed in accordance with investigation procedures. 2-4

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Carry out such other functions as APM may direct.

Section 2-7 Basic Functions of Chief, Legal, Research and Statistic Branch

a. Keeps and maintains a complete, current and centralized records of disciplinary cases of all military personnel of the PA and to render periodic reports to CG, PA thru G1 PA regarding the status of such cases. b. Compiles and monitor statistical and miscellaneous reference data and trends on the PA Wide disciplinary cases and to conduct research and studies of such cases and render assessment and analysis to include recommendation/corrective action in order to minimize if not prevent the commission of similar cases/offenses. c. Conducts studies and researches of laws, rules and regulations, policies, circulars, SOPs, directives and memoranda pertaining to discipline, law and order to determine, assess its currency/applicability and to recommend its amendments for revision and changes that may be deemed necessary. d. Directly responsible for the supervisions and control of all personnel, resources and activities in the Legal, Research and Statistic Branch. e.

Performs such other functions as APM may direct.

Section 2-8 Relationship with other Investigative Agencies and Concerned Units/ Offices The Office of the Army Provost Marshal collaborates with and engages in investigative activities to competent, assist, and help sustain investigations that are being conducted by the following offices: a.

Office of the Inspector General (OTIG)

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Office of the Army judge Advocate

The Office of the Army Provost Marshal may render similar assistance to and support the Army Judge Advocate in instances where a preliminary investigation or pre-trial investigation is being conducted, and in the service of process and units of the Trial Judge Advocate in court-martial proceedings, including processes of other military courts, boards or tribunals.

Section 2-9 Relationship with the Military Police The Provost Marshal and Military Police have concurrent jurisdiction to enforce the laws, rules and regulations, as well as to prevent and suppress acts inimical to the national defense of the Philippines, the security of military and public facilities and the integrity of the Philippine Army and personnel.

Section 2-10 Relationship with PA Major Subordinate Units

The Army Provost Marshal is under the functional jurisdiction of G1. It exercises technical supervision and coordinate activities of the Provost Marshals of the PA Major Subordinate Units.

Section 2-11 Logo/ Seal of Office of the Army Provost Marshal

The OAPM LOGO with the following symbolism: a. AFP Coat of Arms. - Represents the symbol of AFP wherein the Army belongs as one of the Major Service. b. Cross Revolver. - Symbolizes the police function inherent to the Provost Marshal works. It is similar to a cross rifle for infantry insignia. 2-6

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CHAPTER 3 INVESTIGATION Investigation are normally conducted for the purpose of providing APM, G1 or Commanders with complete and unbiased report respecting allegations against active military personnel, civilian employees, and other staff under the jurisdiction of the Philippine Army. Investigation is being done in an overt manner and treated the complainant and respondent equitably. It is essential and necessary that the investigator exercises good judgment, tact, and fair discretion in discharging his investigation mission. Investigators under the supervision of OAPM conduct investigation in the PA to include all its subordinate units. Section 3-1 Conduct of Investigation

In an administrative investigation, the investigator may conduct the investigation in the following manner: a. All complaints shall be accompanied by sworn statements or affidavit of the complainants and his witnesses as well as other supporting documents. The sworn statements or affidavits of the complainant and his/her witnesses shall be sworn to before the Investigating Office or notarized by a Notary Public. He shall examine them and satisfy himself that their statements/affidavits were voluntarily executed and understood by them. b. In entertaining a walk-in complainant, the investigator should first interview him/her to determine whether he/she has sufficient evidence to support his/her complaint/charges. If he/she cannot produce the necessary evidence, he/she should be advised accordingly. If he/she insists, the investigator should refer the matter to the Chief of Investigation Branch. On the other hand, if the evidence presented is sufficient to establish a prima facie case, the investigator shall prepare the necessary complaint sheet and thereafter refer the case to the unit/s where the respondent/s is/are assigned for appropriate action/investigation c. Statements/Affidavits of the complainants/respondents/witnesses which have been sworn to before a Notary Public or government officials duly authorized to administer oath shall be subsequently sworn to before the Investigating Officer or any Provost Marshal Officers in the place of investigation for affirmation purposes. Whenever necessary, the Investigating Officer may summon either or both parties or their witnesses and asks clarificatory questions. d. The Investigating Officer shall help either or both the complainant and the respondent and their witnesses in the preparation and execution of their affidavits if requested to do so. He shall see to it that he has given the complainant/s and respondent/s the opportunity to present evidence on his/her/their behalf. e. The Investigating Officer shall see to it that a personal confrontation between the complainant and respondent be made possible or set for a possible RESTRICTED

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Section 3-2 Receiving Complaint

A complaint can be considered meritorious if supported by the following: a.

Accomplishment of Complaint Sheet

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Sworn statement/Affidavit of the complainant(s)

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Statement of witness(es)

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Documentary evidence

Section 3-3 Walk-In Complaint

a.

Conduct interview to elicit facts and circumstances of the case.

b. Complainant to accomplish complaint sheet by himself/herself and/or with the assistance of the Complaint NCO/Investigator and sworn to before the Investigating Officer or notarized by a Notary Public. c. Complainant to support his/her complaint with sworn statement/Affidavit and that of the SS or Affidavit(s) of his/her witness(es) duly subscribed to before the Investigating Officer or notarized by a Notary Public. d.

Other documentary evidences relative to the complaint.

e. The NCOIC of Inves Branch will screen the complaint/s. If the complaint is already substantiated, the NCOIC of the Inves Branch will refer the same to the unit/s where the respondent/s is/are assigned for appropriate action /investigation. If the complaint is not substantiated, the NCOIC will advice him/her that he will not entertain his/her complaint. (Note: If the complainant filed already his/her complaint before other investigating agency within the AFP, said complaint should only be follow-up to avoid forum shopping).

Section 3-4 Screening of Letter Complaint and/or Cases/Complaint Referred For Investigation

a. Determine if the complaint is meritorious and/or supported by Sworn Statement and/or Affidavit of Complaint and that of his/her witness (es). If the 3-2

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Section 3-5 Dispositions of Complaint

a. Complaints made verbally or in writing or ventilated through newspapers or magazine/articles are the usual bases of administrative investigations. Complainants shall be confronted and required to execute duly notarized sworn statement to the effect that their charges are true, before any further investigation is conducted. b. Complaints and grievances of civilian employees to enhance wholesome and desirable employee management relations shall be handled and disposed in accordance with GHQ Circular No. 2 dated 11 January 1991, Subject: Employee Grievances Machinery, AFP. c. Anonymous complaints shall be handled and disposed in accordance with SOP No. 1 GHQ AFP dated 26 March 1993, Subject: Disposition of Anonymous Complaints/Reports and Ombudsman dated 29 May 1995 re Anonymous or Fictitious Complaint in relation to Sec 12 of RA 3019 otherwise known as the Anti-Graft and Corrupt Practices Act. d. Complaints received from whatever sources shall be referred to the unit or agency concerned and shall not be recorded as pending complaint of the investigating officers who referred the same. e. Information regarding any complaint i.e., action taken, status or final disposition shall be relayed to parties concerned immediately after the resolution of the issue with the approval of the Commander of the investigating unit. f. Any report and/or complaint received by any of the above stated investigative offices which do not fall under their investigative jurisdiction, shall immediately forward same to the cognizant office. Moreover, in no case will an office entertain any complaint not within his authority to investigate except as directed by CG, PA or higher authority.

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RESTRICTED g. In case of doubt as to which investigating office or unit has jurisdiction over a certain case, the same shall be resolved by referring it to the proper office Personnel Officer (G1) for appropriate action. h. If during investigation, a new offense(s) other than the specified charge is/are discovered, this will be taken into account and included as a separate offense even if the original offense is subsequently proven to be without basis. The respondent shall be properly informed and requires to answer the same. i. Cases originally filed and resolved in the lower units of either PM, TIG or OESPA but were later refilled/revived by the complainant for reinvestigation shall not be referred back to the lower units but shall be acted upon by the cognizant higher agency accordingly. j. Administrative investigation of a certain complaint shall proceed independently and simultaneously from the civil and/or criminal proceeding pending in the civil court even though both arose from one and the same complaint.

Section 3-6 Submission of Reports

Reports of investigation and its corresponding recommendation shallbe submitted by PMconcerned to CG, PA thru G1 for approval or disapproval.

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RESTRICTED CHAPTER 4 PROCEDURE

Section 4-1-Due Process

No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Section 4-2 Administrative Due Process

The Command does not countenance the imposition of administrative punishment to erring military personnel without due process of law. Nor it does not abet the dismissal and dropping of cases against military personnel without giving the complainant the chance to substantiate his/ her allegations. Copies of affidavits, documentary evidence, investigation reports and the written notice of resolution (except documents concerning internal communications between staffs/ commander such as DFs, or documents concerning national security and public interest) shall be furnished to the respondent and to the complainant by the Officer/ Unit investigating/ deciding the case. In no case shall any Unit or Officer concerned refuse to provide the respondent/complainant any of the documents stated. 1. Complaints/ reports – How initiated? The following condition shall trigger the conduct of investigation/ s: a.

As directed by Higher Headquarters

b.

As personally determined by the investigating Officer/ Authority; and

c. Upon the filing of a valid complaint by any party, (military or civilian, natural or juridical). Investigators: As a general rule, investigators shall be higher rank than the personnel being investigated. Investigation teams should be headed by an Officer of senior rank than that of the person under investigation. In no case shall an enlisted personnel investigate an officer.

2. Jurisdiction: If a Unit Commanding Officer determines that he has no authority to make a proper disposition of a case against military personnel under his command, he shall refer the same, to include his findings and recommendation to a superior commander in the chain of command for proper disposition. In no case shall a Commanding Officer, dispose of a case which is not within his jurisdictional authority.

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Inapplicability of Double Jeopardy:

a. The imposition and enforcement of administrative punishment for any act or omission under this directive shall not be a bar to trial by court martial or before the civil court for as serious criminal offense arising out of the same act or omission. (Example: Imposition of reprimand/ admonition shall not prevent the case to be elevated for GCM or civil court proceedings.) b. Although Double Jeopardy, as a procedure, does not lie in administrative cases, the principal behind, if not observed, would be contrary to equity and substantial justice if the respondent will be penalized for an act which he has already answered for (De Vera vsLayague, Admin Matter No. RTJ-93-986). However, upon review of the case on appeal, and substantial evidence shows that the initial penalty imposed is not commensurate to the offense as charged, imposition of the commensurate punishment shall be allowed. c. Appreciation of Evidence: for arrest, action under A.W. 105 or investigation to take place, a showing of probable cause is all that is needed, but substantial evidence shall be needed for deciding the case, For GCM cases, in the conduct of pre- trial investigation (pre-hearing), prima facie evidence should be appreciated; and for conviction, proof beyond reasonable doubt. d. Biased Decisions/ Investigations: Investigators and/ or approving authority who in the conduct of their investigations/ decision are found to be willfully biased, partial or in bad faith shall be likewise subjected to administrative sanction/s equal or commensurate to the punishment imposed to the respondent. A reinvestigation shall then be conducted by the next higher command. e. Civilian Employees: Cases concerning civilian employees shall be governed by circular 6, series 2001 Subject: Administrative Cases against civilian personnel in the AFP, (ref. g)

f. Delays and Inaction: Any commanding officer/ investigating officer who refuses to act or delays action on a valid complaint against a person under his command/ authority, or refuses or delays to impose punishment when warranted by the evidence, or otherwise aid or abets wrongdoing of a subordinate shall be subjected to action under AW 105 by his immediate superior officer or punished as the courts martial may direct.

g. Appeal – Request, usually by a party losing a case in a lower command to a higher (appellate) command, to reverse or modify the lower commands’decision.

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RESTRICTED Section 4-3 Disposition of Administrative Case Against Civilian Employee

No official or employee in the Civil Service shall be removed or suspended except for cause as provided by law and after due process. No complaint against an official or employee shall be given due course unless the same is in writing and subscribed and sworn to by the complainant, except if from the face of an anonymous complaint there are substantial leads which would establish the existence of the offense, then an investigation on the matter maybe ordered. The head of the office shall take initiative in filing the formal charge against the official or employee concerned.

In meting out punishment, the same penalties shall be imposed for similar offenses and only one penalty shall be imposed in each case. An admonition as a warning shall not be considered a penalty. Application of penalties in administrative cases shall be governed by Rule IV Penalties, Civil Service Commission Resolution Nr 991936 dtd 31 Aug 99, Subject: Uniform rules on Administrative Cases. The reassignment of an official or employee from one organizational unit to another in the same command without reduction in rank or salary when made in the interest of the service and not arising from administrative action shall not be considered.

Section 4-4 Disciplinary Jurisdiction

The Civil Service Commission shall decide upon appeal on all administrative cases involving the imposition of a penalty of suspension of all employee for more than thirty (30) days salary, demotion in rank or salary or transfer, removal or dismissal from the service. Commanders of Major Services and the Deputy Chief of Staff, AFP in the case of GHQ, AFP Wide Support and Separate Units and Area Commands as disciplinary authorities shall have jurisdiction to investigate and decide matters involving disciplinary action against officials and employees under their jurisdiction. The decision shall be final in case the penalty imposed is suspension for not more than thirty (30) days salary. In case the decision rendered is appealable to the Civil Service Commission, the same maybe initially appealed to the Secretary of National Defense and finally to the Civil Service Commission and pending appeal, the same shall be executory only after confirmation by the Secretary of National Defense. As investigation may be delegated to a duly designated military investigating officer, civilian official with investigative background for second level position holders and Investigating Non-commissioned officer (NCO),or civilian official for first level position holders who shall make the necessary report and recommendation to the Head of Office, endorsed to the investigating body for formal investigation to the Commanders of respective Major Services or The Deputy Chief of Staff for GHQ, RESTRICTED

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RESTRICTED AFPWSSUs and ACs, for decision and further endorsement to the Secretary of national Defense for confirmation, as the case may be.

Section 4-5 Preventive Suspension

The proper disciplining authority may preventively suspend any subordinate official or employee under his authority pending an investigation. If the charge against such official or employee involves dishonesty, oppression, or grave misconduct, or neglect in the performance of duty or if there are strong reasons to believe that the respondent is guilty of the charges which would warrant his removal from the service.

Section 4-6 Lifting of Preventive Suspension Pending Administrative Investigation

When the administrative case against the official or employee under preventive suspension is not finally decided by the disciplining authority within the period of ninety (90) days after the date of suspension, the respondent shall be automatically reinstated in the service; Provided that when the delay in the disposition of the case is due to the fault of the respondent, the period of delay shall not be counted in computing the period of suspension herein provided.

Section 4-7 Filing of Appeal

After a decision has been rendered on the case, the parties or their counsels are furnished with a copy of the decision. Where a party is not satisfied with the decision, the same maybe initially appealed to OSND, finally to the Civil Service Commission. Pending approval the same shall be executory except when the penalty is removal, in which case the same shall be executory only after confirmation by SND.

Section 4-8 Grievance Machinery

On matter of grievances emanating from employees expressing dissatisfaction with some aspects of his working conditions, relationships or status which employee feels to have been ignored or overridden maybe addressed or resolved by the AFP Grievance machinery under Circular Nr 2, GHQ dated 11 January 1993.

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CHAPTER 5 CLASSIFICATION OF OFFENSES

5-1 Determination of Gravity of Offense

Gravity of offenses shall be determined depending on its nature, the time and place of its commission, the person committing it, the offended party and other circumstances surrounding its commission. Upon the determination of probable cause, the investigating officer may recommend for the elevation of the case to the following offices/ board: OESPA – for grave acts related to violations of RA 3019 (Anti Graft and Corrupt Practices Act); APM – for cases of personnel misbehavior and misconduct (Common Offenses/ Crimes); AIG – for all the cases of graft classified as less grave and light offense not taken up by either the OESPA or the APM (that affect morale, unit efficiency or even security); and PAESB for misconduct or inefficiency of Officers as covered by EO 337 and GHQ circular 13 dtd 11 Aug 00. Gravity of offense shall be classified into Minor, Less Grave and Grave Offenses.

Section 5-2 Minor offenses

Refers to acts or omissions punishable by authorized punishments ranging from admonition to demotion. 1.

Conduct of Investigation

a. Whenever a unit commander, directed by higher headquarters, or has determined personally that there exist sufficient grounds to believe that personnel, within his command, committed acts or omissions punishable under AFP/PA Administrative rules shall immediately cause the conduct of Summary Investigation, by himself or by any officer under his Command. Such investigation shall be completed within seven (7) days reckoned from the date the report came to his attention. b. Board Action is not required. Nevertheless, the respondent personnel shall be given an opportunity to be heard, to present evidence in his behalf and to refute evidence against him (as far as practicable written explanation shall be required). Where the respondent personnel refuses or fails without justifiable reason to appear, be heard or present evidence in his behalf, the investigating officer shall take note of this fact and shall complete his investigation with the reception of all pertinent and competent evidence and submit his findings and appropriate recommendation to the next higher level of command. However except in cases of AWOL or desertion or in cases where physical control is not effective, the personnel shall be tried in absentia.

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Resolution

a. Basing on the aforesaid findings and recommendation of the investigating officer, the unit commander concerned shall determine whether the case and/ or the appropriate punishment are within his authority. If within his authority, unit commander concerned shall decide and impose the appropriate administrative punishment. If the unit commander concerned finds that the appropriate punishment for the offense committed is not within his authority, he must endorse it, together with all the records and his recommendation, to his immediate superior commanding officer for the latter’s appropriate action. b. Except for reprimand/ admonitions, a notice in writing shall be served to the respondent prior to the implementation of the punishment/ penalty imposed. A receipt shall be provided to this effect. Such documents shall form part of the unit punishment records. 3. Review: The superior commanding officer may review the case or directs the conduct of re-investigation for the purpose of arriving at a fair decision.

Section 5-3 Less grave offenses

Refers to acts or omissions punishable by authorized punishments ranging from demotion to discharge under honorable condition, and/ or separation from the service in case of Officers. 1.

Conduct of Investigation

a. Whenever a unit commander, directed by higher headquarters, or has determined personally that there exist sufficient grounds to believe that a personnel, within his command, committed acts or omissions punishable under AFP/PA Administrative rules classified under less grave offenses shall immediately caused the conduct of Summary Investigation, by himself or by any officer under his Command. Such investigation shall be completed within seven (7) days reckoned from the date the report came to his attention. b. Board Action is not necessary; however, the respondent personnel shall be given the opportunity to be heard, to present evidence in his behalf and to refute evidence against him (as far as practicable – written explanation). The refusal or failure to appear without justifiable reason, after due notice, shall constitute as a waiver to present evidence in his behalf. Where the respondent personnel refuses or fails without justifiable reason to appear, be heard or present evidence in his behalf, it shall be interpreted as a waiver. The investigating officer shall take note of this fact and shall complete his investigation with the reception of all pertinent and competent evidence and submit his findings and appropriate recommendation to the next higher level of command. However, except in cases of AWOL or desertion or in cases where physical control is not effective, the personnel shall be tried in absentia.

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RESTRICTED 2.

Resolution

a. The commanding officer/ investigating officer shall determine whether the case and/or the appropriate punishment are within his authority. If within his authority, unit commander concerned shall decide and impose the appropriate punishment (in cases of discharge, it will be subject to CG, PA’s confirmation and characterization). If the unit commander concerned finds that appropriate punishment for the offense committed is not within his authority, he must endorse the same together with all the records and his recommendation, to his immediate superior commanding officer for the latter’s appropriate action. b. Except for reprimand/ admonitions, a notice in writing shall be served to the respondent prior to the implementation of the punishment/ penalty imposed. A receipt shall be provided to this effect. Such documents shall form part of the Unit punishment records and case folder. 3. Review. The superior commanding officer may review the case or directs the conduct of re-investigation for the purpose of arriving at a fair decision.

Section 5-4 Grave offenses

Refers to acts or omissions punishable by discharge from the service without honor or separation from the service in case of Officers. a. Conduct of Initial Investigation Whenever a unit commander, directed by higher headquarters, or has determined personally that there exist sufficient grounds to believed that a personnel, within his command, committed acts or omissions punishable under AFP/ PA Administrative rules classified under Grave Offenses shall immediately caused the conduct of Summary Investigation, by himself or by any officer under his command. Such investigation shall be completed within seven (7) days reckoned from the date the report came to his attention. b. The commanding officer/ investigating officer shall determine whether the case falls under the following jurisdiction: 1)

GCM

2)

ESB

3)

A.W. 105

4)

Circular 17 (EP)

5)

Circular 6 (CE)

c. If the case falls under A.W. 105 and/ or Circular 17, and the appropriate punishment is within his authority as prescribed, the unit commander concerned shall decide and impose the appropriate punishment. RESTRICTED

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Referral

1) If the case falls under the jurisdiction of the GCM, he shall recommend or cause the convening of a GCM and forward the case for the conduct of Pre-Trial Investigation. Major Subordinate Units may convene their own General Courts- Martial to try Grave offenses punishable under AW. 2) If the case falls under the jurisdiction of the ESB, he shall forward the case (thru Channel) to CG, PA (Attn: G1) for appropriate disposition. 3) Cases involving violation of AWs 93 (Murder-Rape) and 94 (Various Crimes) shall be forwarded by major Subordinate Unit Commanders to the nearest appropriate civil authorities for the prosecution of the criminal aspect of the case. This action, however will not bar the command in ordering the conduct of appropriate investigation for the purpose of determining the administrative liability of the erring personnel. The crimes and offenses denounced in A.W. 65, 67, 68 and 93 are capital at all times; those denounced by A.W. 59, 60, 76-79, 82, 83 and 87 are capital if committed in time of war. (Page 12, Manual for Courts-Martial, AFP) e. In all cases, the respondent personnel shall be given the opportunity to be heard, to present evidence in his behalf and to refute evidence against him. The refusal or failure to appear without the justifiable reason, after due notice, shall constitute as a waiver to present evidence in his behalf. Nonetheless, the investigating officer shall take note of this fact and shall complete his investigation with the reception of all pertinent and competent evidence and submit his findings and appropriate recommendation. f. Commanding Officers of Major Subordinate units shall direct their respective Provost Marshals to conduct investigation/ reinvestigation of all grave offenses.

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CHAPTER 6 REMEDIES

Section 6-1 Appeals

Personnel administratively punished who consider his punishment unjust or disproportionate to his offense may, through proper channel, appeal to the next superior authority, but may in the meantime be required to undergo the punishment adjudged. As a general rule, appeals for decided cases should be forwarded to the next higher level of command within thirty (30) days reckoned from the date when formal notice is given to the respondent/ offender for the imposition of the punishment,

Section 6-2 Minor offenses

Minor offenses – Appeals for decided cases should be forwarded to the next higher level of command within thirty (30) days reckoned from the date when formal notice (if practicable, written notice of the outcome of investigation/ decision with reasons why such punishment should be imposed) is given to the respondent/ offender for the imposition of punishment.

Section 6-3 Grave and Less Grave Offenses

Grave and Less Grave offenses – A person punished by demotion/ discharge or separation from the service who deems that the same is unjust or disproportionate to the offense may appeal to the Commanding General, Philippine Army for the nullification of his/ her demotion/ discharge order, not later than thirty (30) days reckoned from the date when formal written notice is receive by the demoted/ discharged personnel from the Adjutant of the demoting/ discharging authority. Adjutants of Major Subordinate Units shall furnish a copy of delivery receipt of the demotion/ discharge orders and other allied documents (Affidavits, Investigation Reports, Documentary Evidence) to G1, PA (Attn: Chief, DLO Br) An appeal not made within the aforesaid prescribed period, without any justifiable reason/s, will be rejected and the character discharge shall merely be determined. Appeals for nullification of discharge orders which are based on newly discovered evidence shall be filed within five (5) years reckoned from the date of publication of discharge order.

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RESTRICTED CHAPTER 7 PERIOD OF DISPOSITION OF CASES

Section 7-1 Disposition of Cases

Disposition shall refer to the process done by a Major Subordinate Unit as regards to the conduct of investigation to the final resolution of the case. The period covered shall be reckoned from the receipt of complaint/ report up to the resolution of the case, Commanders shall dispose of cases within the following periods: a.

Minor Offenses – 15 days

b.

Less Grave Offenses – 30 Days

c.

Grave Offenses - 45 Days

Section 7-2 Reporting System

Major Subordinate Unit’s periodic reports regarding the disposition of cases (containing the names, number, nature, status, recommendation, and/ or action taken of Units) shall be forwarded to CG, PA (Attn: G1) on a monthly basis.

Section 7-3 Estoppel by Laches

Legal ban arising where a party negligently or unreasonably delays asserting claim. Inaction (prosecution) by the offended/ reporting party within a period of time reckoned from the commission/ discovery of the offense. Complaints filed after the periods as indicated herein shall be out rightly (no investigation needed) dismissed: a.

Minor Offenses – six (6) months

b.

Less Grave – one (1) year

c. Grave Offenses – two (2) years, except for desertion, murder, rape, mutiny or war offenses and other cases under Revised Penal Code with respective prescriptive periods.

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RESTRICTED CHAPTER 8 MISCELLANEOUS

Section 8-1 Issuance of Clearance/ Certification Clearance/certification shall be issued upon the written request of the unit commander or any active commission officer duly authorized by the commander, of the military/civilian personnel subject of the request for clearance/certification.

Section 8-2 Referral of Complaint to Major Subordinate Unit

All complaint shall be forwarded to the major subordinate units of the personnel subject of the complaint, in compliance to para C.2.h, Annex A (Personnel) to Program Development Guidance FY 2013) resolution of disciplinary cases shall be done at the lowest possible unit. Upon the final resolution of the case, the referred complaint shall be forwarded back to Commanding General, PA (Attn: Army Provost Marshal) for evaluation and recording purposes. Cases evaluated by the Army Provost Marshal shall be forwarded to G1, PA for appropriate action.

Section 8-3 Citizen Armed Forces of the Philippines Reservist The procedures prescribed in this manual shall be applicable to Citizen Armed Forces Reservist as defined under Republic Act 7077 pursuant to the Constitutional Provision of the 1987 Philippine Constitution. Clearance/certification shall be issued upon the request of the military personnel through his unit commander or any active commission officer duly authorized by the commander of the personnel subject of the request for clearance.

Section 8-4 General Provision

a. Affidavits of Desistance: Execution of an affidavit of desistance by the complainant shall not cause the dismissal or dropping of administrative cases. It will not relieve the offender from administrative liability, if there is substantial evidence as to the offense committed. b. Demotions: Demotions of enlisted personnel shall be under the delegated authority of the following Major Unit Commanders without the need of confirmation by CG, PA:

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RESTRICTED c.

Discharges:

1) All discharges of Enlisted Personnel shall be subject to confirmation and characterization by the Commanding General, PA. 2) If the appropriate punishment for the acts or omissions committed is discharge from the service, unit commander/ discharge authority concerned shall cause the issuance of discharge orders and effect the discharge from the service of the erring enlisted personnel. d. Effect of Death: Death of the respondent/s prior to the final resolution of his case shall have the effect of exoneration from administrative liability. e. Guide for Commanders: Moral certainty is sufficient to guide a unit commander in rendering decision over cases involving military personnel under his command. f. Punishment under AW 105 shall be final and executory which shall be reflected in the unit punishment book and the MPF of the erring personnel and thereafter the case shall be considered closed; Provided that the penalty imposed is commensurate to the offense committed; Provided further that punishments with the penalty of demotion shall be forwarded to the appropriate authority for final disposition. g. Res Judicata/ Prior Judgment: Prior judgment of administrative cases shall bar the prosecution of the same case, involving the same parties, same cause/s of action and before the same disciplinary jurisdiction. h. Relief of Personnel: relief from unit assignment shall not be interpreted as punishment. After the formal charge/ s has been served to the respondent/ s, for less grave and grave offenses, he/ she shall be relieved from his present position and place a/u with the headquarters Service Bn/ Coy of the Major Subordinate Unit for the purpose of investigation. For cases referred to ESB and GCM within HPA, the respondent shall be placed a/ u HHSG, HPA. i. Referred cases from HPA to Major Subordinate Units: Referred cases for investigation/ resolution shall be addressed/ resolved by concerned Major Subordinated Units within the period specified in paragraph 6, hereof, or as directed by the referring authority, from receipt thereof. The resolution of the case together with a copy of the complete case records shall be forwarded to the referring office within (5) days from the date of resolution. Failure to comply with this provision, without justifiable reason, shall be a ground for imposition of punishment such as reprimand/ admonition to concerned offender. A notice of the order of finality/ action taken shall be forwarded, thru channel, to the referring Office (Civilian or Military).

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ANNEX A

Lineage of the Provost Marshal of the Philippine Army 1)

LTC JACOB F QUIRANTE O-29916 (INF) PA (Actg) 23 Jul 58-31 Oct 58

2)

LTC ZURELIO LUCERO O-2081 AGS (GSC) PA 01 Nov 58-15 Jan 59

3)

LTC BANJAMIN R BACOSA O-2244 (INF) PA (Actg) 16 Jan 59-30 Nov 60

4)

LTC RUFINO J PALMA O-2169 (GSC) PA 01 Aug 59-31 Jul 59

5)

LTC MELCHOR A ACOSTA O-1683 (GSC) PA 01 Dec 60-05 Jul 61

6)

COL ALBERTO J ENRIQUEZ O-2121 (GSC) PA 06 Jul 61-28 Feb 62

7)

LTC JOVITO A PAVELA O-4741 (INF) PA (Actg) 01 Mar 62-23 Sep 62

4)

LTC DAVID A VENTURADO O-2496 INF (GSC) PA 24 Sep 62-24 Oct 62

8)

LTC JOSE A MUNOZ O-2539 INF (GSC) PA 25 Oct 62-28 Feb 63

9)

COL RAFAEL G ARCE O-2123 (GSC) PA 01 Mar 63-09 Sep 64

10)

COL ARSENIO L TORRES O-2337 (GSC) PA 10 Sep 64-30 Sep 68

11)

LTC CELSO C RAMIENTO O-2585 (GSC) PA 01 Oct 68-02 Nov 68

12)

COL CRISPIN P LEGASPI O-2717 (GSC) PA 03 Nov 69-24 Oct 70

13)

COL RENATO A SISON O-2830 (GSC) PA 25 Oct 70-09 Dec 71

14)

COL BIENBENIDO E SALTING O-3226 (GSC) PA 10 Dec 71-15 Sep 75

15)

LTC FLORECNCIO B ARREOLA JR O-83234 (INF) PA 16 Sep 75-31 May 76

5)

COL RODOLFO P COMMANDANTE O-84707 (INF) PA 01 Jun 76-30 May

78 16)

COL ANTONIO L CABALLERO O-37077 (GSC) PA 01 Jun 78-05 Dec 78

17)

LTC NORE C AGOS O-88946 (INF) PA (Actg) 06 Dec 78-15 May 79

18)

COL JOSE P ESPINOSA O-3745 (GSC) PA 16 May 79-16 Feb 81

19)

COL JUAN C RESMA O-4238 INF (GSC) PA 16 Feb 81-05 Jul 82

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A-1

RESTRICTED 20)

COL ARTURO T MONASTERIAL INF (GSC) PA 05 Jul 82-16 Dec 86

21)

COL DOMINADOR A CATIBOG JR O-4480 (GSC) PA 16 Dec 86-01 Jul 88

22)

COL SILVESTRE S QUISEL O-95243 (GSC) PA 01 Jul 88-31 Jul 89

23)

COL HILARIO L BAYABOS O-4958 (GSC) PA 31 Jul 89-01 Sep 91

6)

LTC VICENTE P LUSTRE O-97504 (INF) PA (Actg) 01 Sep 91-16 Oct 91

7)

COL HILARIO L BAYABOS O-4958 (GSC) PA (Actg) 16 Oct 91-11 Nov 91

A-2

24)

COL ROBERTO S MORE O-96264 (GSC) PA 11 Nov 91-16 Jul 96

25)

COL ANTONIO S YRREVERRE O-98956 (GSC) PA 16 Jul 96-31 Jul 00

26)

COL DIONISIO A TORINA O-6293 (GSC) PA 31 Jul 00-15 Dec 00

27)

COL FRANCIS R ABELLA 102643 (GSC) PA 15 Dec 02-04 Jul 03

28)

COL RODRIGO C ROSQUETA 108010 (GSC) PA 04 Jul 03-16 Feb 04

29)

COL ROBERTO C VER O-6571 INF (JCSC) PA 16 Feb 04-16 Sep 04

8)

COL JOSE R RECUENCO O-104243 INF (GSC) PA 16 Sep 04-14 Mar 06

30)

COL CELSO M ARCILLA O-109642 INF (GSC) PA 15 Mar 06-20 Nov 08

31)

MAJ CRESENCIO C LIBOON (QMS) PA 20 Nov 08-15 Jan 09

32)

COL BENEDICTO M JOSE 0-8775 MNSA, PA 15 Jan 09 to date

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ANNEX I AFP REGULATIONS AFPRG 131-472

REPUBLIC OF THE PHILIPPINES DEPARTMENTOFNATIONAL DEFENSE GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES Camp General Emilio Aguinaldo, Quezon City

08 April 1995 AFP REGULATIONS AFPRG 131-472 MILITARY DISCIPLINE AND WELFARE APPREHENSION OF ABSENTEE WITHOUT LEAVE AND DESERTERS

TABLE OF CONTENTS

Paragraph

Statutory Provisions 1 Definition of Terms Excessive Rate of AWOL and Desertion Involuntary Absence Without Leave Action Required When AWOL or Desertion Occurs Apprehension Preparation and Disposition of Reports 7 Absentee in the Hands of Civil Authorities Who is Facing Criminal Charges Return of Absentees and Deserters to Military Control 9 Status of Absentees 10 Erroneous Report of AWOL Property and Personal Effects Pay, Allowances and Allotments Monthly Report of Absentees and Deserters Penal Clause Suppression 16

2 3 4 5 6 8

11 12 13 14 15

1. STATUTORY PROVISIONS. Articles of War 2, 38, 56 to 62 Inclusive, 105, 107 and 109 (CA 408, as amended by RA 242). 2.

DEFINITION OF TERMS.

a. Absence without Leave (AWOL). The status of a person subject to military law who fails to report at the fixed time to the proper place of duty, or goes away from the same without proper leave, or absent himself from his command, guard, quarters, station or camp without proper leave (Refer to AW 62, as amended by RA Nr 242). b.

Absentee. One who is absent without leave RESTRICTED

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c. Desertion. In general, desertion constitutes absence without leave accompanies by intent to remain away permanently or to avoid hazardous duty or to shirk important service. (Refer to AW 58, as amended by RA Nr 242). d. .Involuntary Absence. Absence by a person, who has been entrapped, induced or in any other manner caused to become absent for reasons beyond his control. e. .Military Authorities. The term “military authorities” will be construed to refer to authorities of any or all of the Armed Forces of the Philippines. f. Dropped from Rolls of Organization. The administrative procedure by which the name of an individual is deleted from the rolls of an organization (company and higher commands) and his personal records are indorsed to The Adjutant General (see subpara 11a below). This is a strength accounting procedure, involving a coincident administrative determination of desertion, but does not affect the individual’s discharge from the service. The name of the absentee or deserter shall be deleted from all records of his unit and higher headquarters. g. Return to Military Control. This term applies to absentees or deserters who have been delivered to, or who have surrendered themselves to, or have been apprehended by military authorities. 3. EXCESSIVE RATE OF AWOL AND DESERTION. Higher commanders shall impress upon their subordinate commanders that the prevention of AWOL and desertion is an attribute of a successful commander and that its non prevention is a reflection on leadership which maybe a bar for career enhancement. Commanding Officers of all echelons of command shall frequently check the number of absentees from subordinate units and, whenever the rate appears to be excessive, they shall cause an inquiry on the state of training, discipline and leadership of the organizations concerned, for the purpose of taking remedial action. 4. INVOLUNTARY ABSENCE WITHOUT LEAVE. Commanding Officers shall be especially watchful for evidence of the use of involuntary absence as an excuse to rid organizations of personnel considered undesirable. Offenses of this nature shall be dealt with utmost severity. 5.

ACTION REQUIRED WHEN AWOL OR DESERTION OCCURS.

a. All commanders shall take vigorous steps to apprehend absentees when an unauthorized absence becomes known. The responsibility of commanders concerned is not discharged by merely taking the initial steps set forth below; they must follow up required action with all possible effectiveness. b. In case of absence without leave, the officer responsible for administrative procedures shall make appropriate entries in AFP AGO Form Nr 45 (Descriptive List of Absentees Wanted by the Armed Forces of the Philippines) and

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RESTRICTED shall furnish copies of the same to the Major Service Commander or Area Commander having command jurisdiction over the absentee. c. In cases of desertion, AFP AGO Form Nr 45 shall be accomplished by the administrative or personnel officer concerned and shall furnish copies of the same as follows: (1) Two (2) copies to The Adjutant General, AFP (Attn: The Provost Marshal General). (2) One (1) copy to the Major Service Commander and the Area Commander having command jurisdiction over the absentee. d. The Provost Marshal General, AFP shall cause copies of the said form to be circularized to all Major Service Commanders, Area Commanders and Commanding Officers of all separate AFP units. In case the absentee is not apprehended within a reasonable length of time, a copy shall be forwarded to the National Bureau of Investigation. Copies shall also be furnished to civilian law enforcement agencies covering the absentee’s residence, and those of any other place where he is likely to be found. e. The Major Service Commander or Area Commander of the absentee shall circularize the information to all units in his command by giving the description of the absentee on AFP AGO Form Nr 45 (Descriptive List of Absentee Wanted by the AFP). f. The Unit Commander of the absentee shall notify the nearest relative by telegram or mail that subject personnel is on AWOL, or has deserted from his unit. 6. APPREHENSION. All possible means of apprehending an absentee or deserter by military and civil authorities shall be resorted to. When a post, camp, station or Unit Commander receives information from a civilian officer that he intends to arrest, or has arrested an absentee or deserter, the Commander shall ascertain the status of the absentee or deserter from The Adjutant General, Armed Forces of the Philippines. Upon the apprehension of the absentee or deserter by the civil authorities, the post, camp, station or Unit Commander shall take immediate steps to have the arrested absentee or deserter confined in a military installation pending receipt of instructions regarding his disposition. a. Any post, camp, station or Unit Commander who has apprehended, or has in his custody, an absentee or deserter shall make this fact known by the fastest available means of communication to The Adjutant General, Armed Forces of the Philippines, and shall request instructions for the disposition of the absentee or deserter. b. When dropped from rolls of the organization as a deserter see subpart 11a below.

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RESTRICTED 7. PREPARATION AND DISPOSITION OF REPORTS. The following records and allied papers shall be prepared and completed or authenticated as necessary, when the status of the individual is changed from AWOL to dropped from rolls of the organization, and shall be forwarded to The Adjutant General, AFP. a. Authenticated copy of AFP AGO Form Nr 45 (Descriptive List of Absentees Wanted by the AFP). b. Extract copy of Morning Report properly authenticated to show the initial change of status to AWOL, together with the hour and date; and the change of status from AWOL to dropped from the rolls of the organization. c. Report on the probable reason of absence, and latest known home address of the individual concerned, as well as any evidence of intent not to return, to avoid hazardous duty, to shirk important service, or to avoid demobilization. d. Service Record of similar records in the case of commissioned officers shall be indorsed on the next unused endorsement showing the date he was on AWOL or have deserted from his station. e.

Authenticated copy of the EP’s Enlistment Record.

f. Filed Military 201 File on the individual including any charges which were not finally disposed of prior to absence, together with any pre-trial disposition which may have been taken. g. Soldier’s Qualification Card for enlisted personnel and the Officer’s Qualification Card (AFP AGO Form N 66-1) for officers, as the case may be. h. Individual clothing and equipment card for enlisted personnel (WD AGO Form Nr 32). i.

Authenticated copy of the report of medical examination.

j.

Authenticated copy of the Dental Record of the absentee.

k.

Authenticated copy of the personnel’s Pay Record.

l.

Disbursing Officer’s Receipt for money deposited.

m.

Authenticated copy of inventory of personal property.

8. ABSENTEE IN THE HANDS OF CIVIL AUTHORITIES WHO IS FACINGCRIMINAL CHARGES. - When information is received that an absentee is in the hands of civil authorities and is facing criminal charges before a civil court, the officer receiving such information shall immediately take the following action:

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RESTRICTED a.

Ascertain the identity of said absentee and the criminal charges

against him. b. Communicate with the Commanding Officer of the absentee in order to ascertain his proper status. c. Notify The Adjutant General, AFP (Attn: The Provost Marshal General) by the fastest available means. 8. RETURN OFABSENTEES AND DESERTERS TO MILITARY CONTROL Commanders of posts, camps and stations or Unit Commanders shall take the following action upon return of absentee or deserter to military control: a. If the absentee or deserter returns to his proper post, unit, camp or station, the Commanding Officer concerned shall: 1) Prepare and distribute AFP AGO Form Nr 46 (Report of Return of Absentee from the AFP) to all persons/units who were furnished copies of AFP AGO Form Nr 45. 2) Advise the Chief of Staff, AFP (Attn: The Provost Marshal General) by the fastest available means. b. If absentee or deserter returns to military control through any unit, post, camp or station other than his own, the Commanding Officer concerned shall advise the Chief of Staff, AFP (Attn: The Provost Marshal General) and the CO of the absentee or deserter by the fastest available means of communication and shall request dispositive instructions. Upon the return of an absentee or deserter to military control, the Commanding Officer of the post, camp or station to which the absentee or deserter initially returned shall inquire into the individual’s physical and mental fitness for further military service, and shall accordingly inform the Chief of Staff, AFP (Attn: The Provost Marshal General) and the Commanding Officer concerned of the physical and mental fitness of such individual. c) In case military personnel had been captured and maltreated by the enemy after which they were able to escape back to military control, they should be referred to a military hospital to undergo thorough physical, medical, and if need be, psychiatric examinations, to determine their fitness to serve once again the armed forces. After their hospitalization, they shall be assigned back to their mother unit. d) Upon receipt of the copy of AFP AGO Form Nr 46 (Report of Return of Absentee from the AFP). The Provost Marshal General shall circularize this fact by furnishing copies of this form to all persons/units who were furnished copies of AFP AGO Form Nr 45 (Descriptive List of Absentees Wanted by the AFP). e) In case the unit or organization of the absentee has been deactivated during his absence or when the post, camp or station commander to which the absentee returned military control can not communicate with the

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RESTRICTED absentee’s Unit Commander for any reason, instructions for the disposition of the absentee shall be requested from The Adjutant General, AFP. 11.

STATUS OF ABSENTEE.

a. An absentee shall be accounted for on the rolls of his organization for ten (10) consecutive days counted from the initial date of his unauthorized absence. On the eleventh day, he shall be dropped from the rolls as a deserter. b. An absentee shall not be dropped from the rolls of his organization when reliable information is received prior to the tenth day of his absence that he is in the hands of civil authorities. c. Whenever personnel’s status changes from AWOL or deserter to absentee confined in the hands of the civil authorities, The Adjutant General, AFP, will be so informed by fastest available means of communication and a full written report relative thereto shall be submitted through usual channels. d. An absentee who returns to military control to any unit not his own shall be carried in the rolls of the unit as “attached unassigned” and although entered as such, he may be confined or assigned duties by the CO of the unit concerned. e. If an individual is AWOL and returned to his unit in less than ten (10) days, his Unit Commander shall determine the proper disposition of the case in accordance with existing regulations. If trial by court-martial is indicated, charges shall be prepared in the usual manner, and the case brought to trial without delay. 12. ERRONEOUS REPORT OF AWOL. When an individual has been unable to return or report because of circumstances beyond his control, and has been erroneously reported AWOL or in desertion through no fault of his own, the following action shall be taken. a. The Adjutant General, AFP, and all parties to whom copies of AFP AGO Form Nr 45 were furnished shall be advised of such erroneous report. b. All entries in the records pertaining to the alleged absentee shall be clearly indicated, initiated and dated. c. A corrected morning report entry shall be made and all written records shall be changed accordingly. d. Appropriate and immediate action shall be taken to reinstate any suspended allotments and allowances which were in effect at the time of the alleged unauthorized absence. 13. PROPERTY AND PERSONAL EFFECTS. a. When an individual absents himself without leave, the Unit Commander shall cause the public property including clothing, which are the I-6

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RESTRICTED personal responsibility of the absentee, and his personal effects to be secured. The personal effects shall be inventoried in triplicate (Inventory of Personal Property) and turned over to the unit supply officer for safekeeping pending return of the individual, or for disposition in accordance with existing regulations. The ownership of personal clothing shall be determined. Where title thereto has rightfully passed to the absentee, such clothing shall be regarded as his personal effects and should be handled accordingly. Where title remains in the Government, appropriate credits shall be made on the individual’s clothing records, if the absentee is subsequently dropped from the rolls of his organization. If no personal effects are found, a negative report to that effect shall be prepared in duplicate. b. For officers accountable for public property, the provisions of Table VII, The Accounting Law, Revised Administrative Code, and the AFP Accounting Manual shall apply. c. Public property which has been lost by absentee shall be charged against them in accordance with Article VIII, Title VII, The Accounting Law, Revised Administrative Code, and the AFP Accounting Manual. d. When records are forwarded in accordance with those regulations, a copy of the inventory of personal effects and/or government property shall be furnished The Adjutant General, AFP. e. If the absentee or deserter is a money accountable officer by virtue of his designation either as Disbursing Officer or Agent Officer both the CO, AFP Finance Center and the CO, Major Service Finance Center in the case of Major Service or the Area Finance Officer in the case of Area Commands shall be notified by the fastest means of communication. Government funds left by him at his station shall be deposited either with the office of the CO, AFP Finance Center or CO, Major Service Finance Center as the case maybe, under receipt, the original to be kept by the office of the organization making the deposit and a certified true copy thereof forwarded to The Adjutant General, AFP, together with the records of the case referred to in para 7 hereof. Where the individual is dropped from the rolls of the organization, and the deposit made subsequent to the date of the absentee’s record were forwarded to The Adjutant General, AFP, receipt shall make reference to the case and the nature of such deposit. Claims for the release or recovery of such funds may be filed with the CO, AFPFinanceCenter and the CO, Major Service Finance Center in the case of Major Service or the Area Finance Officer in the case of Area Commands, whoever accepted the deposit. Personal funds of the absentee or deserter may be deposited with his Commanding Officer, pending instructions as to their disposition from higher headquarters. 14. PAY, ALLOWANCES AND ALLOTMENTS. Whenever an individual goes on AWOL and when an absentee or deserter returns to military control, the personnel officer of the unit to which, the absentee belongs shall accordingly notify the disbursing officer having custody of the military pay record by means of Military Pay Order. The Military Pay Order shall show the hour and date of departure and any other relevant data. The hour and date of return shall be similarly reported. 15.

MONTHLY REPORT OF ABSENTEES AND DESERTERS. RESTRICTED

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a. A consolidated monthly report shall be submitted on prescribed form as shown in Annex “A” hereof, showing the name and unit assignment of absentee/deserter and the period of absence and/or desertion, and the action taken against the offender which shall be entered in the “Remarks” column. Such monthly report shall be submitted to The Adjutant General, AFP, not later than the 15th day of the month following that for which the report is submitted. b. The following shall submit the report required above for all the units and organizations in their commands: 1)

Commanding Generals of Major Services

2)

Commanders of Area Commands and AFPWSSUs.

16. PENAL CLAUSE. Neglect or failure on the part of Commanders to vigorously implement the provisions of these regulations shall render them subject to appropriate disciplinary punishment as circumstances may warrant. 17. SUPERSESSION. AFPR G 131-471 dated 25 July 1960 is hereby superseded. BY ORDER OF THE SECRETARY OF NATIONAL DEFENSE:

(Sgd) ARTURO T ENRILE General, AFP Chief of Staff

CIRCULAR NUMBER 17

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF NATIONAL DEFENSE GENERAL HEADQUARTERS, ARMED FORCES OF THE PHILIPPINES Camp General Emilio Aguinaldo, Quezon City AFPRS/AGA1

02 October 1987

CIRCULAR NUMBER 17 ADMINISTRATIVE DISCHARGE PRIOR TO EXPIRATION OF TERM OF ENLISTMENT

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RESTRICTED 1. PURPOSE – This Circular prescribes the policies and standards, and procedures and guidance whereby the Chief of Staff, AFP; Commanders of Major Services and other Commanders acting for and by direction of the chief of Staff, AFP may order the discharge of enlisted personnel prior to the expiration of their term of enlistment under AW 109. 2.

DISCHARGE AUTHORITY -

a. The following commander: may order the discharge of enlisted personnel assigned to their respective commands in accordance with the specific reasons, standards and procedures set forth in this Circular. (1)

Chief of Staff, AFP

(2)

Chief of Constabulary

(3)

Commanding General, PA

(4)

Commanding General, PAF

(5)

Flag Officer-In-Command, PN

(6)

Commanders, Regional Unified/specified Commands

(7)

Division, Battalion and Brigade Commanders, PA

(8)

Commandant, Philippine Marines

(9)

Regional Commanders, PC

(10)

Commanders, AFPWSSUs whose T/O rank is BGEN or

(11)

Other Unit Commanders whose staff include a Staff

higher

Judge Advocate b. Whenever use in this Circular, term “discharge authority” refers to the appropriate commanders mentioned above.

3.

OBJECTIVES – a.

To secure efficient utilization of manpower.

b. To provide for the prompt elimination from the service of misfits and undesirables, and for the immediate termination of the current term of enlistment of an enlisted person whose continued stay in the service no longer warranted.

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RESTRICTED c. To assure the individual soldier of substantial justice and fairness in determining the desirability of retention in the service. d. To secure speedy justice while providing legal safeguards to spare the innocent from arbitrary action; and e. To provide an accurate and authentic records of personnel action leading to administrative discharge prior to ETE. 4.

POLICIES -

a. Selective Enlistment – Effort and extreme concern should be exerted to select the best suitable individual from the abundant manpower resourced considering the many applicants for enlistment in the AFP. A thorough and rigid psychological Evaluation should be conducted on all prospective applicants for enlistment to fully determine mental capability/fitness and personality. All bordering cases of applicants, i.e., adequate mental capability but unstable personality be referred to the Neuro-psychiatrist for further clinical assessment. b. Selective Reenlistment – All personnel with confirmed incurable/or expensive to cure personality disorder and strings of cases shall be terminated upon ETE. Reenlisting personnel shall pass a thorough and rigid psychological evaluation and usual clearance before recommended for reenlistment. Borderline cases shall be referred to the Neuro-Psychiatrist, for further clinical evaluation to determine fitness to be reenlisted in the service of rehabilitation. Some personnel may develop in-service difficulties that may effect their personality. In which case the AFP must establish Personnel Crises Intervention Program to help/rehabilitate personnel. c. Disciplinary Power of Commanding Officer – The retention of a problem individual in the service is costly; However, it is not the intent of these regulations to preclude to discourage the trial by “Court-Martial” of wrongdoers when such action is for the best interest of the service. Discharge authorities shall take utmost care that administrative discharge is not resorted to as an easy and economical, substitute for Court-Martial. In cases where punitive action is clearly called for, the particular circumstance of each case shall be judiciously weighed to avoid creating the impression that administrative discharge assures one easy escape from punishment for serious offenses and breaches of military discipline. d. Accountability of Misbehaving Personnel – Discharge is an appropriate procedure for an enlisted person whose behavior renders him repeatedly vulnerable to punitive or other adverse personnel action. The fact that an erring individual discharge without honor may be denied certain benefits or encounter difficulty in securing employment, should be carefully explained to him for his own benefit. 5.

GROUNDS FOR DISCHARGE a.

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UNDER HONORABLE CONDITIONS RESTRICTED

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(1)

Minority -

(a) An enlisted person under 21 years of age but now below 18 years at the time of his enlistment who being unemancipated by marriage, enlisted without the consent of either of his parents or legal guardian and upon presentation of satisfactory proof has been made while the enlisted individual is under 21 years old and unemancipated. (b) An enlisted person below 18 years of age shall be discharge upon application of either parent or legal guardian and upon presentation of satisfactory evidence as to his age, whether or not consent was given to his enlistment provided such application is made while the enlisted individual is below 18 years of age. (c) A minor shall not be discharge on his own application. Whenever a minor whose parents or legal guardian have not applied for his discharge, is discovered to be below 18 years of age, the appropriate discharge authority may, in the exercise of his discretion, direct either his discharge or retention in the service. (d) Notwithstanding the foregoing provisions, a minor who is under investigation or court-martial trial for a violation of the Articles of War, or is serving a sentence of confinement as a result thereof, or is under contractual obligation to serve for a certain period in consideration of his training or schooling at government expense, shall not be discharged until his case is disposed of under appropriate military justice procedures. (2)

Dependency or Hardship -

(a) Dependency – an enlisted individual may be discharged upon his written request due to death or disability of a member of his family and by reason of which his family becomes principally dependent upon him for care and support. The term “member of his family” or “family” includes only the wife, children, father, mother, brother, sister and any relative who has parental authority over the enlisted person to his enlistment.

(b) Hardship – an enlisted individual may also be discharged upon his written request when, under circumstances not involving the death or disability of a member of his family, his discharge will alleviate undue hardship to his family as to care and support. (c) In no case should an enlisted individual who seeks his discharge by reason of dependency or hardship, be discharged if he is under investigation or court-martial trail or serving a sentence of confinement as a result thereof, until his case is disposed of under appropriate military justice procedures; or is under contractual obligation to serve for a certain period in consideration of training or schooling at government expense; or has served during his current

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RESTRICTED enlistment less than eighteen (18) months, if it is an original enlistment, or less than twelve (12) months if it is a succeeding enlistment. (3)

Marriage -

(a) Officers and enlisted women of the Women’s Auxilliary Corps, may contract without being discharge or separated from the service provided, they have at the time of said marriage, already completed at least three (3) years of continuous active military service in the AFP. Provided, further that any female member of the AFP who has previously separated or discharged honorably by reason of marriage may be called to active duty or reinstated, subject to the above condition and in consonance with rules and regulations as the Chief of Staff, AFP may prescribe. (b) Marriage between Officers and enlisted personnel shall be authorized with strict adherence to the following guidelines; (1) Three (3) years of continuous active military service as prescribed by PD 1910 and cir Nr 7, s-84. (2) Seminar in proper decorum which shall be conducted by TCWAC AFP or her authorized representative for all prospective couples wherein a Certificate of Attendance will be issued which is a requirement in the application for permission to marry. (3) Separation of military and personal responsibility by contracting parties and strict observance of customary standards of military discipline and behavior should be emphasized during the seminar. Separation of unit assignment of prospective couples who are assigned with the same unit/office. (4) Convenience of the Government Discharge under this category is authorized for the following reasons.



(a) To accept appointment as Regular Officer or enter an ETAD as a Reserved Officer. (b) To accept appointment as cadet of the Philippine Military Academy/Philippine Air Force Flying Schooling and other military school/academies. (c) To dispose of cases where the immediate separation of the EP does not run counter with existing policy or regulation and that his discharge is deemed most expedient on account of: 1.

Approval

of

petition

for

2.

Acceptance of a better paying

immigration/residence abroad.

job outside the service. I-12

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3.

Filing of optional retirement

prior to its approval. 4. Where the EP concerned has plans to contract marriage after denial of his request for permission to marry. 5.

Physical

and

mental

rehabilitation of the EP. 6. Any other exceptional circumstances of conditions that warrant immediate discharge from the service of the AFP in keeping with a more liberal plan of attraction. (d) To dispose of cases where immediate separation due to unfitness, in lieu of discharge after trail by court martial, is determine to be more a convenient, practical and expeditious mode of separation, consistent with the requirements of discipline, morale and welfare and the interest of the service. (5)

For the Good of the Service -

(a) An enlisted person whose suitability or desirability for retention in the service has rendered him subject to administrative separation under paragraph 6b, may by immediately discharged “For the Good of the Service” with his consent, in lieu of separation proceedings indicated in paragraph 6, after he shall executed the certificate of “consent to Discharge for the Good of the Service:. (b) In no case may a discharge under this category be ordered after referral of the respondent enlisted person’s case for investigation as specified in paragraph 6. (c) When discharge for the good of the service or for unsuitability is ordered, the officer in custody of the enlisted person’s record shall enter the remark “Not Recommended for further Service” in the “Remarks” section of the Individual’s Service Record. (6) Unsuitability – an individual may be discharged by reason of unsuitability, not due to misconduct, when it has been determine that he is unsuitable for further military service because of:

(a) Ineptitude or ineptness due to lack of general adaptability, want of readiness or skill, unhandiness or inability to learn; (b)

Character, behavior and personality

disorders due to psychiatric condition;

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RESTRICTED (c) Chronic alcoholism or addiction to alcohol (without overt acts or misconduct or disorder); (d) Homosexual tendencies, desires or interest unaccompanied by over homosexual acts. A homosexual is an individual who demonstrates by behavior, a preference or desire for sexual activity with person’s of the same sex. Homosexual are unfit for military service because their presence impairs to morale and discipline of the organization. Allegations of homosexuality shall be thoroughly and comprehensively inquired into, with due regard for the peculiar susceptibility of such cases to malicious charges. b.

DISCHARGE WITHOUT HONOR -

(1) Undesirability due to misconduct or unfitness – An individual may be discharged under this category for any of the following reasons: (a)

Absence without leave or desertion from any of the

Major Service of the AFP. (b) Prior separation from the AFP or from the Armed services of any foreign country under conditions other than honorable and/or conditions barring entry into the Armed forces of the Philippines. (2) Conviction by civil court – an individual may be discharged under this category upon proof of final conviction by a civil court of a criminal offense during his current term of enlistment. (a) Involving moral turpitude on the nature of which clearly indicates the individual’s unsuitability for associating with other enlisted personnel including but not limited to crimes against chastity, crimes against national security, murder, infanticide, abortion, kidnapping. Brigandage, smuggling, prostitution, or any of the crimes relative to opium and other prohibited drugs; or (b) For which the individual has been sentenced to imprisonment for more than on (1) year; (3) Trial by Court-Martial – an individual may be discharged under this category on the basis of his trial by court-martial for an offense involving moral turpitude, or for an offense punishable by dishonorable or bad conduct discharge, and such trail has resulted in; (a) Conviction, but the sentence, as approved, does not include a punitive discharge.

(b) Acquittal by court-martial notwithstanding substantial evidence to support a finding of guilty, and the acquittal is based solely on a successful plea of statute of limitation that of durable jeopardy.

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RESTRICTED (4) Desertion or Absence Without Leave – Discharge for desertion or AWOL under this category may be ordered only if, the unauthorized absence has continued for three (3) months or more and trial by court-martial is deemed inadvisable. Discharge must be based on substantial evidence to support the administrative determination of desertion or absence without leave. The term “substantial evidence” means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and should not be confused with “proof beyond reasonable; doubt” necessary to justify a criminal conviction. (5) Pregnancy out of wedlock – An enlisted female who becomes pregnant, has given birth and has any form of miscarriage or abortion out of wedlock as duly certified by competent authority shall immediately be discharged. (6) Immorality – Discharge under this category may be ordered for immoral conduct, including but not limited to: (a) Maintaining illicit relations with a woman/man who is not his/her wife/husband, irrespective of whether both are single and free to marry at the time: (b) Commission of any of the crimes against chastity as defined in the Revised Penal code (adultery, concubinage, seduction, abduction, rape, acts of lasciviousness, corruption of minors and prostitution); (c)

Established homosexual acts and other acts of

sexual perversion. (7)

Frequent incidents of discreditable nature with civil or

(8)

An established pattern for:

military authorities.

(a)

Shirking from duty or responsibility

(b)

Insubordinate conduct or

(c)

Deliberate failure to pay just debts

(9) Any specific act on misconduct, disorder or neglect not falling under any other provision of the Circular and for which trial by court-martial is deemed inadvisable.

6.

PROCEDURE a.

Discharge Without Honor -

(1) Whenever the appropriate discharge authority has determined that there exist sufficient ground for discharge under paragraph 5b above, of any enlisted person within his command, he shall immediately order that a RESTRICTED

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RESTRICTED summary investigation be conducted and completed within seven (7) days, by an officer of his command, on the circumstances affecting the respondent enlisted person’s fitness for retention on the service. Board action is not required. Nevertheless, the respondent shall be given an opportunity to be heard, to present evidence in his behalf and to refute the evidence against him. Where the respondent refuses or fail, without justifiable reason to appear, be heard or present evidence in the investigation, the investigating officer shall take note this facts, and shall complete his investigation with the reception of all pertinent and competent evidence and make the appropriate findings and recommendations. However, except in cases of AWOL or desertion or in cases where physical control is not effective, the enlisted person will not be tried in absentia. If discharge is recommended, the specific provision for the discharge (paragraph 5b) shall be indicated under a category different from that indicated when he first took cognizance of the case, if his findings so warrant. (2) Where the discharge authority (other than the Chief of Staff AFP, and the Major Service Commanders) approves the recommendation for the discharge of the respondent enlisted person, the former shall immediately order the discharge from the service of the latter. The orders to be issued shall not, however, specify the character of the discharge but shall state that the character of the discharge shall be as determined by the Chief of Staff, AFP or the major Service Commander concerned. Thereafter, the records of investigations and/or summary of the incidents or circumstances leading to discharge must be submitted to the Chief of Staff, AFP/ Major Service Commander (Attn: DCS PER/ACS PER) for determination of the character of discharge. Thereupon, the Chief of staff, AFP or the Major Service Commander concerned shall issue orders indicating therein the character of the discharge. (3) When a discharge order has been executed by a discharge authority other than the Chief of Staff, AFP or a Major Service Commander, the respondent enlisted person may, within thirty (30) days from the date of publication of order appeal his case to the Chief of Staff, AFP or the Major Service Commander concerned, by filing a written notice of appeal with the adjutant General, AFP/Adjutant of the Major Service to which he belongs. (4) Upon receipt of the notice of appeal. The Adjutant General, AFP/Adjutant of the Major Services shall without delay forward/refer all records of investigation and all other pertinent papers to The Judge Advocate General, AFP/Major Service Judge Advocate for his review and advice. Based on said review and advice, the Chief of Staff, AFP/Major Service Commander concerned shall make his final disposition of the case. (5) In the absence of an appeal by the respondent, enlisted person or if an appeal has been filed beyond the period specified in the preceding paragraph, the case shall be subject to automatic review by the Chief of Staff, AFP, or the Major Service Commander. In this case, the character of the discharge shall merely be determined.

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RESTRICTED (6) In cases where the Chief of Staff, AFP or the Major Service Commander is the discharge authority, he may act on the recommendation of the investigating officer and the characterization of the mode of discharge by DCS Per/ACS Per order the immediate discharge of the enlisted person concerned. (7) For acts of misconduct committed by an enlisted individual within his command, subordinate commanders enumerated in para 2a of this Circular may, upon their own initiative or as may be ordered by higher authorities, conduct an investigation of the charges against the erring enlisted individual following the procedure prescribed in para 6a(1) above, and make appropriate recommendation on the basis of their own findings and evaluation of the evidence presented during the proceeding, to the superior commander authorized to order his discharge under para 5b above, In turn, the appropriate discharge authority may order a reinvestigation upon which he could base his own decision of the matter. b.

discharge for the Goof of the Service -

(1) When an enlisted person’s suitability or desirability for retention in retention in the service has rendered him subject to the separation proceeding under paragraph 5b, his immediate Commanding Officer shall take steps to ascertain whether the primary interest of the service and of the individual will best be served by his prompt discharge in lieu of separation proceedings as prescribed in paragraph 6a. (2) If the immediate command, or any higher command determines that a discharge for the good of the service is appropriate, the immediate commander shall advise the enlisted person; (a) If the specific reason or act of misconduct for which separation proceeding under paragraph 6a is contemplated; (b)

If the nature and substance of the available evidence

against him; (c) That he shall be afforded legal counsel by the AFP free if charge, in case he cannot secure a counsel at his own expense; (d) If applicable, that a discharge by reason of unsuitability is an honorable separation from the service and entitles the discharge person to all leave and separation benefits; (e) If applicable that he is discharge as a result of separation proceeding under para 6a reason of undesirability due to misconduct or unfitness, such discharge will deprive him of leave and other benefits incident upon an honorable separation from the service and may cause him substantial prejudice in securing civilian employment; (f) That the discharge for the good of the service in lieu of separation proceedings in accordance with paragraph 6 above, is an honorable

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RESTRICTED separation from the service. However, it renders him unacceptable for reentry into military service; and; (g) That he may avail himself of a discharge for the good of the service only by his written consent made prior to separation proceedings under paragraph 6a, above. (3) If the individual consents to his discharge for the good of the service, the immediate commander shall -(a) Require respondent to sing the statement of “Consent to Discharge for the Good of the Service”. Such written consent shall become a part of respondent’s enlisted personnel records. (b) Report such fact in letter from to the proper discharge authority, stating; respondent’s name, grade, serial umber, and age; date of last enlistment and prior services; brief statement as to the specific reason or act misconduct which renders him subject to separation proceedings under paragraph 6a, and the reason why he does not consider court-martial or separation proceedings under paragraph 6a, advisable, conduct and efficiency ratings; records of court-martial and other disciplinary action; and an other pertinent information. The individual’s statement of “Consent to Discharge for the Good of the Service” will be appended to the letter. (4)

Intermediate commanders shall take either of the following

actions; (a) Disapprove the recommendation of discharge for the good of the service and direct court-martial or separation proceeding under paragraph 6a, as he deems appropriated; (b) Approve the recommendation and forward the report to the proper discharge authority for final action. (5) The proper discharge authority shall direct the individual’s discharge for the good the service, court-martial action, separation and proceedings under paragraph 6a, or such other disposition of the case he deems most appropriate. The enlisted person’s immediate commanding officer shall be notified of such action.

7.

MISCELLANEOUS -

a. A discharge from the service under honorable conditions entitles an enlisted person to all furlough and other benefits incidents to an honorable separation from the service. b. A discharge without honor under this Circular is a separation for cause and deprives the individual of furlough and other benefits incident to an honorable separation from the service. I-18

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c. For the purpose of effecting the prompt separation of an enlisted person whose discharge under honorable conditions has been approved pursuant to this Circular, discharge authorities are authorized to approved and grant all terminal furlough due the discharge enlisted person, regardless of duration, subject to pertinent laws, rules and regulations on furlough. d. Where verification of the individual’s length of service and furlough balance may unduly delay the issuance of terminal furlough and discharge orders, the discharge authority is authorized to order and execute discharge, without prejudice to the discharged individual’s collection of money for all furlough due him upon approval of the computation thereof by proper authorities; e. Discharge Orders – Discharge orders by authorities in paragraph 2 shall be issued “By Command or Order of the Commander” concerned or “By Direction of the Chief of Staff, AFP”, as applicable. f. Administrative Action to Effect Separation – Commanders shall take steps to ensure that clearances and other administrative action to effect the separation of an individual from the service are initiated at the earliest practicable time and completed within reasonable time after discharge is finally approved. g. Dissemination – all commanders shall take steps to ensure that all personnel under them are familiar with the provisions of this Circular. Discharge authorities will provide copies of this Circular down to company level. Instructions on the provisions of this circular shall be included in the troop information program of all units. 8.

RECESSION. BY ORDER OF THE SECRETARY OF NATIONAL DEFENSE:

FIDEL V RAMOS General AFP Chief of Staff OFFICIAL: (Sgd) JULIAN M MAALA Colonel PC (GSC) The Adjutant General DISTRIBUTION: “A”

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ANNEX B Sworn Statement

REPUBLIC OF THE PHILIPPINES) CITY OF TAGUIG ) S.S METRO MANILA AFFIDAVIT-COMPLAINT I, , of legal age, Filipino, married and resident of __________, after having been duly sworn to in accordance with law, do hereby depose and state that: I am the legal wife /spouse of presently assigned at ___________

We got married on ____________________________________and we have a child/ children, namely:_______, ______, _______ and ________ , attached a copy of our Marriage Contract and their respective Certificate of Live Birth issued by ___________________; My husband abandoned ______________________;

us

and

stopped

giving

financial

support

since

The foregoing statements are true to my personal knowledge; and I executed this affidavit for the purpose of informing the Philippine Army of such facts /file complaint or for any other purpose it may serve best. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature this ________day of________ at the Office of the Army Provost Marshal, Fort Andres Bonifacio, Metro Manila. _______________ Affiant SUBSCRIBED AND SWORN to before me this ______ day of _________at the Office of the Army Provost Marshal, Fort Andres Bonifacio, Metro Manila

2LT MA NELFA B SALAVERIA (INF) PA Administering Officer

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RESTRICTED Republic of the Philippines)) S.S (Quezon City) AFFIDAVIT OF DESISTANCE I, __________________________ of legal age, Filipino and presently residing at, do hereby depose and say: That ______________________________________________________________________________ ________________________________________ That ______________________________________________________________________________ ________________________________________ That I executed this affidavit of desistance to attest the truth of the all foregoing facts without being coerced, intimidated or any promise of reward. IN WITNESS WHEREOF, I hereunto set my hand this ____________ at the _______________________________________ . AFFIANT FURTHER SAYETH NAUGHT: _______________________ (Affiant)

SUBSCRIBED AND SWORN to before me this _____ day of _________ at the ___________________________________________________.

Administering Officer/Notary Public

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ANNEX C Investigation Report

HEADQUARTERS PHILIPPINE ARMY OFFICE OF THE ARMY PROVOST MARSHAL Fort Andres Bonifacio, Metro Manila OAPM/CIB

7 May 2012

SUBJECT: Investigation Report (Alleged Abandonment and Non-Support of _______________)

TO:

______________ Post

I.

AUTHORITY

1. Letter complaint dated 9 September 2011, from ___________ against her husband, ________________(Inf) PA, for alleged Abandonment and Non-Support. II.

MATTERS INVESTIGATED

2. To determine the veracity of the complaint of Mrs _________ against her husband, _____________ (Inf) PA, for Abandonment and Non-Support. III.

FACTS OF THE CASE

3. The complainant alleged in her letter complaint (Annex A) that her husband, Cpl ________, abandoned his family since 2009. She further alleged that while the ATM of subject EP left in the possession of the complainant, the said ATM was “captured” by the ATM machine. Complainant further alleged that respondent failed to make amends of his mistakes and misdeed, instead, her husband manifested the intention or desire to annul their marriage. 4. In his counter-affidavit (Annex B), subject EP alleged that in 29 July 2009 he and Mrs ________ had a misunderstanding when she claimed that she read a text messages sent by a woman in Cpl ________ cellphone. He alleged that due to the fact that her accusation was unfounded and his cellphone was confiscated by his wife, he got angry and their misunderstanding ensued. The respondent further alleged that after 2 years, he decided to make amends with his wife and start a new life, however, instead of contacting him, Mrs __________ filed a complaint for nonRESTRICTED

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support. His denial however was not substantiated by clear and convincing proof that the allegations of the complainant are not true. IV.

DISCUSSION

5. The undersigned investigating officer (IO) found substantial evidence to hold Cpl _______ liable under HPA Personnel Directive Number 1, dated 12 June 2008. Under section 5, Rule 133 of the Rules of Court, in cases filed before administrative or quasi-judicial bodies, a fact may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion”. Abandonment and non-support are categorized as less grave offense punishable by demotion to discharge under honorable condition pursuant to HPA Personnel Directive Number 1, annex B, para g. The respondent’s commission of two (2) less grave offenses: a) abandonment for two years and b) failure to support his legal family without justifiable reason warrants for his discharge from the military service.

V.

CONCLUSION

6. There is substantial evidence to hold Cpl _______ liable under HPA Personnel Directive Number 1, dated 12 June 2008. VI. RECOMMENDATION 7.

That Cpl __________ be discharged from the service.

__________________ LEONIDAS D BURIEL Captain (AGS) PA Investigating Officer

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RESTRICTED GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES OFFICE F THE PROVOST MARSHALL GENERAL Camp General Emilio Aguinaldo Quezon City

AGSOBC2 ____________________(Date) SUBJECT:

TO:

Investigation Report (Case against. respondent’s name)

The Provost Marshal General, AFP I.

AUTHORITY: 1.

II.

OPTMG LtrDir Nr ___ dtd _____________. (extn-A)

MATTERS INVESTIGATED:

2. To determine the veracity of the complaint/filed by (complainant/s names) against (respondent’s name) for (specify/specific complaint/s) on (date/time) etc. 3. III.

To determine any administrative liability on the part of the respondent/s.

FACTS OF THE CASE:

4. This pertains to the complaint/report of (name of the complaint/reported) against (name of respondent/s) for alleged (offense/illegal activity) allegedly committed on (date/time) etc. The issue to be resolved in this particular case is/are a.

Complainant/s Affidavit, Statement/s/Evidence 1) Complainant/s Basic Complainant a.)

Affidavit of witnesses (1.1) (1.2) (1.3)

Witness Nr1 Witness Nr 2 Witness Nr 3

b.)

Documentary evidence if any

c.)

Other Evidence/s

2) Other complainant/s, of any:

5.

a.)

Affidavit of witnesses

b.)

Documentary Evidence, if any

Respondent/s Affidavit, Statement, Evidences RESTRICTED

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Affidavit of witnesses (1) (2) (3)

IV.

Witness Nr1 Witness Nr 2 Witness Nr 3

b.

Documentary evidence, if any

c.

Other evidence/s.

DISCUSSION:

6. Result of confrontation/amicable settlement/non-appearance of the complainant/s affidavit of desistance etc. (In case of amicable settlement, the investigator must still investigate and take the statement of the respondent to find out whether he/she has violated any rules and regulations of the AFP or the Code of Ethics, AFP, so that appropriate punishment if necessary can be considered). 7. Investigators discussion/evaluation on the merits of the case. (this should be based on facts/documentary evidence and not on assumption or conjecture cite applicable laws, authority, etc.) V.

VI.

FINDING/CONCLUSION: 8.

Analysis of merit/s of complainant/s side.

9.

Analysis of merit/s respondent/s side.

10.

In view of the foregoing, it is concluded that

RECOMMENDATION:

11. Recommend that _________________________________.

________________________________

___________________________ Investigator

CONCUR/NOT CONCUR: _____________________________ _____________________________ (Provost Marshall or CO)

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ANNEX J ADMINISTRATIVE ORDER NR 55

AMENDING SECTION 3 OF ADMINISTRATIVE ORDER NR 40, SERIES OF 1993, “PRESCRIBING GUIDELINES FOR THE TREATMENT OF THE PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES AND NATIONAL POLICE, WHO ARE FACING ADMINISTRATIVE AND CRIMINAL CHARGES”.

I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order the amendment of Section 3 of Administrative Order nr 40, series of 1993, “Prescribing Guidelines For The Treatment Of The Personnel Of The Armed Forces Of the Philippines And Philippine National Police, Who Are Facing Administrative And Criminal Charges”. To read as follows: “Sec. 3. Service-connected crimes or offenses shall, pursuant to Republic Act Nr 7055, be tried by court-martial: Provided, That the President of the Philippines may, in the interest of justice, motuproprioor upon the recommendation of the Chief of Staff of the Armed Forces of the Philippines, order or direct at any time before arraignment that any such crimes or offenses be tried by the proper civil courts.” This Administrative Order shall take effect immediately. DONE in the city of Manila, this 21st day of May in the year of Our Lord, Nineteen Hundred and Ninety-three.

(Sgd) FIDEL V RAMOS President of the Philippines

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ANNEX D Summons

(LETTER HEAD) ____________________________ ____________________________

(Date) SUBJECT: TO:

Summons/Appearance

(Commanding Officer of Respondent) ______________________________ ______________________________

1. Direct (Name of Respondent) that unit/office to report to this Headquarters (Attn: Office of the Provost Marshal) on (Date and Time) to shed light on a complaint filed by (Name of Complainant) for alleged (Nature of the Case) which is being investigated by this Office. 2. Further direct the respondent to bring his/her counter affidavit, witness/es and/or affidavit witness/es and other controverting proofs, if any. 3. Be guided by existing AFP Regulations pertaining to compliance with summons and similar directives. ____________________________ ____________________________ ____________________________

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ANNEX E SAMPLE FORMAT OF LETTER-REQUEST FOR SUBMISSION OF EVIDENCE BY CIVILIAN COMPLAINANTS

(LETTER HEAD) ____________________________ ____________________________

(Date) (Complainant/s Name and Address) ____________________________ ____________________________

Sir/Madam: This has reference to your complaint against (Name of Respondent) for alleged (Nature of the case) which is now under investigation by this Office. In this regard, in order to arrive at an expeditous resolution on your complaint, we request you to furnish us the following evident/s to wit: a.___________________________ b.___________________________ c.___________________________ Your prompt attention on the matter is highly appreciated.

Very truly yours, ___________________________ ___________________________

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ANNEX K CIRCULAR NUMBER 14 GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES Camp General Emilio Aguinaldo, Quezon City 18 February 1964 CIRCULAR NUMBER 14

DISPOSITION OF AFP PERSONNEL FACING CRIMINAL CHARGES BEFORE THE CIVIL COURTS

1. PURPOSE. This Circular prescribes the regulations governing the disposition of military personnel accused before the civil courts who cannot give or otherwise failed to obtain the necessary bail and delivered, pursuant to Executive Order No. 106, series 1937, to the proper military authorities for safekeeping; the degree of restraint to be imposed upon such personnel during the pendency of their cases; and the administrative steps to be taken in cases where the accused and/or his custodian are separated from the service or transferred to other units. 2. CUSTODY OF ACCUSED. In case the judge or justice of the peace will bind over any officer or enlisted person under arrest to answer to a criminal charge and will order the delivery of such officer or enlisted person to his immediate commanding officer or to the PNP provincial commander, the latter will take immediate custody of the accused for safekeeping. a. immediate CO.

Procedure where delivery is ordered to be made to accused

1) If the accused unit is permanently stationed in the city or province where the care is pending his immediate commanding officer will take and confine in stockade retain custody of the accused until acquitted or convicted on final judgment. 2) If the accused unit is stationed outside the city or province where the case is pending, his immediate commanding officer, if practicable, will receive his person (accused) and take immediate steps to have him placed on detached service with a unit (at least of company level or its equivalent) of their Major Service permanently stationed in the city or province where the case is pending and nearest to the place where the proper court is located. 3) In the event the Major Service of the accused has no unit in such city or province, the immediate commanding officer will initiate steps to have

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RESTRICTED the accused placed on detached service with the PC provincial commander of that province. 4) If neither the Major Service to which the accused belong nor the PC has any unit of company level in the city where the case is pending and such city is outside the geographical limits of any province, the accused immediate commanding officer will be guided by (1), (2), and (3) above. For this purpose, he will consider the most appropriate province adjacent to the city where the case is pending in determining who should have custody of the accused. b. Procedure where delivery is ordered to be made to the PC provincial commander. In case where the judge or justice of the peace orders the delivery of the accused to the PNP provincial commander in the absence or incapacity of the accuser’s immediate commanding officer, such provincial commander will temporarily take custody of the accused and will inform, by the fastest means available, the latter’s immediate commanding officer of such fact. Said commanding officer will then take the appropriate steps outlined in an above. c.

Duties of Custodian.

1) The officer who takes custody of the accused for safekeeping shall have the duty to keep and produce the prisoner before the proper court at the proper time. If necessary for the safekeeping of the prisoner, he may be committed to the provincial jail or the new Belibed Prisons at Muntinlupa, Rizal, by such officer. (Ex O No. 106, s-37) 2) Whenever there is a change in custody by operation of a or b, above, the relinquishing custodian will notify the proper court of such change, submitting thereto a duplicate copy of the receipt of accused’s person signed by the relieving custodian. d Military personnel on inactive status not to be taken into military custody. Executive Order No. 106, series 1937, applies only to military personnel on active duty. In no instance will a retired military person or anyone on the inactive status be taken into military custody under this circular. 3.

RESTRAINT a.

Degree.

1) Persons accused of capital offenses (e.g., murder, robbery with homicide, rape with homicide, kidnapping and serious illegal detention, parricide, etc.,) will be placed in confinement, unless, under very extraordinary circumstances the commanding officer/custodian believes that a lesser form of restraint is sufficient. 2) The following persons will be placed in confinement, unless, under very extraordinary circumstances, the commanding officer/custodian believes that a lesser form of restraint is sufficient:

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RESTRICTED (a) Those charged with crimes against national security and the Law of Nations (Arts 114-123, Revised Penal Code) (b) Those charged disloyalty (Arts 134-142, Revised Penal Code): (c)

Those

(d)

Those

charged

with

rebellion,

with

subversive

sedition

acts

and

under

Republic Act 1700: charged

with

espionage

under

Commonwealth Act 616: (e) Those who, while facing criminal charges before the civil courts and while under military custody pursuant to Executive Order 106, series of 1937, are again subsequently charged with grave felonies before the civil courts. (Art 9, Revised Penal Code, defines “grave felonies” as those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive (those whose duration ranges from 6 years and 1 day to life imprisonment). 3) Persons accused of a serious offense for which a penalty of imprisonment for six (6) years and one (1) day to life imprisonment may be imposed and against whom there is strong evidence of guilt, will be placed in confinement, unless under the attendant circumstances, the commanding officer/custodian believes that a lesser form of restraint is sufficient. In the determination whether the evidence of guilt is strong, the staff judge advocate of the command and/or provincial fiscal/city attorney should normally be consulted. 4) Persons accused of offenses punishable by imprisonment for six (6) months and one (1) day to six (6) years will be placed in arrest, unless, under the circumstances of the case, the commanding officer/custodian believed that a different form of restraint is necessary, or deemed sufficient. 5) Persons accused of offenses penalized with imprisonment for one (1) day to six (6) months shall be subject to such restrictive or preventive measures (like reporting to a certain officer of EM or registering at a designated time and place, etc.,) which, in the opinion of the commanding officer, are warranted, unless the latter believes that any form of restraint is deemed necessary. 6) Any military person alleged to have committed a felony, crime, breach of law or violation of municipal ordinances who is turned over to the custody for his commanding officer by civilian investigating or police agencies of the Government for disposition and against whom no warrant of arrest has been issued, will if warranted after an inquiry into his alleged offense, be temporarily restrained or restricted by his commanding officer in accordance with the foregoing rules. The commanding officer in such cases will take immediate steps to have the proper information or charges filed against such person in custody, either before the civil courts or before military authorities. Where corresponding charges cannot be filed for lack of sufficient evidence, the person held in custody should be released immediately. In the event, however, that such person is finally accused before the

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RESTRICTED civil courts, the commanding officer will observe the provisions of Article of War 75 (Delivery of Offenders to Civil Authorities) and Executive Order Nr 106, series 1937. 7) In cases of confinement, the procedure on segregation of prisoners set forth in paragraph 13 of AFPR G 131-081 will be observed. 8) Restraint or restrictions in any form or degree imposed pursuant to this Circular shall immediately be lifted or discontinued by the officer custodian upon his receipt of competent proof that the accused has posted bail. b. Modification. The commanding officer/custodian may, for good cause, modify the character, duration and place of restraint. Superior competent authorities may, for justifiable reasons, modify a type of restrain imposed by subordinate commanding officers to a more restrictive form of restraint but not to a less restrictive one. A form of restraint so modified may not be lifted, relaxed or changed for less restrictive one without the prior approval of the superior who ordered it. i. Other considerations to be taken into account in the imposition or modification of restraint. Among other factors to be considered in imposing or modifying a type of restraint are the following: 1. 2. 3. 4. 5. 6.

Military exigencies; Likelihood of accuser’s attempting to escape; Custom of the service; Age and /or physical condition of the accused; Conduct, demeanor and characteristics of the accused; Protracted trail coupled by long confinement undergone

by the accused. 4.

RESTORATION TO AND RELIEF FROM DUTY STATUS. See Circular Nr 74, GHQ AFP, s-55, as amended.

5. CHANGE CUSTODIAN. a.

OF

STATUS

OR

TRANSFER

OF

ACCUSED

OR

Reports.

1. Whenever any military person facing criminal charges before a civil court and placed under the custody of a commanding officer or provincial commander pursuant to Executive Order 166, series 1937, is discharged or separated from the service, his commanding officer will notify the proper court of such discharge or separation, and shall forthwith place the person of said detainee at the disposal of the said court. 2. In the event that it is the commanding officer or the provincial commander himself who is due for separation relief or transfer, he will, under receipt, turn over the custody of the detainee to the new commanding officer or provincial commander replacing or succeeding him, and notify the proper court of K-4

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RESTRICTED such change in custody, submitting thereto a duplicate copy of the receipt so secured. The new commanding officer or the officer commanding for the time being shall receive the prisoner and, henceforth, he shall be responsible for the latter’s safekeeping and custody. 3. The procedure laid down in (2) above shall be followed by the commanding officer in case the detainee is transferred to other units during the pendency of his case. 4. In case the detainee escapes while in the custody of his commanding officer, the latter, in the most expeditious manner, will officially notify the police authorities and the proper court of the escape. b. Penalty. Failure to comply with the procedure in para 2 shall subject the officer concerned to contempt preceding before the civil courts, and to court martial trail for violation of the 97th Article of War. BY ORDER OF THE SECRETARY OF NATIONAL DEFENSE:

OFFICIAL

:

(Sgd) C P DELA CRUZ Colonel, AGS (GSC) The Adjutant General

ALFREDO M SANTOS General, AFP Chief of Staff

DISTRIBUTION: “A” “AUREMS”

ADMINISTRATIVE ORDER NR 55

AMENDING SECTION 3 OF ADMINISTRATIVE ORDER NR 40, SERIES OF 1993, “PRESCRIBING GUIDELINES FOR THE TREATMENT OF THE PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES AND NATIONAL POLICE, WHO ARE FACING ADMINISTRATIVE AND CRIMINAL CHARGES”.

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RESTRICTED I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order the amendment of Section 3 of Administrative Order nr 40, series of 1993, “Prescribing Guidelines For The Treatment Of The Personnel Of The Armed Forces Of the Philippines And Philippine National Police, Who Are Facing Administrative And Criminal Charges”. To read as follows: “Sec. 3. Service-connected crimes or offenses shall, pursuant to Republic Act Nr 7055, be tried by court-martial: Provided, That the President of the Philippines may, in the interest of justice, motuproprioor upon the recommendation of the Chief of Staff of the Armed Forces of the Philippines, order or direct at any time before arraignment that any such crimes or offenses be tried by the proper civil courts.” This Administrative Order shall take effect immediately. DONE in the city of Manila, this 21st day of May in the year of Our Lord, Nineteen Hundred and Ninety-three.

(Sgd) FIDEL V RAMOS President of the Philippines

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ANNEX F Compliance with Summonses and Similar Directives

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF NATIONAL DEFENSE GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES OFFICE OF THE CHIEF OF STAFF Camp General Emilio Aguinaldo, Quezon City 21 October 1996 SUBJECT:

TO:

Compliance with Summonses and Similar Directives

Commanders of MajSvcs, Unified Comdrs, and AFPWSSUs

1. Reports submitted to my office indicate many instances of failure on the part of AFP personnel to comply with or respond to summonses or directives for their appearance in offices of the Inspector General Service, other investigating or fact-finding offices, military courts or tribunals, boards and similar instrumentalities of the AFP. Needless to say, I can only view this failure with much regret and displeasure, for it not only unduly delays the proceedings or work of the aforementioned offices, tribunals and boards; it also reflects adversely on the conduct of personnel as well as the attitude of their respective unit commanders or office chiefs toward legitimate summonses or directives issued by proper authority. 2. I therefore direct all the commanders of the Major Services, Unified Commands, and AFPWSSUs to give due course to the above summonses or directives and see to it that personnel concerned need and comply with them or at least arrange for postponement in case they are unable to comply at the designated time for reasons beyond their control. Failure of personnel to appear in offices on dates indicated in summonses or similar directives without any justifiable excuse shall be dealt with the extent allowed by applicable regulations or policies as circumstances may warrant. 3. In this connection, I hereby direct the heads of the aforementioned IGS offices, other investigation agencies, tribunals, boards and similar instrumentalities of the AFP to initiate drastic action, including separation from the service if deemed appropriate, against AFP personnel who refuse or inexcusably fail to respond to or comply with their summonses or similar directives which are issued in my behalf or that of any other competent authority.

In addition, they shall initiate disciplinary action, if the circumstances so warrant, against the immediate commander or chief of the personnel concerned.

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RESTRICTED (Sgd) RENE C ESPINO General, AFP Chief of Staff SAMPLE FORMAT OF LETTER-REQUEST FOR SUBMISSION OF EVIDENCE BY CIVILIAN COMPLAINANTS

(LETTER HEAD) ____________________________ ____________________________

(Date) (Complainant/s Name and Address) ____________________________ ____________________________

Sir/Madam: This has reference to your complaint against (Name of Respondent) for alleged (Nature of the case) which is now under investigation by this Office. In this regard, in order to arrive at an expeditous resolution on your complaint, we request you to furnish us the following evident/s to wit: a.___________________________ b.___________________________ c.___________________________ Your prompt attention on the matter is highly appreciated.

Very truly yours, ___________________________ ___________________________

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ANNEX G REPUBLIC ACT NR 7055 AN ACT STRENGTHENING CIVILIAN SUPREMACY OVER THE MILITARY BY RETURNING TO THE CIVIL COURTS THEJURISDICTION 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, REPEALING FOR THE PURPOSE CERTAIN PRESIDENTIAL DECREES.

SECTION 1. Members of the Armed Forces of the Philippines and other persons subject to military law, including members of the Citizens Armed Forces Geographical Units, who commit crimes or offenses penalized under the Revised Penal Code, other special penal laws, or local government ordinances, regardless of whether or not civilians are co-accused, victims, or offended parties which may be natural or juridical persons, shall be tried by the proper civil court, except when the offense, as determined before arraignment by the civil court, is service-connected, in which case the offense shall be tried by court-martial: Provided, That the President of the Philippines may, in the interest of justice, order or direct at any time before arraignment that any such crimes or offenses be tried by the proper civil courts. As used in this Section, service-connected crimes or offenses shall be limited to those defined in Articles 54 to 70, Articles 72 to 92, and Articles 95 to 97 of Commonwealth Act No. 408, as amended. In imposing the penalty for such crimes or offenses, the court-martial may take into consideration the penalty prescribed therefor in the Revised Penal Code, other special penal laws, or local government ordinances. SECTION 2. Subject to the provisions of Section 1 hereof, all cases filed or pending for filing with court- martial or other similar bodies, except those where the accused had already been arraigned shall within thirty (30) days following the effectivity of this Act be transferred to the proper civil courts: Provided, That the Chief of Staff of the Armed Forces of the Philippines shall upon petition before commencement of trial and with the written consent of the accused, order the transfer of such excepted case or cases to the proper civil courts for trial and resolution. SECTION 3. Presidential Decree Nrs 1822-A, 1850 and 1952, and all acts, general orders, executive orders, and other presidential issuance’s, rules and regulations inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 4. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved: 20 June 20 199 (Sgd) CORAZON C AQUINO President of the Philippines RESTRICTED

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ANNEX L Commander’s Responsibility on Criminal and Administrative Cases Involving Military Personnel President of the Philippines REPUBLIC OF THE PHILIPPINES DEPARTMENT OF NATIONAL DEFENSE GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES OFFICE OF THE CHIEF OF STAFF Camp General Emilio Aguinaldo Quezon City 23 October 2001 SUBJECT:

Commander’s Responsibility on Criminal and Administrative Cases Involving Military Personnel

TO:

All Commanders of the Major Services, Area Command, CGs/COs, AFPWSSUs 1.

References: a.

AFPRG 131-091 dtd 21 January 1954; Subject: Arrest and

b.

RA 7055 dtd 20 June 1991.

c.

Administrative Order Nr. 40 dtd 24 February 1993.

Confinement

2. Of late, the daily news bannered the alleged involvement of active and former members of the Armed Forces of the Philippines in high profile crimes or offenses in the likes of bank robberies, kidnap for ransom, hijacking, carnapping, drug-trafficking and gun-running. Certainly, the PNP report or media blitz on the issue adversely affected to an extent the image of the Armed Forces of the Philippines. 1. The resurgence of alleged involvement of active members of the military and/or other law enforcement agencies in various cases in the nature of the above so-called high profile crimes or offenses has drawn serious alarm and apprehension both in the national leadership and the general public for whom the military establishment is mandated to protect. 4, As in several directives issued on the same subject matter, I, for once, direct all unit commanders to be committed in the strict, religious and sustained adherence in the implementation of existing AFP laws, rules, regulations, directives and policies on discipline, law and order. As commanders, you are primarily responsible in the task of instilling discipline on your personnel, including but not limited to the following commander’s responsibilities, to wit:

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RESTRICTED a. Accounting of Personnel.To properly account their respective personnel and closely monitor their activities in order to prevent them from indulging in unwarranted activities. b. Arrest and Confinement of Erring Personnel. To immediately order the arrest and confinement of military personnel who commit, is actually committing or is believed to have actually committed a grave offense. If arrest or confinement is made without prior investigation or formal charges filed immediately upon arrest or confinement, investigation shall be initiated and completed NLT eight (8) days to determine prima facie evidence to justify his continuous confinement, restriction to limits or custody under a responsible Officer . c. Administrative Disposition. (1) To promptly initiate the conduct of investigation to determine the administrative liability of the personnel involved in illegal activities. If found to have committed a grave offense that warrants discharge, his discharge or separation from the service shall be contemporaneous to the turn over of his person to the proper civil authorities for final disposition. (2) Reserve Officers who are apprehended/arrested for the commission of any offense which is not-service connected shall be immediately reverted to inactive status or automatically be reverted to inactive status upon the expiration of his tour of duty, provided investigation has been conducted and the required quantum of evidence to establish administrative liability exists. (3) Regular Officers and Reserve Officers in the active service with the security of tenure under EO 79, s-87 who are apprehended/arrested for any offense not considered service connected shall be proceeded in accordance with EO 337, s-88. d. Custody of Personnel Upon receipt of the adverse report committed by a military personnel under his command, the concerned commander shall immediately take custody of subject military personnel subject to the provision of EO 106, s-37, and cause the expeditious conduct of investigation of such report by an appropriate investigating Officer, if he is not yet under police or court custody. For the purpose of this letter directive, the term “Commanders” refers to the following: Major Service Commanders, Area Commanders, Division Commanders, Brigade Commanders, Battalion Commanders, Company commanders, Platoon Leaders and Detachment commanders and their equivalent in the PN, PAF and AFPWSSUs. 5. Administrative Sanctions. Commanders of erring military personnel found in violation of this directive shall be similarly held accountable either for conduct unbecoming of an officer or as accessory after the fact, including upon failure and/or deliberate refusal to act accordingly and decisively as required by existing AFP laws, regulations, directives or policies, including but not limited to the rendering to the next superior authorities of timely report, delays actions as required or otherwise aids or abets the illegal activities of his subordinates. 6. This directive does not in any manner diminish the responsibility and authority of Chiefs of Offices or supervisors in various offices and/or staff divisions relative to their accountability in the maintenance of discipline, law and order in their organization.

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For guidance, strict compliance and widest dissemination.

(Sgd) DIOMEDIO P VILLANUEVA General, AFP Chief of Staff

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ANNEX H CIRCULAR NUMBER 17

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF NATIONAL DEFENSE GENERAL HEADQUARTERS, ARMED FORCES OF THE PHILIPPINES Camp General Emilio Aguinaldo, Quezon City AFPRS/AGA1

02 October 1987

CIRCULAR NUMBER 17 ADMINISTRATIVE DISCHARGE PRIOR TO EXPIRATION OF TERM OF ENLISTMENT 1. PURPOSE – This Circular prescribes the policies and standards, and procedures and guidance whereby the Chief of Staff, AFP; Commanders of Major Services and other Commanders acting for and by direction of the chief of Staff, AFP may order the discharge of enlisted personnel prior to the expiration of their term of enlistment under AW 109. 2.

DISCHARGE AUTHORITY -

a. The following commander: may order the discharge of enlisted personnel assigned to their respective commands in accordance with the specific reasons, standards and procedures set forth in this Circular. (1)

Chief of Staff, AFP

(2)

Chief of Constabulary

(3)

Commanding General, PA

(4)

Commanding General, PAF

(5)

Flag Officer-In-Command, PN

(6)

Commanders, Regional Unified/specified Commands

(7)

Division, Battalion and Brigade Commanders, PA

(8)

Commandant, Philippine Marines

(9)

Regional Commanders, PC

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Commanders, AFPWSSUs whose T/O rank is BGEN or

(11)

Other Unit Commanders whose staff include a Staff

higher

Judge Advocate b. Whenever use in this Circular, term “discharge authority” refers to the appropriate commanders mentioned above.

3.

OBJECTIVES – a.

To secure efficient utilization of manpower.

b. To provide for the prompt elimination from the service of misfits and undesirables, and for the immediate termination of the current term of enlistment of an enlisted person whose continued stay in the service no longer warranted. c. To assure the individual soldier of substantial justice and fairness in determining the desirability of retention in the service. d. To secure speedy justice while providing legal safeguards to spare the innocent from arbitrary action; and e. To provide an accurate and authentic records of personnel action leading to administrative discharge prior to ETE. 4.

POLICIES -

a. Selective Enlistment – Effort and extreme concern should be exerted to select the best suitable individual from the abundant manpower resourced considering the many applicants for enlistment in the AFP. A thorough and rigid psychological Evaluation should be conducted on all prospective applicants for enlistment to fully determine mental capability/fitness and personality. All bordering cases of applicants, i.e., adequate mental capability but unstable personality be referred to the Neuro-psychiatrist for further clinical assessment. b. Selective Reenlistment – All personnel with confirmed incurable/or expensive to cure personality disorder and strings of cases shall be terminated upon ETE. Reenlisting personnel shall pass a thorough and rigid psychological evaluation and usual clearance before recommended for reenlistment. Borderline cases shall be referred to the Neuro-Psychiatrist, for further clinical evaluation to determine fitness to be reenlisted in the service of rehabilitation. Some personnel may develop in-service difficulties that may effect their personality. In which case the AFP must establish Personnel Crises Intervention Program to help/rehabilitate personnel. c. Disciplinary Power of Commanding Officer – The retention of a problem individual in the service is costly; However, it is not the intent of these H-2

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RESTRICTED regulations to preclude to discourage the trial by “Court-Martial” of wrongdoers when such action is for the best interest of the service. Discharge authorities shall take utmost care that administrative discharge is not resorted to as an easy and economical, substitute for Court-Martial. In cases where punitive action is clearly called for, the particular circumstance of each case shall be judiciously weighed to avoid creating the impression that administrative discharge assures one easy escape from punishment for serious offenses and breaches of military discipline. d. Accountability of Misbehaving Personnel – Discharge is an appropriate procedure for an enlisted person whose behavior renders him repeatedly vulnerable to punitive or other adverse personnel action. The fact that an erring individual discharge without honor may be denied certain benefits or encounter difficulty in securing employment, should be carefully explained to him for his own benefit. 5.

GROUNDS FOR DISCHARGE a.

UNDER HONORABLE CONDITIONS (1)

Minority -

(a) An enlisted person under 21 years of age but now below 18 years at the time of his enlistment who being unemancipated by marriage, enlisted without the consent of either of his parents or legal guardian and upon presentation of satisfactory proof has been made while the enlisted individual is under 21 years old and unemancipated. (b) An enlisted person below 18 years of age shall be discharge upon application of either parent or legal guardian and upon presentation of satisfactory evidence as to his age, whether or not consent was given to his enlistment provided such application is made while the enlisted individual is below 18 years of age. (c) A minor shall not be discharge on his own application. Whenever a minor whose parents or legal guardian have not applied for his discharge, is discovered to be below 18 years of age, the appropriate discharge authority may, in the exercise of his discretion, direct either his discharge or retention in the service. (d) Notwithstanding the foregoing provisions, a minor who is under investigation or court-martial trial for a violation of the Articles of War, or is serving a sentence of confinement as a result thereof, or is under contractual obligation to serve for a certain period in consideration of his training or schooling at government expense, shall not be discharged until his case is disposed of under appropriate military justice procedures. (2)

Dependency or Hardship -

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RESTRICTED (a) Dependency – an enlisted individual may be discharged upon his written request due to death or disability of a member of his family and by reason of which his family becomes principally dependent upon him for care and support. The term “member of his family” or “family” includes only the wife, children, father, mother, brother, sister and any relative who has parental authority over the enlisted person to his enlistment.

(b) Hardship – an enlisted individual may also be discharged upon his written request when, under circumstances not involving the death or disability of a member of his family, his discharge will alleviate undue hardship to his family as to care and support. (c) In no case should an enlisted individual who seeks his discharge by reason of dependency or hardship, be discharged if he is under investigation or court-martial trail or serving a sentence of confinement as a result thereof, until his case is disposed of under appropriate military justice procedures; or is under contractual obligation to serve for a certain period in consideration of training or schooling at government expense; or has served during his current enlistment less than eighteen (18) months, if it is an original enlistment, or less than twelve (12) months if it is a succeeding enlistment. (3)

Marriage -

(a) Officers and enlisted women of the Women’s Auxilliary Corps, may contract without being discharge or separated from the service provided, they have at the time of said marriage, already completed at least three (3) years of continuous active military service in the AFP. Provided, further that any female member of the AFP who has previously separated or discharged honorably by reason of marriage may be called to active duty or reinstated, subject to the above condition and in consonance with rules and regulations as the Chief of Staff, AFP may prescribe. (b) Marriage between Officers and enlisted personnel shall be authorized with strict adherence to the following guidelines; (1) Three (3) years of continuous active military service as prescribed by PD 1910 and cir Nr 7, s-84. (2) Seminar in proper decorum which shall be conducted by TCWAC AFP or her authorized representative for all prospective couples wherein a Certificate of Attendance will be issued which is a requirement in the application for permission to marry. (3) Separation of military and personal responsibility by contracting parties and strict observance of customary standards of military discipline and behavior should be emphasized during the seminar. Separation of unit assignment of prospective couples who are assigned with the same unit/office.

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RESTRICTED

RESTRICTED (4) Convenience of the Government Discharge under this category is authorized for the following reasons.



(a) To accept appointment as Regular Officer or enter an ETAD as a Reserved Officer. (b) To accept appointment as cadet of the Philippine Military Academy/Philippine Air Force Flying Schooling and other military school/academies. (c) To dispose of cases where the immediate separation of the EP does not run counter with existing policy or regulation and that his discharge is deemed most expedient on account of: 1.

Approval

of

petition

for

2.

Acceptance of a better paying

3.

Filing of optional retirement

immigration/residence abroad.

job outside the service.

prior to its approval. 4. Where the EP concerned has plans to contract marriage after denial of his request for permission to marry. 5.

Physical

and

mental

rehabilitation of the EP. 6. Any other exceptional circumstances of conditions that warrant immediate discharge from the service of the AFP in keeping with a more liberal plan of attraction. (d) To dispose of cases where immediate separation due to unfitness, in lieu of discharge after trail by court martial, is determine to be more a convenient, practical and expeditious mode of separation, consistent with the requirements of discipline, morale and welfare and the interest of the service. (5)

For the Good of the Service -

(a) An enlisted person whose suitability or desirability for retention in the service has rendered him subject to administrative separation under paragraph 6b, may by immediately discharged “For the Good of the Service” with his consent, in lieu of separation proceedings indicated in paragraph 6, after he shall executed the certificate of “consent to Discharge for the Good of the Service:.

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RESTRICTED (b) In no case may a discharge under this category be ordered after referral of the respondent enlisted person’s case for investigation as specified in paragraph 6. (c) When discharge for the good of the service or for unsuitability is ordered, the officer in custody of the enlisted person’s record shall enter the remark “Not Recommended for further Service” in the “Remarks” section of the Individual’s Service Record. (6) Unsuitability – an individual may be discharged by reason of unsuitability, not due to misconduct, when it has been determine that he is unsuitable for further military service because of:

(a) Ineptitude or ineptness due to lack of general adaptability, want of readiness or skill, unhandiness or inability to learn; (b)

Character, behavior and personality

disorders due to psychiatric condition; (c) Chronic alcoholism or addiction to alcohol (without overt acts or misconduct or disorder); (d) Homosexual tendencies, desires or interest unaccompanied by over homosexual acts. A homosexual is an individual who demonstrates by behavior, a preference or desire for sexual activity with person’s of the same sex. Homosexual are unfit for military service because their presence impairs to morale and discipline of the organization. Allegations of homosexuality shall be thoroughly and comprehensively inquired into, with due regard for the peculiar susceptibility of such cases to malicious charges. b.

DISCHARGE WITHOUT HONOR -

(1) Undesirability due to misconduct or unfitness – An individual may be discharged under this category for any of the following reasons: (a)

Absence without leave or desertion from any of the

Major Service of the AFP. (b) Prior separation from the AFP or from the Armed services of any foreign country under conditions other than honorable and/or conditions barring entry into the Armed forces of the Philippines. (2) Conviction by civil court – an individual may be discharged under this category upon proof of final conviction by a civil court of a criminal offense during his current term of enlistment. (a) Involving moral turpitude on the nature of which clearly indicates the individual’s unsuitability for associating with other enlisted H-6

RESTRICTED

RESTRICTED personnel including but not limited to crimes against chastity, crimes against national security, murder, infanticide, abortion, kidnapping. Brigandage, smuggling, prostitution, or any of the crimes relative to opium and other prohibited drugs; or (b) For which the individual has been sentenced to imprisonment for more than on (1) year; (3) Trial by Court-Martial – an individual may be discharged under this category on the basis of his trial by court-martial for an offense involving moral turpitude, or for an offense punishable by dishonorable or bad conduct discharge, and such trail has resulted in; (a) Conviction, but the sentence, as approved, does not include a punitive discharge.

(b) Acquittal by court-martial notwithstanding substantial evidence to support a finding of guilty, and the acquittal is based solely on a successful plea of statute of limitation that of durable jeopardy. (4) Desertion or Absence Without Leave – Discharge for desertion or AWOL under this category may be ordered only if, the unauthorized absence has continued for three (3) months or more and trial by court-martial is deemed inadvisable. Discharge must be based on substantial evidence to support the administrative determination of desertion or absence without leave. The term “substantial evidence” means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and should not be confused with “proof beyond reasonable; doubt” necessary to justify a criminal conviction. (5) Pregnancy out of wedlock – An enlisted female who becomes pregnant, has given birth and has any form of miscarriage or abortion out of wedlock as duly certified by competent authority shall immediately be discharged. (6) Immorality – Discharge under this category may be ordered for immoral conduct, including but not limited to: (a) Maintaining illicit relations with a woman/man who is not his/her wife/husband, irrespective of whether both are single and free to marry at the time: (b) Commission of any of the crimes against chastity as defined in the Revised Penal code (adultery, concubinage, seduction, abduction, rape, acts of lasciviousness, corruption of minors and prostitution); (c)

Established homosexual acts and other acts of

sexual perversion. (7)

Frequent incidents of discreditable nature with civil or

military authorities.

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RESTRICTED (8)

An established pattern for: (a)

Shirking from duty or responsibility

(b)

Insubordinate conduct or

(c)

Deliberate failure to pay just debts

(9) Any specific act on misconduct, disorder or neglect not falling under any other provision of the Circular and for which trial by court-martial is deemed inadvisable.

6.

PROCEDURE a.

Discharge Without Honor -

(1) Whenever the appropriate discharge authority has determined that there exist sufficient ground for discharge under paragraph 5b above, of any enlisted person within his command, he shall immediately order that a summary investigation be conducted and completed within seven (7) days, by an officer of his command, on the circumstances affecting the respondent enlisted person’s fitness for retention on the service. Board action is not required. Nevertheless, the respondent shall be given an opportunity to be heard, to present evidence in his behalf and to refute the evidence against him. Where the respondent refuses or fail, without justifiable reason to appear, be heard or present evidence in the investigation, the investigating officer shall take note this facts, and shall complete his investigation with the reception of all pertinent and competent evidence and make the appropriate findings and recommendations. However, except in cases of AWOL or desertion or in cases where physical control is not effective, the enlisted person will not be tried in absentia. If discharge is recommended, the specific provision for the discharge (paragraph 5b) shall be indicated under a category different from that indicated when he first took cognizance of the case, if his findings so warrant. (2) Where the discharge authority (other than the Chief of Staff AFP, and the Major Service Commanders) approves the recommendation for the discharge of the respondent enlisted person, the former shall immediately order the discharge from the service of the latter. The orders to be issued shall not, however, specify the character of the discharge but shall state that the character of the discharge shall be as determined by the Chief of Staff, AFP or the major Service Commander concerned. Thereafter, the records of investigations and/or summary of the incidents or circumstances leading to discharge must be submitted to the Chief of Staff, AFP/ Major Service Commander (Attn: DCS PER/ACS PER) for determination of the character of discharge. Thereupon, the Chief of staff, AFP or the Major Service Commander concerned shall issue orders indicating therein the character of the discharge. (3) When a discharge order has been executed by a discharge authority other than the Chief of Staff, AFP or a Major Service Commander, the H-8

RESTRICTED

RESTRICTED respondent enlisted person may, within thirty (30) days from the date of publication of order appeal his case to the Chief of Staff, AFP or the Major Service Commander concerned, by filing a written notice of appeal with the adjutant General, AFP/Adjutant of the Major Service to which he belongs. (4) Upon receipt of the notice of appeal. The Adjutant General, AFP/Adjutant of the Major Services shall without delay forward/refer all records of investigation and all other pertinent papers to The Judge Advocate General, AFP/Major Service Judge Advocate for his review and advice. Based on said review and advice, the Chief of Staff, AFP/Major Service Commander concerned shall make his final disposition of the case. (5) In the absence of an appeal by the respondent, enlisted person or if an appeal has been filed beyond the period specified in the preceding paragraph, the case shall be subject to automatic review by the Chief of Staff, AFP, or the Major Service Commander. In this case, the character of the discharge shall merely be determined.

(6) In cases where the Chief of Staff, AFP or the Major Service Commander is the discharge authority, he may act on the recommendation of the investigating officer and the characterization of the mode of discharge by DCS Per/ACS Per order the immediate discharge of the enlisted person concerned. (7) For acts of misconduct committed by an enlisted individual within his command, subordinate commanders enumerated in para 2a of this Circular may, upon their own initiative or as may be ordered by higher authorities, conduct an investigation of the charges against the erring enlisted individual following the procedure prescribed in para 6a(1) above, and make appropriate recommendation on the basis of their own findings and evaluation of the evidence presented during the proceeding, to the superior commander authorized to order his discharge under para 5b above, In turn, the appropriate discharge authority may order a reinvestigation upon which he could base his own decision of the matter. b.

discharge for the Goof of the Service -

(1) When an enlisted person’s suitability or desirability for retention in retention in the service has rendered him subject to the separation proceeding under paragraph 5b, his immediate Commanding Officer shall take steps to ascertain whether the primary interest of the service and of the individual will best be served by his prompt discharge in lieu of separation proceedings as prescribed in paragraph 6a. (2) If the immediate command, or any higher command determines that a discharge for the good of the service is appropriate, the immediate commander shall advise the enlisted person; (a) If the specific reason or act of misconduct for which separation proceeding under paragraph 6a is contemplated;

RESTRICTED

H-9

RESTRICTED (b)

If the nature and substance of the available evidence

against him; (c) That he shall be afforded legal counsel by the AFP free if charge, in case he cannot secure a counsel at his own expense; (d) If applicable, that a discharge by reason of unsuitability is an honorable separation from the service and entitles the discharge person to all leave and separation benefits; (e) If applicable that he is discharge as a result of separation proceeding under para 6a reason of undesirability due to misconduct or unfitness, such discharge will deprive him of leave and other benefits incident upon an honorable separation from the service and may cause him substantial prejudice in securing civilian employment; (f) That the discharge for the good of the service in lieu of separation proceedings in accordance with paragraph 6 above, is an honorable separation from the service. However, it renders him unacceptable for reentry into military service; and; (g) That he may avail himself of a discharge for the good of the service only by his written consent made prior to separation proceedings under paragraph 6a, above. (3) If the individual consents to his discharge for the good of the service, the immediate commander shall -(a) Require respondent to sing the statement of “Consent to Discharge for the Good of the Service”. Such written consent shall become a part of respondent’s enlisted personnel records. (b) Report such fact in letter from to the proper discharge authority, stating; respondent’s name, grade, serial umber, and age; date of last enlistment and prior services; brief statement as to the specific reason or act misconduct which renders him subject to separation proceedings under paragraph 6a, and the reason why he does not consider court-martial or separation proceedings under paragraph 6a, advisable, conduct and efficiency ratings; records of court-martial and other disciplinary action; and an other pertinent information. The individual’s statement of “Consent to Discharge for the Good of the Service” will be appended to the letter. (4)

Intermediate commanders shall take either of the following

actions; (a) Disapprove the recommendation of discharge for the good of the service and direct court-martial or separation proceeding under paragraph 6a, as he deems appropriated;

H-10

RESTRICTED

RESTRICTED (b) Approve the recommendation and forward the report to the proper discharge authority for final action. (5) The proper discharge authority shall direct the individual’s discharge for the good the service, court-martial action, separation and proceedings under paragraph 6a, or such other disposition of the case he deems most appropriate. The enlisted person’s immediate commanding officer shall be notified of such action.

7.

MISCELLANEOUS -

a. A discharge from the service under honorable conditions entitles an enlisted person to all furlough and other benefits incidents to an honorable separation from the service. b. A discharge without honor under this Circular is a separation for cause and deprives the individual of furlough and other benefits incident to an honorable separation from the service. c. For the purpose of effecting the prompt separation of an enlisted person whose discharge under honorable conditions has been approved pursuant to this Circular, discharge authorities are authorized to approved and grant all terminal furlough due the discharge enlisted person, regardless of duration, subject to pertinent laws, rules and regulations on furlough. d. Where verification of the individual’s length of service and furlough balance may unduly delay the issuance of terminal furlough and discharge orders, the discharge authority is authorized to order and execute discharge, without prejudice to the discharged individual’s collection of money for all furlough due him upon approval of the computation thereof by proper authorities; e. Discharge Orders – Discharge orders by authorities in paragraph 2 shall be issued “By Command or Order of the Commander” concerned or “By Direction of the Chief of Staff, AFP”, as applicable. f. Administrative Action to Effect Separation – Commanders shall take steps to ensure that clearances and other administrative action to effect the separation of an individual from the service are initiated at the earliest practicable time and completed within reasonable time after discharge is finally approved. g. Dissemination – all commanders shall take steps to ensure that all personnel under them are familiar with the provisions of this Circular. Discharge authorities will provide copies of this Circular down to company level. Instructions on the provisions of this circular shall be included in the troop information program of all units. 8.

RECESSION.

RESTRICTED

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RESTRICTED BY ORDER OF THE SECRETARY OF NATIONAL DEFENSE:

FIDEL V RAMOS General AFP Chief of Staff OFFICIAL: (Sgd) JULIAN M MAALA Colonel PC (GSC) The Adjutant General DISTRIBUTION: “A” REPUBLIC ACT NR 7055

AN ACT STRENGTHENING CIVILIAN SUPREMACY OVER THE MILITARY BY RETURNING TO THE CIVIL COURTS THEJURISDICTION 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, REPEALING FOR THE PURPOSE CERTAIN PRESIDENTIAL DECREES.

SECTION 1. Members of the Armed Forces of the Philippines and other persons subject to military law, including members of the Citizens Armed Forces Geographical Units, who commit crimes or offenses penalized under the Revised Penal Code, other special penal laws, or local government ordinances, regardless of whether or not civilians are co-accused, victims, or offended parties which may be natural or juridical persons, shall be tried by the proper civil court, except when the offense, as determined before arraignment by the civil court, is service-connected, in which case the offense shall be tried by court-martial: Provided, That the President of the Philippines may, in the interest of justice, order or direct at any time before arraignment that any such crimes or offenses be tried by the proper civil courts. As used in this Section, service-connected crimes or offenses shall be limited to those defined in Articles 54 to 70, Articles 72 to 92, and Articles 95 to 97 of Commonwealth Act No. 408, as amended. In imposing the penalty for such crimes or offenses, the court-martial may take into consideration the penalty prescribed therefor in the Revised Penal Code, other special penal laws, or local government ordinances. SECTION 2. Subject to the provisions of Section 1 hereof, all cases filed or pending for filing with court- martial or other similar bodies, except those where the accused had already been arraigned shall within thirty (30) days following the effectivity of this Act be transferred to the proper civil courts: Provided, That the Chief of Staff of the Armed Forces of the Philippines shall upon petition before commencement of trial and with the written consent of the accused, order the H-12

RESTRICTED

RESTRICTED transfer of such excepted case or cases to the proper civil courts for trial and resolution. SECTION 3. Presidential Decree Nrs 1822-A, 1850 and 1952, and all acts, general orders, executive orders, and other presidential issuance’s, rules and regulations inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 4. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved: 20 June 20 199 (Sgd) CORAZON C AQUINO President of the Philippines

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H-14

RESTRICTED

RESTRICTED

ANNEX M ADMINISTRATIVE ORDER NR 40

PRESCRIBING GUIDELINES FOR THE TREATMENT OF THE PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES AND PHILIPPINE NATIONAL POLICE, WHO ADMINISTRATIVE AND CRIMINAL CHARGES

1 WHEREAS, accounts on the involvement of commissioned officers and enlisted/non-officers personnel of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) in criminal activities, coupled with the seeming lack of coordination between some military/police units, have adversely affected the image of the AFP and PNP; 2. WHEREAS for so long as there are misfits and scalawags within the uniformed ranks of the AFP and PNP, reports about their nefarious deeds, whether done singly or in concert with others, including ex-soldiers/policemen and/or civilians, will be perceived negatively by the public and the national leadership to such an extent as to relegate to the background the commendable and substantial accomplishment of our men in uniform; 3. WHEREAS, the drive to expel the undesirable elements from the AFP and PNP must be unrelenting and, more than this, the military/police organizations must take the lead in bringing their own offenders before the bar of justice; NOW THEREFORE, I, FIDEL V. RAMOS, by virtue of the powers vested in me by law, do hereby order: 1. SECTION 1. In administrative cases where the administrative discharge of the military/police personnel with a pending criminal case cognizable before the civil courts is warranted and authorized under existing laws, rules and regulations, his discharge from the military/police service and release from custody should be affected simultaneously and contemporaneously with the referral of his case and the delivery of his person before the proper civil judicial authorities for appropriate action: provided that, if such military/police personnel is charged with a grave offense, the military/police organization should, in coordination with the government prosecutor, actively help to build-up and file the case against him before the civil courts and, thereafter, obtain a court order committing him to military/police custody while undergoing trial to ensure his presence during court hearings; and provided further that, in the meantime, the firearms, ammunition, and all other government properties issued to him must be recalled forthwith. 2. SECTION 2. The commanding officer of an erring military/police personnel shall be similarly held accountable either for conduct unbecoming of an officer or as accessory after the fact in cases where he refuses to act, fails to render a timely report, delays action, or otherwise aids and abets the wrongdoing of his subordinate who is the subject of a valid complaint.

RESTRICTED

M-1

RESTRICTED 3. SECTION. 3. Generally, where the crime or offense committed by a military/police personnel is not service-connected, waiver of court-martial jurisdiction over the case should be recommended to the President, through the appropriate Department, pursuant to Presidential Decree No. 1850, dated October 4, 1982 as amended by Presidential Decree No. 1952, dated September 4, 1984. 4. SECTION. 4. Hand in hand with the purging efforts should be the conduct of measures promotive of discipline and professionalism within the AFP and PNP, including the reminder to the commanders to closely supervise the chain of command and use the “buddy system” to ensure that the whereabouts of the military/police personnel under them and their actuations are known and monitored since discipline exists only when a subordinate who is left alone behaves the way he does when he is in the presence of a respected superior, and the knowledge by commanders and senior officers on how to conduct themselves in public, particularly before the media practitioners. 5.

SECTION. 5. This Administrative Order shall take effect immediately.

DONE in the City of Manila, this 24th day of February in the year of our Lord, Nineteen Hundred and Ninety-Three.

(Sgd) FIDEL V RAMOS President of the Philippines

M-2

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RESTRICTED

ANNEX N STANDARD OPERATING PROCEDURE NUMBER, 02

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF NATIONAL DEFENSE GENERAL HEAQUARTERS ARMED FORCES OF THE PHILIPPINES Camp General Emilio Aguinaldo, Quezon City AGA1

02 November 1987

STANDARD OPERATING PROCEDURE NUMBER, 02

HANDLING AND DISPOSITION OF PERSONS APPREHENDED, ARRESTED AND/OR CONFINED UNDER ARTICLE OF WAR 70 AND EXISTING AFP REGULATIONS

1.

GENERAL

a. Purpose: a. This SOP prescribes the policies, responsibilities and procedures to serve as guides for AFP personnel in the handling and disposition of persons apprehended, arrested, detained or placed in confinement pursuant to AW 70, Sections 18 to 23 of the Manual for Courts-Martial and AFPR G131-091 dtd 21 January 1954. b. Unit Procedure: Major Services and subordinate units shall issue appropriate SOP to conform with this SOP. c. Scope: This SOP applies to all personnel subject to military law under Article of War 2 and Section 1 of Presidential Decree 1850, as amended. 2.

DEFINITION OF TERMS:

a. Prisoner: Any person who is under the physical custody of the military authorities while undergoing trial before or serving sentence by virtue of a final judgment by, any civil or military court. b. Detainee: Any person who is under detention or placed in confinement by the military authorities pursuant to AW 70 while under investigation for a crime or offense. c.

PD’s: Abbreviation for any or all persons defined above.

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N-1

RESTRICTED d. Withdrawal: The authorized temporary release from a place of confinement for purpose of investigation, interrogation or hearing. e. 3.

Release: The discharge of PD’s from custody of confinement.

PROCEDURE:

i. another.

Transfer/Evacuation from one place of confinement/ detention to

1. Responsibility for the security or authorized transfer or movement of PD’s from one place to another shall remain with the custodian until duly received by another authorized custodian. 2. In all movements of PD’s from one place of detention/ confinement to another, the official custodian thereof shall inform the receiving unit/agency by the fastest means available, the number of PD’s and escorts, ETA and the means of transportation used. This information shall be relayed at least 48 hours prior to ETA. Any change due to unavoidable delays shall likewise be reported to the receiving unit/agency by the custodian escort. 3. The appropriate unit within the command shall be responsible for any additional security and/or transportation requirement for PD’s from the point of debarkation to the place of confinement/detention. The former shall assume administrative control over the escorts after accounting and formal turn-over of PD’s. ii. Security Measures: 1. Authority for movement: Movement and transfer of PD’s shall be made only written approval of the CSAFP, Major Service Commanders or their authorized representatives or competent court/investigating Board/Committee. Such authority shall be carried by AFP escorts at all times. 2. Number of Guards/Escorts: As a matter of general number of PD’s to be moved. The guard/escorts detail shall preferably by under an officer. In the absence of one, a reliable NCO may be detailed. 3. Prior to movement, all guards/escorts shall be given detailed instructions on their duties and responsibilities. When necessary, special instruction shall be issued in writing. 4. Arms of Guards/Escorts: In addition to individual issued firearms, they shall be equipped with at least one anti-riot shotgun. 5. Handcuffs, Thumb cuffs and leg-irons: Notorious/dangerous PD’s being moved shall be cuffed. When two or more PD’s are transported, each must be secured to the other. In the absence of handcuffs or legirons, ropes and/or other expedients may be used to secure PD’s being moved. In N-2

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RESTRICTED no case shall be a PD be handcuffed to any part of the vehicle during transit from one place of confinement to another. 6. Inspection of PD’s: Before transfer, all PD’s shall be inspected and searched for dangerous weapons or objects which may be used for escape or self-destruction. 7. PD’s shall not be allowed to talk to authorized person not to receive anything unless such item/article has been previously inspected and cleared by the OIC or NCOIC of the guard/escort detail. 8. No PD shall be accepted for confinement/detention without proper court/board/committee order, unless directed otherwise by the President, SND, CSAFP or Major Service Commander and/or their duly designated representatives. 9. Arrest/Seizure by other Major Services: In the case of persons arrested and articles seized pursuant to AW 70 and where complaints/charges are to be filed with courts-martial or civil courts, the apprehending unit/major service shall retain custody or such persons and/or evidence, except FAs and explosives which shall be deposited with the authorized PNP units of outside of Metro Manila or at the Firearms and Explosive Unit, PNP if at Metro Manila until their disposition is determined by competent authority. iii.

Security in Transit:

1. Responsibility of the Guards: All members of the guard/escort detail shall be responsible for the security of PD’s while in transit. The OIC or NCOIC of the guard/escort detail shall assign to each member his individual responsibility. 2. General Instructions: Whenever possible movements and/or transfers of PD’s shall be made during daytime. Should the detail benighted while enroute, they shall proceed to the nearest PNP or AFP unit, or Provincial or City/Municipal Jail, whichever is the most practicable to spend the night and resume movement the following morning. Precautions shall be taken at all time especially at night to secure PD’s and repel possible surprise attacks from whoever may plot to liberate them. 3. In case of motor trouble and accidents, the Major Service concerned shall be notified by fastest means of communication available. Nearest AFP or police units may be requested to render assistance and/or send the necessary reports. iv.

Receiving PD’s:

1. The post camp or base commander or his authorized representative shall receive PD’s for detention/confinement upon presentation of the required papers. The formed shall issue receipts for such persons, to include their personal effects. A thorough strip search on each detainee shall follow. RESTRICTED

N-3

RESTRICTED

2. Each detainee /prisoner shall be required to fill up personal date sheets, to include fingerprinting /photographing by authorized personnel. These shall be contained in a PD’s Folder Record to be maintained by the Prisons/Confinement Officer, incorporating among other personal circumstances such as name of apprehending agency or unit, date and authority of arrest and other appropriate remarks.

3. Medical examination shall be conducted on each of them by the appropriate medical unit within the first 24 hours of detention. 4.

Quartering:

a. They shall be provided with billeting spaces available in the post, camp, base or station with beds and beddings. b. Separate quarters, comfort and bathrooms shall be provided for male and female PD’s. Suspected hard core rebels and those with subversive leanings shall be further segregated from the others. All PD’s shall not be allowed to keep within their quarters articles other than personal items like toilet articles. c. Extreme care shall be exercised in allowing PD’s to keep personal items that they may be used against his/her guards, or for selfdestruction, like razor blades, etc. d. separately. 5.

Male

and

female

PD’s

shall

be

quartered

Security and Control inside Quarters:

a. PD’s shall be allowed to wear their own clothes. Prisoners and detainees must be classified into three categories.

6. classified into two kinds:

i.

Maximum Security

ii.

Medium Security

iii.

Minimum Security

Moreover, each category of prisoners should further be

1.

Criminal category

2.

Ideological Category

a. Sleeping time (taps) shall be observed at 2200 hrs which automatically includes the putting out of lights. N-4

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b. Bed check /head count shall be conducted at least once between taps and reveille. If the need arises, they shall be awakened and requested to fall in line for accurate accounting and conduct roll call/muster. c. Mails /parcels detainees and suspect, shall be inspected or censored.

for

or

from

prisoners,

d. Daily inspection shall be conducted to check the cleanliness and orderliness for their quarters. Custodial personnel may require them to some cleaning within their premises or engage in useful activities. e. No conjugal visitation or personal care inside the places of detention /confinement shall be allowed. 7.

Control of Visitors:

1. Visiting hours shall be observed as follows 0900 1200 hrs and 1400-1700 hrs daily. 2. Only immediate members of the family of the PD’s shall be allowed visitation. For purposes of this sub-paragraph, the phrase “immediate members of the family” shall refer to relatives within the second degree of consanguinity or affinity. 3. All visitors shall be cleared in accordance with AFP and/or applicable camp rules and regulations. They shall be required to accomplish visitor’s pass/information sheets (format as prescribed) and made to sign in appropriate log/visitors books. No article may be passed between visitors and PD’s unless censored/checked by the guard at the visitors room. 4. The time allotted for a group of visitors per person visited shall be limited to a maximum of 1 hour per visit depending on the number of visitors to be accommodated. A group or set of visitors each detainee shall as much as possible be limited to five (5) persons only and the maximum number of groups visiting at any time shall not exceed ten (10). 5. Any or all visitors may be subjected to search before they are allowed to visit. Refusal to be searched shall be a ground for denial of their visiting privileges. 6. Visitors shall be entertained at the visitors’ room only, and shall not be allowed to enter as may be appropriate. 7. Any PD may be allowed to visit by legal counsels within reasonable hours of the day as may be appropriate.

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RESTRICTED 8.

Messing:

1. Daily subsistence allowance of PD’s should not be less than eight pesos and fifty centavos (P8.50) a day. The appropriate unit will be responsible for their messing. 2.

Messing time shall be prescribed as follows: a. hrs

Breakfast - - - - - - - - - - - - - 0630 to 0730

b. Lunch - - - - - - - - - - - - - - - -1130 to 1230hrs c. hrs 9.

Supper - - - - - - - - - - - - - - - 1730 to 1900

Recreation and Welfare:

1. TV sets with or without betamax and radios, electric fans and other items for personal comfort of detainees may be allowed inside their quarters, subject to the best judgment of the confinement officers. 2. Newspapers magazine and other reading materials may be made available in their day room quarters. Personal reading materials may be allowed subject to the prescribed censorship. 3. The Chief Chaplain or his authorized representatives shall be responsible for the spiritual and moral guidance and needs of PD’s. 4. Medical and dental care and visits shall be accorded to them by the Chief, Surgeon and Chief Dental Surgeon or their authorized representatives for time to time. 5. Supervised physical conditioning shall be held at least once a week within the premises of their quarters, to be conducted by the prisons/confinement officer.

10.

Withdrawal and Release:

1. No prisoner/detainee shall be withdrawn or released without the written approval of the competent military authority, which may be: 2. For Officers By the Major Services Commanders or CSAFP or his duly authorized representatives for those assigned with AFPWSSUs.

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RESTRICTED a. For enlisted personnel – By the Committing Officer/ TDCS/ J1 or their counterpart in the Major Services. 3. The Security of PD’s while going to and returning from a place or investigation, interrogation, trial or elsewhere shall be the responsibility to the prison/confinement officer. The security of the detainee/prisoner while under investigation/ interrogation/trial shall be the responsibility of the custodian and/or escort elements. If a detainee is to be kept at the office of the investigators for more than 24 hours, the approval of Major Service Commander or his duly authorized representative shall be secured. 4. A detainee whose release is directed by competent authority shall sign a certificate that he has not been maltreated of otherwise harmed or coerced during the period of his/her detention. 5. A detainee who is granted temporary/conditional release shall sign a certificate the he shall comply with all the conditions of the release

and that violation of such conditions shall subject him to further detention. They maybe recalled for further investigation at anytime as circumstances may warrant.

6. A detainee placed under house arrest shall be provided with adequate guards. He shall leave his/her residence without the permission or the competent authority placed him under “house arrest”.

11. Passes: Passes shall be allowed only on emergency case to officer on written authority of the CASFP in the case of AFPWSSUs or the Major Service Commanders for officers in the Major Service. Passes for enlisted personnel shall be authorized by TDCS/J1 or their counterparts in the Major Services. The CSAFP/Major Service Commander shall indicate in the passes whether or not escorts shall be provided. For purposes of this sub-paragraph the term “emergency” shall refer to death or sickness or the spouse or a relative within the second degree of consanguinity or affinity. The following conditions shall be strictly observed by the PD on pass. 1.

He/she should not allow himself/herself to be

interviewed by the media. 2.. He /she should make his/her whereabouts/activities known to the Chief PNP or his designated representatives, and 3. He/she should not engage himself/herself in any activity inimical to the AFP and to the country in general, or violative of our laws, rules and regulations.

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4.

REPORTS:

a. A report showing the names, number and status of PD’s duly categorized shall be rendered every 15th and end of the month by all units maintaining detention of PD’s to the Major Services Commanders indicating gains and losses for the period. b. Individual records of detainees, together with all pertinent papers of released detainees will be forwarded to the Major Services Commander within five (5) days after release. c. The Major Service Commanders shall render a consolidated report to the CSAFP on the 5th day of every month.

5. RESCISSION: All SOP’s and instructions in conflict with the above are hereby rescinded.

6.

This SOP shall take effect upon publication.

BY COMMAND OF GENERAL RAMOS:

(Sgd) JULIAN M MAALA Colonel, PC (GSC) The Adjutant General

DISTRIBUTION: “A”

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ANNEX O Circular Number 16 REPUBLIC OF THE PHILIPPINES DEPARTMENT OF NATIONAL DEFENSE GENERAL HEADQUARTERS, ARMED FORCES OF THE PHILIPPINES Camp General Emilio Aguinaldo, Quezon City AGPCR2

01 October 1991

CIRCULAR NUMBER 16 RULES AND PROCEDURES IN HANDLING ADMINSITRATIVE CASES AGAINST CIVILIAN PERSONNEL IN THE AFP 1. PURPOSE – This Circular prescribes the rules and procedures in handling administrative cases against civilian personnel in the AFP. 2.

AUTHORITIES-

a. Section 36, Article IX, Presidential Decree Nr 807, dated 6 October 1975, known as Civil Service Decree of the Philippines. b. Staff Memo Nr 3, FGQ AFP, dated 20 May 1990 Mission, functions and organization of the Office of the Ethical Standard and Public Accountability (OESPA); c. Staff Memo, FHQ AFP, Mission and functions and Organization of the Office of the Provost Marshal General. d. Staff Memo Nr 8, GHQ AFP, dated 18 November 1981 Mission, Functions and Organizations of the Office of the Inspector General, AFP (OTIG); e. Civil Service Commission Mc Nr 30, dated 20 July 1989, Guidelines in the Application of Penalties in Administrative Cases. 3. SCOPE OF RESPONSIBILITY: As embodied in para 2a, b, c, and d above, the following bodies/offices shall investigate and evaluate administrative cases of civilian personnel after preliminary investigation have been conducted by units/offices concerned and a prima facie case has been established; a.

OESPA – All offenses classified as grave acts violate of rues and regulations under RA 6713 (Code of Conduct and Ethical Standards for Public Official and Employees) and RA 3019 specifically related to graft and corrupt practices.

b.

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GENERAL PROVISIONS:

a. No official or employee in the Civil Service Shall be removed or suspended except for a cause as provided by law and after due process. b. No complaint against an official or employee shall be give due course unless the same is in writing and subscribed and sworn to by the complainant, except it from the face of an anonymous complaint, there are substantial leads which would established the existence of the offense, when an investigation on the matter may be ordered. The head of the office shall take initiative in filing the formal charge against the official or employee concerned. c. In meeting out punishment, the same penalties shall be imposed for similar offenses and only one penalty shall be imposed in each case. An admonition or a warning shall not be considered a penalty. Application of penalties in administrative cases shall be governed by the guidelines under CSC MC Nr 30 dated 20 July 1989. d. The reassignment of an official or employee from one organization unit to another in the same command without reduction in rank or salary when made in the interest of the service and not arising from administrative action shall not be considered disciplinary. 5.

DISCIPLINARY JURISDICTION:

a. The Civil Service Commission shall decide upon appeal on all administrative cases involving the imposition of a penalty of suspension of all permanent employee for more than thirty (30) days, or fine in an amount exceeding thirty (30) days salary, demotion in rank or salary or transfer, removal or dismissal from the service. Results of investigation shall be submitted to the Civil Service Commission through the SND with recommendation as to the penalty to be imposed and other action to be taken. b. Commanders of Major Services and The Deputy Chief of Staff, ADP in the case of GHQ, AFP Wide Support and Separate Units and Area Commands as Disciplinary authorities, shall have jurisdiction to investigate and decide matters involving disciplinary action against officials and employees under their jurisdiction. The decision shall be final in case the penalty imposed is suspension for not more than thirty (30) days or fine in an amount not exceeding thirty (30) days salary. In case the decision rendered is appealable to the Civil Service Commission, the same may be initially appealed to the Secretary of National Defense and finally to the Civil Service Commission and pending appeal, the same shall be executory only after confirmation by the Secretary of National Defense. c. An investigation may be entrusted to a duly designated investigating officer who shall make the necessary report and recommendation to the Chief/Commanding Officer of unit/office concerned, endorsed to the Commanders of respective Major Services or The Deputy Chief of Staff, AFP for GHQ, AFPWSSUs and ACs’ for decision and further endorsement to the Secretary of National Defense for confirmation, as the case may be. O-2

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6. PREVENTIVE SUSPENCION: The proper disciplinary authority may preventively suspend any subordinate official or employee under his authority pending investigation, if the charge against such official or employee involves dishonesty, oppression, or grave misconduct, or neglect in the performance of duty, or if there are strong reasons to believe that the respondent is guilty of the charges which would warrant his removal from the service f. A copy of the decision shall furnish the respondent and shall become final if the respondent does not file for reconsideration or appeal and within fifteen (15) days from receipt of the decision. 7. APPEAL: After a decision has been rendered on the case, the parties or their counsels are furnish with a copy of the decision. Where one party is not satisfied with the decision, the law (Section 39 of PD 807) provides: “Section 39. Appeals – (a) Appeals, where allowable, shall be made by the party adversely affected by the decision within fifteen (15) days from receipt of the decision unless a petition for reconsideration is reasonably file, which petition shall be filed within fifteen (15) days. Notice of the appeal shall be filed with the disciplining office (OSND), which shall forward the records of the case, together with the notice of appeal, to the appellate authority (CSC) within fifteen (15) days from filing of the notice of appeal, with its comment, if any. The notice of appeal shall specifically state the date of the decision appealed from the date of receipt thereof. It shall also specifically set forth clearly the grounds relied upon for excepting from the decision. (b) A petition for reconsideration shall be based only on any of the following grounds; (1) New evidence has been discovered which materially affects the decision rendered; (2) The decision is not supported by evidence on record; or (3) Errors of law or irregularities have been committed prejudicial to the interest of the respondent; Provided, that, only one petition for reconsideration shall be entertained”. 8.

EFFECTIVITY: This circular shall take effect upon publication.

BY ORDER OF THE SECRETARY OF THE NATIONAL DEFENSE:

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(SGD) LISANDRO C ABADIA General AFP Chief of Staff

(SGD) JORGE P AGCAOILE Colonel, PAF (GSC) The Adjutant General DISTRIBUTION: “A”

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ANNEX P REPUBLIC ACT NO. 9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES.

Section 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004." Sec. 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security. Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party. Sec. 3. Definition of Terms.- As used in this Act: (a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts: A.

"Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to: 1) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; 2) Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other RESTRICTED

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Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following: 1) Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code; 2) Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

3)

Destroying household property;

4) Controlling the victims' own money or properties or solely controlling the conjugal money or properties. 5) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. 6) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. 7) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof. 8) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship. 9) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.

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RESTRICTED 10) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim. 11) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care. Sec. 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children. Sec. 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts: a. Causing physical harm to the woman or her child; b. Threatening to cause the woman or her child physical harm; c. Attempting to cause the woman or her child physical harm; d. Placing the woman or her child in fear of imminent physical harm; (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; (3) legal right; and

Depriving or threatening to deprive the woman or her child of a

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties. (5)

Inflicting or threatening to inflict physical harm on oneself for the RESTRICTED

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RESTRICTED purpose of controlling her actions or decisions; (6) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; (7) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: (8)

Stalking or following the woman or her child in public or private

places; (9) Peering in the window or lingering outside the residence of the woman or her child; (10) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; (11) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (12)

Engaging in any form of harassment or violence.

(13) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.

Sec. 6. Penalties.- The crime of violence against women and their children, under Sec. 5 hereof shall be punished according to the following rules: (1) Acts falling under Sec. 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code; (2) If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prisioncorreccional; and those constituting slight physical injuries shall be punished by arresto mayor; (3) Acts falling under Sec. 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor; P-4

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(4) Acts falling under Sec. 5(c) and 5(d) shall be punished by arrestomayor; Acts falling under Sec. 5(e) shall be punished by (5) prisioncorreccional; (6) Acts falling under Sec. 5(f) shall be punished by arresto mayor (7) (8) prision mayor.

Acts falling under Sec. 5(g) shall be punished by prision mayor; Acts falling under Sec. 5(h) and Sec. 5(i) shall be punished by

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the Sec. In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court. Sec. 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant. Sec. 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Sec. 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following reliefs: a. Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Sec. 5 of this Act; b. (b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly; c. (c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects from the residence, the RESTRICTED

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RESTRICTED court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence; d. Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member; e. Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal belongings; f. petitioner;

(f) Granting a temporary or permanent custody of a child/children to the

g. Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court; h. Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court, including revocation of license and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter; i. Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses, childcare expenses and loss of income; j. Directing the DSWD or any appropriate agency to provide petitioner may need; and k. Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief. Any of the reliefs provided under this Sec. shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.

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RESTRICTED The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO. Sec. 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the following: a. The offended party; b. Parents or guardians of the offended party; c. Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity; d. Officers or social workers of the DSWD or social workers of local government units (LGUs); e. Police officers, preferably those in charge of women and children's desks; f. Punong Barangay or Barangay Kagawad; g. Lawyer, counselor, therapist or healthcare provider of the petitioner; h. At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed. Sec. 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under Sec. 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court. Sec. 11. How to Apply for a Protection Order. – The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information: a. names and addresses of petitioner and respondent; b. description of relationships between petitioner and respondent; c. a statement of the circumstances of the abuse; d. description of the reliefs requested by petitioner as specified in Sec. 8 RESTRICTED

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RESTRICTED herein; e. request for counsel and reasons for such; f. request for waiver of application fees until hearing; and g. an attestation that there is no pending application for a protection order in another court. If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing. An application for protection order filed with a court shall be considered an application for both a TPO and PPO. Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention. Sec. 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months. Sec. 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO. However, a private counsel offering free legal service is not barred from representing the petitioner. Sec. 14. Barangay Protection Orders (BPOs); Who May Issue and How. Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Sec. 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the P-8

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RESTRICTED Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service. The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay. Sec. 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO. Sec. 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing. Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made. The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant. The court may grant any, some or all of the reliefs specified in Sec. 8 hereof in a PPO. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate personal service of the PPO on respondent. The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application. Regardless of the conviction or acquittal of the respondent, the Court must RESTRICTED

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RESTRICTED determine whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist. Sec. 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court: "VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW." Sec. 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a protection order within the reglementary period specified in the previous Sec. without justifiable cause shall render the official or judge administratively liable. Sec. 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act. Sec. 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order. Sec. 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the trial court may motuproprio issue a protection order as it deems necessary without need of an application. Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. Sec. 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and their children. Sec. 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued to give a bond to keep the peace, to present two P-10

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RESTRICTED sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented. Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Sec. 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Sec. 5(g) to 5(i). The protection orders referred to in this Sec. are the TPOs and the PPOs issued only by the courts. Sec. 24. Prescriptive Period. – Acts falling under Sec.s 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Sec.s 5(g) to 5(i) shall prescribe in ten (10) years. Sec. 25. Public Crime. – Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime. Sec. 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code. In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists. Sec. 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall not be a defense under this Act. Sec. 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise. A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome. Sec. 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the following duties when dealing with victims under this Act: a. communicate with the victim in a language understood by the woman or her child; and

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RESTRICTED b. b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants. Sec. 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the following duties: a. respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s; b. confiscate any deadly weapon in the possession of the perpetrator or within plain view; c. transport or escort the victim/s to a safe place of their choice or to a clinic or hospital; d.

assist the victim in removing personal belongs from the house;

e. assist the barangay officials and other government officers and employees who respond to a call for help; f. ensure the enforcement of the Protection Orders issued by the PunongBarangy or the courts; g. arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and h. immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs). Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability. Sec. 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed by the victim of violence shall: a. properly document any of the victim's physical, emotional or psychological injuries; b. properly record any of victim's suspicions, observations and circumstances of the examination or visit; c. automatically provide the victim free of charge a medical certificate concerning the examination or visit; P-12

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d. safeguard the records and make them available to the victim upon request at actual cost; and e. provide the victim immediate and adequate notice of rights and remedies provided under this Act, and services available to them. Sec. 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish programs such as, but not limited to, education and information campaign and seminars or symposia on the nature, causes, incidence and consequences of such violence particularly towards educating the public on its social impacts. It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and training of their officers and personnel on the prevention of violence against women and their children under the Act. Sec. 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. Sec. 7 of the Family Courts Act of 1997 and Sec.s 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act. Failure to comply with this Sec. shall render the official or judge administratively liable. Sec. 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom. Sec. 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women and their children shall have the following rights: a.

to be treated with respect and dignity;

b. to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office; c.

To be entitled to support services form the DSWD and LGUs'

d. To be entitled to all legal remedies and support as provided for under the Family Code; and e. To be informed of their rights and the services available to them including their right to apply for a protection order.

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RESTRICTED Sec. 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary damages. Sec. 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act Sec. 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes. Sec. 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their children, hereinafter known as the Council, which shall be composed of the following agencies: a.

Department of Social Welfare and Development (DSWD);

b.

National Commission on the Role of Filipino Women (NCRFW);

c.

Civil Service Commission (CSC);

d.

Commission on Human rights (CHR)

e.

Council for the Welfare of Children (CWC);

f.

Department of Justice (DOJ);

g.

Department of the Interior and Local Government (DILG)

h.

Philippine National Police (PNP);

i.

Department of Health (DOH);

j.

Department of Education (DepEd);

k.

Department of Labor and Employment (DOLE); and

l.

National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives. The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive P-14

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RESTRICTED emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations. Sec. 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the victims temporary shelters, provide counseling, psychosocial services and /or, recovery, rehabilitation programs and livelihood assistance. The DOH shall provide medical assistance to victims. Sec. 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement. Sec. 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All agencies involved in responding to violence against women and their children cases shall be required to undergo education and training to acquaint them with: a. their children;

the nature, extend and causes of violence against women and

b. the legal rights of, and remedies available to, victims of violence against women and their children; c.

the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and e. techniques for handling incidents of violence against women and their children that minimize the likelihood of injury to the officer and promote the safety of the victim or survivor f. The PNP, in coordination with LGU's shall establish an education and training program for police officers and barangay officials to enable them to properly handle cases of violence against women and their children. Sec. 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order. Any employer who shall prejudice the right of the person under this Sec. shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.

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Sec. 44. Confidentiality. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter's consent, shall be liable to the contempt power of the court. Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00). Sec. 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the annual General Appropriations Act (GAA). The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement services for victim of violence against women and their children. Sec. 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act. Sec. 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws, shall have suppletory application. Sec. 48. Separability Clause. – If any Sec. or provision of this Act is held unconstitutional or invalid, the other Sec.s or provisions shall not be affected. Sec. 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation. Approved: March 08, 2004

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ANNEX Q SOP Nr 1 GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES Camp General Emilio Aguinaldo, Quezon City

AGPCR

26 March 1993

STANDING OPERATING PROCEDURE NUMBER 1 DISPOSITION OF ANONYMOUS COMPLAINTS/REPORTS 1. PURPOSE: To establish a standing operating procedure in the handling of complaints/reports of violation of AFP military and civilian personnel. 2. SCOPE: This SOP shall be observed and adhered to by the Office of the Inspector General, AFP, all commanders, major services, area commands, and all AFP units which might be tasked to investigate complaints/report. 3. PROCEDURE: To protect AFP personnel from undue harassment, only meritorious anonymous complaints/report shall be taken cognizance of and shall be thenceforth investigated; a. Anonymous complaints/report, to be considered meritorious must satisfy any of the following conditions; Upon initial/verification, contains correct names and address of witnesses; b. That supporting documents/evidence to the complaints/reports could be verified and obtained from offices or persons mentioned in the complaint. c.

Gives sufficient leads to pursue Investigation.

d. Anonymous complaints/reports that are not meritorious shall be dismissed outright. However, they shall be filed for future reference. These reports should refer from the files after three (3) months of inactivity and should not stop the issuance of clearance. e. Complaints/reports meritorious or not consisting allegations with bearing on national security shall be referred to cognizant offices/agencies for Investigation/appropriate actions. These complaints shall be terminated within six (6) months. f. The Major Services; AFPWSSUs and other GHQ units with IG/PM shall submit to this Headquarters (Attn: OTIG/TPMG) reports of all meritorious anonymous complaints/reports received and disposed of. Also, reports of Investigation and other pertinent records/document shall be transmitted.

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4.

EFFECTIVITY: This SOP shall take effect upon publication.

BY COMMAND OF GENERAL ABADIA:

(Sgd) OCTAVIUS S DAUZ Captain PN (GSC) Adjutant General DISTRIBUTION: “A”

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ANNEX R Class “E” Allotment

GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES OFFICE OF THE PROVOST MARSHAL GENERAL Camp General Emilio Aguinaldo, Quezon City

(Date) SUBJECT:

Class “E” Allotment

TO: ______________________________ 1. Request that the amount of ______________________ (in words) ___________________ (___ in figures___) be allotted to ____________________ presently residing at ____________________ beginning ___________________ and monthly thereafter. 2. It is understood that I will immediately notify the Disbursing Officer thru Channel on the changes of my status and/or assignment from time to time. 3.

The following are the three (3) specimen signature for the allotter: ______________________________ ______________________________ ______________________________

4. The reason for filing son/daughter/mother/father.

of

this

application

is

to

support

my

wife/

5. I hereby certify that I and my family are not living together in our conjugal abode. 6.

I certify further that the foregoing is true and correct. ____________________________ ____________________________ ____________________________

ACKNOWLEDGEMENT (REPUBLIC OF THE PHILIPPINES) ) S.S _____________________________) BEFORE ME on this _____________________ at _________________ personally appeared ______________________ and ______________________ their Community Tax Certificate as shown above, known to me and to be known to RESTRICTED

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RESTRICTED be the same person who executed the foregoing instrument and acknowledges that the same their free and voluntary act and deed. This instrument is written and has been signed by the parties and witnesses on each and every page hereof and relates to as a Deed of Assignment. WITNESS MY HAND AND SEAL, on the date and place first above written.

_______________________ Notary Public Doc No. ___________ Page No.___________ Book No.___________ Series of ___________

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ANNEX S REPUBLIC ACT NO. 8294

AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED "CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR RELEVANT PURPOSES."

Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended to read as follows: cralaw

"Sec. 1.Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or instruments used or intended to be used in the manufacture of firearms or ammunition. — The penalty of prisioncorreccional in its maximum period and a fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition: Provided, That no other crime was committed. "The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall be imposed if the firearm is classified as high powered firearm which includes those with bores bigger in diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered powerful such as caliber .357 and caliber .22 center-fire magnum and other firearms with firing capability of full automatic and by burst of two or three: Provided, however, That no other crime was committed by the person arrested. "If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance. "If the violation of this Sec. is in furtherance of or incident to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an element of the crime of rebellion, or insurrection, sedition, or attempted coup d'etat. "The same penalty shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal authority to be

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RESTRICTED carried outside of their residence in the course of their employment. "The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed firearm outside his residence without legal authority therefor." Sec. 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows: "Sec. 3.Unlawful manufacture, sale, acquisition, disposition or possession of explosives.— The penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty thousand pesos (P50,000) shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person. cralaw

"When a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death of any person or persons, the use of such explosives, detonation agents or incendiary devices shall be considered as an aggravating circumstance. "If the violation of this Sec. is in furtherance of, or incident to, or in connection with the crime of rebellion, insurrection, sedition or attempted coup d'etat, such violation shall be absorbed as an element of the crimes of rebellion, insurrection, sedition or attempted coup d'etat. "The same penalty shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the explosives owned by such firm, company, corporation or entity, to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs." Sec. 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows: "Sec. 5.Tampering of firearm's serial number. — The penalty of prisioncorreccional shall be imposed upon any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm." Sec. 4. Sec. 6 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows: "Sec. 6.Repacking or altering the composition of lawfully manufactured explosives. — The penalty of prisioncorreccionalshall be imposed upon any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives." Sec. 5.Coverage of the Term Unlicensed Firearm. — The term unlicensed firearm shall include: 1) firearms with expired license; or cralaw

cralaw

cralaw

2) unauthorized use of licensed firearm in the commission of the crime. Sec. 6.Rules and regulations. — The Department of Justice and the Department of the Interior and Local Government shall jointly issue, within ninety (90) days after the

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RESTRICTED approval of this Act, the necessary rules and regulations pertaining to the administrative aspect of the provisions hereof, furnishing the Committee on Public Order and Security and the Committee on Justice and Human Rights of both Houses of Congress copies of such rules and regulations within thirty (30) days from the promulgation hereof. Sec. 7.Separability clause. — If, for any reason, any Sec. or provision of this Act is declared to be unconstitutional or invalid, the other Sec.s or provisions thereof which are not affected thereby shall continue to be in full force and effect. Sec. 8.Repealing clause. — All laws, decrees, orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly. Sec. 9.Effectivity. — This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation. Approved: June 6, 1997

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ANNEX T CIRCULAR NUMBER 8

REPUBLIC OF THE PHILIPPINES MINISTRY OF NATIONAL DEFENSE GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES Camp General Emilio Aguinaldo, Quezon City AGAI

21 July 1978

CIRCULAR NUMBER 8 RESTRICTIONS ON THE CARRYING OF FIREARMS 1.

REFERENCES:

a. General Order Nr 6, Office of the President, dated 22 September 1972 pertaining to the Ban on Firearms. b. General Order Nrs 7 and 7-A, Office of the President, dated 23 September and 30 September 1972, respectively. c.

Presidential Decree Nrs 9, 39 and 884, s-72.

d. SND Memo to CSAFP dated 30 January 1976; Subject: “Improvement of Discipline and Public Image of the AFP”. e. GHQ Letter Directive, dated 17 January 1977; Subject: “Carrying of Firearms”. f. SND Memo to CSAFP, dated 10 May 1978; Subject: “Issuance of Firearms by AFP Unit Commanders and Staff Officers to Civilians Particularly Those Employed by the AFP”. g. LOI Nr 621 pertaining to Rules and Regulations on Arrest, Inquest and Prosecution, dated 27 October 1977. 2. PURPOSE: This Circular prescribes the limitations and restrictions in the carrying of firearms by personnel of the AFP, the procedures in the issuance of Mission Orders, and the proper disposition of military and civilian personnel violating the Ban on Carrying of Firearms. 3.

SCOPE AND BASIC POLICIES:

a. The basic policies governing the keeping, possessing or carrying of firearms outside one’s residence emanate from General Order Nrs 6, 7 and 7-A of the afforested references.

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RESTRICTED b. Carrying of government as well as personally-owned firearms possessed by personnel of the AFP under a Certificate of Registration (CR), Special

Permit (SP), Regular License or Memorandum Receipt (MR) issued in connection with their official duties and functions shall be governed by this Circular. c. Administrative procedures and instructions, limitations, enforcement procedures and the responsibilities of Commanders in connection with the carrying of firearms by personnel of the AFP are likewise prescribed in this Circular. d. Gun-totting or the unauthorized/ostentatious display or use of firearms or their misuse or other dangerous practices in the handling thereof not falling within the purview of specifically defines criminal acts, shall be punished as an offense under Articles of War and/or applicable laws and regulations. e. Personal possession of unlicensed firearms is punishable by law under Presidential Decree Nr 9, s-72. 4.

ADMINISTRATIVE PROCEDURES AND INSTRUCTIONS. a.

The following are authorized to carry firearms outside residence:

1) AFP personnel in the actual performance of duty. The term duty as used herein shall mean a task or function that requires the use of firearm to insure its accomplishment. This includes, but is not limited to, guarding or securing persons legally entitled protection, and government property; enforcing laws and regulations; participation in training, combat, police, intelligence and security operations; detail as participants in parades and ceremonies, and the like. The authority to carry firearms in the above instances shall apply not only at the specific places of duty but also from the camps, barracks, quarters or assembly area of such personnel to their place of duty and back. 2) AFP personnel in the actual performance of official mission. The term official mission shall refer to one that requires the carrying of firearms. Strictly, not all official missions require the carrying of firearms to insure their successful accomplishment. b.

Authority to Carry Firearms:

1) For AFP personnel in the actual performance of duty such as those enumerated above, the letter order detailing them to such duty, the operation order in combat, police, intelligence or security operations, andm other written instructions indicating the authority to carry FAs issued by a competent authority, shall be sufficient. In some instances, the authority may be verbal, provided the individuals are in uniform, within their area of operation or in the vicinity of their place of duty, and accompanied by a person in charge.

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RESTRICTED 2) In the case of those who are on official mission, the authority to carry firearms shall be indicated in the mission order. 3) Possession of Memorandum Receipt (MR), Certificate of Registration (CR), Special Permit (SP) or Regular License is not an authority to carry firearms outside residence. c.

Manner of Carrying Firearms:

1) Members of the AFP who are authorized to carry firearms shall do so, as a general rule, while in proper uniform. 2) The sidearm carried by a person in uniform, shall be placed in a holster securely attached to the belt, except that military pilots in flying uniforms and crew of armored vehicles may carry their firearms in shoulder holsters. 3) Personnel in uniform but without holster and those in civilian clothes who are authorized to carry firearms outside their residence shall ensure that their firearms are concealed unless in actual use for a legitimate purpose. 4) The practice of flagrantly displaying a firearm or bucking it at the waist while in uniform or in civilian clothes is prohibited. 5)

Only firearms specifically described in the mission order

shall be carried. 5.

LIMITATIONS AND RESTRICTIONS:

a. Members of the AFP who are authorized to carry firearms shall not enter liquor drinking places, cabarets, public dance halls and public amusement places, civic, political and religious rallies and meetings, unless their mission so requires. When it is necessary to enter restaurants and other eating places, the leader of the group shall see to it that no liquor of any kind is served to those persons authorized to carry firearms to forestall any disorderly conduct. b. Carrying of long firearms is prohibited in Metro Manila, chartered cities, provincial capitals, and other thickly populated areas or in fiestas or other large gatherings, except: 1) When actually performing duties under the charge and supervision of an officer or when performing duties ordered by their superior officer. In either case, a mission order is necessary. 2) When performing an ordered security duty for a private person, government official, installation or area, even though not accompanied by an officer, provided the person concerned has a mission order.

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RESTRICTED 3) On occasion of a raid or an equally dangerous mission for which the unit commander or chief of office has issued an operation and/or mission order. 4) When the personnel concerned are traveling in a group, or part of a group in transit or on official business within the prohibited areas, even though the officer in charge is not present. 5) When the person concerned is actually responsible for valuable government property such as, when driving a government vehicle or when bringing delicate and valuable equipment or instrument, provided he has a mission order. 6) Military personnel on leave/pass/furlough/R&R shall not carry firearms held by them under Memorandum Receipt, Certificate of Registration, Special Permit or Regular License. 6.

PROCEDURE IN THE ISSUANCE OF MISSION ORDERS: a.

The following are authorized to issue Mission Orders:

1) Detachment Commanders of remote areas whose higher commander cannot easily be available to issue such orders and Company Commanders or their equivalent in the PAF and PN. 2) Commanders of battalions and higher units and their equivalent in the PAF and PN. 3)

Chiefs of Gen Staff of AFPWSSUs and major units of the

Major Service. b. Commanders and Chief of Offices who are empowered under this Circular to issue mission orders shall evaluate and ascertain carefully whether it is absolutely necessary for the individual to carry firearm in connection with the mission or duty and if the individual concerned possesses the training discipline and the disposition to utilize properly such firearm when the need arises, before issuing an authority to carry firearm. c. All officers authorized to issue mission orders shall keep a logbook of mission orders issued in chronological sequence with control numbers. Such logbook shall be made available for inspection during scheduled AGIs and staff visits of higher headquarters. d. Mission orders involving the carrying of firearms shall be in accordance with the attached format and must indicate among others, the following: 1) Date. Date of issue shall be on or before the actual mission is to be undertaken. Ante-dating of mission orders is not allowed.

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RESTRICTED 2) Control Number. a permanent record book of all mission orders with control number arranged in chronological sequence shall be maintained. 3) The name(s) of the individual(s) performing the mission. If more than one individual is directed to go on a particular mission, all their names shall be indicated and the leader of the group shall be specifically designated. The leader shall get hold of the copy of the orders 4)

Destination. All places to be covered during the mission.

5) Purpose. The specific mission or purpose for which the MO is issued. The term to carry out confidential mission is not authorized except on missions which are really classified as such. The only officers authorized to issue highly confidential mission orders for this Circular are the following: e.

CSAFP

1) Commanders, Major Services & Unified Commands and Tactical Units down to Brigade level and their equivalent in the PAF and PN. 2)

Chief, ISAFP and Commanders of Intelligence Units

3)

Duration - inclusive date of the mission.

4)

Specific attire/uniform to be worn during the mission.

down to group level.

b. Description of firearms to be carried, license number, MR number if issued by the government, the kind or make, caliber, serial number and the number of ammunition to be carried. c.

Name, rank, designation and signature of the issuing authority.

g. Mission order shall be issued only to personnel organic to and those operationally attached to the unit of the issuing authority, within the designated area of responsibility and in line with the mission and task of the unit. 6.

ENFORCEMENT PROCEDURES:

a. Apprehending Authorities – Under apprehending authorities are, but not limited to the following: 1)

this

Circular,

the

Philippine Constabulary.

2) Members of the Composite Military Police Brigade, AFP and/or members of the MP units of the major services and other units.

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Composite or joint firearms control teams organized for

this purpose. b. Upon apprehension of a member of the AFP for violation of the firearms and explosives laws, rules and regulations, the apprehending officer shall bring the violator to his Headquarters where investigation shall be conducted and the offender placed under custody for the period prescribed under Section 7, LOI 621, dated 27 October 1977. The apprehending authority shall immediately make a spot report through the multiple address system to the following addresses: 1) The offender(s). 2) belongs.

Commanding

Officer/Chief

of

Office

of

the

Commander of Major Service where the offender

3)

The Chief of Constabulary.

4)

The Chief of Staff, AFP.

5)

The Commanding Officer, Composite Military Police

Brigade, AFP. c. After investigation, if the offense is found out to be plain unauthorized carrying of firearms without any complaint or aggravating circumstances, the military offender, together with the investigation report and the firearm in question shall be turned over to the custody of the Composite Military Police Brigade, AFP or to his Major Service Headquarters or to his unit Headquarters, whichever is more convenient, for disposition pursuant to existing regulations and policies. The Composite Military Police Brigade, AFP shall monitor the final disposition of the case for record purposes and for the information of the Chief of Staff, AFP. d. However, if the offense is more serious, the offender together with the victim and the report shall be turned over to the Inquest Authority designated under Section 4, LOI 621, as follows: 1)

In Metropolitan Manila

a) The Constabulary Judge Advocate (CJA) for all arrests effected by members of the AFP, the INP and other law enforcement agencies, including arrests effected by private persons pursuant to Section 6, Rule 113 of the Rules of Court, except those effected by members of the PCM and MPF . b) The Staff Judge Advocate, PCM in case of arrest affected by the PCM and MPF. c) The Regional Judge Advocate in provinces/cities where there is Regional Headquarters, for arrest effected within said cities/provinces.

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RESTRICTED d) The Military lawyers designated by TJAG, AFP or in the absence of a military lawyer designated, the City or Municipal Judge, for arrest within respective jurisdiction in other provinces and cities. d. Nothing to this Circular, shall deprive the CSAFP the prerogative to exercise his authority to separate any military person under AW 109, RA 2334 and other regulations at any stage of the trial of the investigation. 7.

DETENTION AND PRELIMINARY INVESTIGATION:

a. Within 24 hours after delivery of the arrested person, the Inquest Authority shall prepare charges against the offender upon a finding of probable cause and forward the case for preliminary investigation to any of the following: 1) The Major Service (Attn: Major Svc Judge Advocate) to which the offender belongs, in cases occurring in Metropolitan Manila. 2) The Regional Command, where a PIO has been designated pursuant to OTJAG SOP Nr 1, dated 15 May 75 and to which the offender belongs. b. The person or the offender shall be committed to the nearest military detention center or the PC Provincial Headquarters whichever is practicable unless the Commanding Officer in case of military personnel, takes custody of the offender or in the case of civilian employees, the CSAFP may, upon approval of COMCAD, take custody ever said employee under his cognizance. The firearm shall be turned over to the unit conducting the preliminary investigation. c. After inquest and no probable cause exists, the Inquest Authority/Officer shall immediately order the release of the person arrested. d. After preliminary investigation and prima facie evidence exists, charge sheets shall be prepared for referral to the appropriate military tribunal by TJAG in behalf of the CSAFP, if the accused is a military person or in behalf of the MND if the accused is a civilian person. If no prima facie evidence exists, the offender shall be released but a copy of TJAG resolution shall be furnished the Major Service Commander concerned who shall impose the appropriate administrative punishment consistent with the requirements of discipline, copy furnished the CSAFP. 8.

RESPONSIBILITIES:

a. Major Service and other unit Commanders shall give command emphasis to this Circular. All preventive actions to include TI&E sessions and all control measures shall be vigorously implemented to effect strict compliance to regulations on the carrying of firearms. b. Commanders shall enforce this Circular within their respective commands by utilizing their own military police units and/or specially organized teams for the purpose. RESTRICTED

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RESTRICTED c. Outside the various camps of the AFP, the Philippine Constabulary in cooperation with the Military Police units of Major Services, and the Composite MP Brigade, AFP shall enforce this Circular, applying it to all members of the AFP irrespective of Major Service. In this connection, the Chief of Constabulary may organize or constitute joint firearms control teams in the different regions, provinces and cities in coordination with the Commanders of units from other services which are stationed in the area. 9.

EFFECTIVITY: This Circular takes effect immediately.

10. RESCISSION: Circular Nr 20, GHQ AFP, dated 23 July 1971 and all publications or instructions inconsistent herewith are hereby rescinded. BY ORDER OF THE DEFENSE MINISTER:

(Sgd) R C ESPINO General, AFP Chief of Staff

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ANNEX U Monogamy in the Philippine Army

HEADQUARTERS PHILIPPINE ARMY FortAndresBonifacio, Metro Manila 1/AGPD

08 May 2004

SUBJECT:

Monogamy in the Philippine Army

TO:

See Distribution

1.

REFERENCES:

a. PD 1638 PROMULGATED 10 September 1979 (Retirement and Separation for Military Personnel). b. Circular Nr 8, GHQ, AFP dated 04 May 1993, subject: Permission to Marry of Military Personnel. c.

EO 227 promulgated 06 July 1987 (The Family Code of the

Philippines). d. Personal Laws).

PD 1083 promulgated 04 February 1977 (Code of Muslim

e. The Rationale and Laws Behind Polygamy in Slam by Abu Ameenah Bilal Philip s and Jameelah Jones, Tawheed Publications, 1999. 2.

GENERAL:

It has always been a perennial problem of the Philippine Army regarding military personnel who have been retired/separated from the military service or died in line of duty, as to who is the rightful beneficiary to their retirement/separation or death benefits. This problem arose due to some of our military personnel who have contracted marriage more than once without knowledge of their legitimate spouses. Some personnel also, may not have contracted a subsequent marriage but sired illegitimate children with another women other that his legitimate spouse. Being the case, the Army is continually confronted with numerous complaints from surviving wives and paramours alike, who wanted to have a just and equal share of the benefits of the individual soldier.

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PURPOSE:

This directive provides for guidelines for military personnel to adhere to the monogamous marriage system in order to avoid future conflicting claims of benefits. 4.

POLICIES:

a. To prevent the incidence of conflicting claims to retirement/death benefits, Christian military personnel should strictly adhere to the monogamous marriage system as embraced by the Christian Faith. Military personnel can only marry for the second time, only when the first marriage is annulled by competent authority. b. Notwithstanding the rule of Islamic Law permitting a Muslim to have more than one wife, unless he can deal with them with equal companionship and just treatment. Thus, a Muslim military personnel must be able and willing to divide his time and wealth in an equitable fashion before he is allowed to have more than one wife conversely if he is unable to feed clothe and house at his wives justly then he should not to marry than once. c. Muslim military personnel who are planning to get married or to remarry shall submit a written request to his/her immediate Commanding Officer/Head of Office at least two (2) months before the expected date of marriage. The request shall include all pertinent information on the prospective bride/groom and in case of remarriage, an order of the proper Shari a Circuit Court authorizing him to contract a subsequent marriage. d. Military personnel who contract marriage without the written permission/clearance from appropriate approving authority in violation of ref 1 (b) shall be denied re-enlistment upon ETE in case of enlisted personnel; non-extension of tour of duty after expiration of ETAD in case of reserve Officers; and referral to the appropriate ESB in case of regular Officers who have attained security of tenure pursuant to EO 79. e. The conversion of non-Muslim to Islam shall not have the effect of extinguishing any obligation or liability whatsoever incurred prior to said change. f. For purpose of death benefit claims of deceased military personnel under PD 1638, the legitimate survivors shall mean only. (1) Surviving spouse if married to the deceased prior to the letter’s retirement/separation; provide that he/she has not remarried and/or is not legally separated from the deceased by judicial decree or whose marriage with the latter was not annulled on grounds attributable to said surviving spouse. (2) Surviving children of an Officer or enlisted man who are below 21 years of age and born of his/her marriage contracted prior to retirement/separation from the service. Illegitimate as well as adopted children are also considered survivors provided their recognition and/or adoption took place while the deceased parent was still on active military service. Other proofs of filiation U-2

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RESTRICTED allowed by law/ jurisprudence, such as admission in a public document or a private handwritten document and/or the acknowledgement or recognition made by a close relative of the deceased, among others, may be admitted to establish paternity. 3) Surviving parent(s) if the deceased military personnel died single, provided he/she has no illegitimate child/children. (4) Surviving Brothers and Sisters who have not reached twenty-one (21) years of age, if the deceased died single and his parents were both dead. 5. EFFECTIVITY: publication.

This

letter

directive

shall

take

affect

upon

BY COMMAND OF LIEUTENANT GENERAL ABU:

(Sgd) EDUARDO B STO DOMINGO Colonel INF (JSC) PA Adjutant General

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ANNEX V ACT NR 6968

AN ACT PUNISHING THE CRIME OF COUP D’ETAT BY AMENDING ARTICLES 134, 135, AND 136 OF CHAPTER ONE, TITLE THREE OF REPUBLIC ACT NUMBERED THIRTY EIGHT HUNDRED AND FIFTEEN, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES. SECTION 1. The heading of Chapter One, Title Three of the Revised Penal Code is hereby amended to read as follows: ‘REBELLION, COUP D’ETAT, SEDITION AND DISLOYALTY.” SECTION 2. Article 134 of the Revised Penal Code is hereby amended read as follows: “Article 134.Rebellion or insurrection. How committed. “The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Republic of the Philippines or any part thereof, or any body of land, naval or other armed forces, of depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogative”. SECTION 3. Chapter One, Title Three of the Revised Penal Code is hereby further amended by adding a new article as follows: “Article 134 –A. Coup d’etat. How committed. The crime of coupd’etat is a swift attack accompanied by violence, intimidation, threat, strategy orstealth, directed against duly constituted authorities of the Republic of thePhilippines, or any military camp of installation, communications networks, publicutilities or other facilities needed for the exercise and continued possession of power,singly or simultaneously carried out anywhere in the Philippines by any person orpersons, belonging to the military or holding any public office or employment, with orwithout civilian support or participation for the purpose of seizing or diminishingstate power.” SECTION 4. Article 135 of the Revised Penal Code is hereby amended to read as follows: “Article 135.Penalty for rebellion, insurrection or coup d’etat. Any person who promotes, maintains, or heads a rebellion or insurrection shall suffer the penalty of reclusion perpetua. “Any person merely participating or executing the commands of others, in a rebellion or insurrection shall suffer the penalty of reclusion temporal. “Any person who leads or in any manner directs or commands others to undertake a coop d’etat shall suffer the penalty of reclusion perpetua. “Any person in the government service who participates, or executes directions or command of others in, undertaking a coup d’etat shall suffer the penalty of reclusion temporal in its maximum

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RESTRICTED period. M“When the rebellion, insurrection, or coup d’etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed in their name, or performed similar acts, on behalf of the rebels shall be deemed a leader of such rebellion, insurrection, or coup d’etat.” SECTION 5. Article 136 of the Revised Penal Code is hereby amended to read as follows: “Article 136.Conspiracy and proposal to commit coup d’etat, rebellion or insurrection. The conspiracy and proposal to commit coup d’etat shall be punished by prision mayor in its minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00). “The conspiracy and proposal to commit rebellion or insurrection shall be punished, respectively, by prision correctional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000,00), and by prision correctional in its medium period and a fine not exceeding two thousand pesos (P2,000.00)”. SECTION 6.Repealing Clause. All laws, executive orders rules andregulations, or any part thereof inconsistent herewith are deemed repealed ormodified accordingly. SECTION 7.Separability Clause. If for any reason, any section of provision of this Act, or any part thereof, or the application of such section, provision, or portion is declared invalid or unconstitutional, the remainder thereof shall ot be affected by such declaration. SECTION 8.Effectively. This Act shall take effect upon its approval and publication in at least two (2) newspapers of general circulation. Approved: October 24, 1990.

(Sgd) CORAZON C AQUINO President of the Philippines

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ANNEX W REPUBLIC ACT NO. 9372 AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1.Short Title. This Act shall henceforth be known as the “Human Security Act of 2007. SEC. 2.Declaration of Policy. “ It is declared a policy of the State to protect life, liberty, and property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against the law of nations. In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the constitution. The State recognizes that the fight against terrorism requires a comprehensive approach, comprising political, economic, diplomatic, military, and legal means duly taking into account the root causes of terrorism without acknowledging these as justifications for terrorist and/or criminal activities. Such measures shall include conflict management and post-conflict peace-building, addressing the roots of conflict by building state capacity and promoting equitable economic development. Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized powers of the executive branch of the government. It is to be understood, however, that the exercise of the constitutionally recognized powers of the executive department of the government shall not prejudice respect for human rights which shall be absolute and protected at all times. SEC. 3.Terrorism.– Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: 1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters); 2. Article 134 (Rebellion or Insurrection); 3. Article 134-a (Coup d‘Etat), including acts committed by private persons; 4. Article 248 (Murder); 5. Article 267 (Kidnapping and Serious Illegal Detention); 6. Article 324 (Crimes Involving Destruction, or under 1. Presidential Decree No. 1613 (The Law on Arson); 2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);

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RESTRICTED 3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968); 4. Republic Act No. 6235 (Anti-Hijacking Law); 5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and, 6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives) thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended. SEC. 4.Conspiracy to Commit Terrorism.– Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment. There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same. SEC. 5.Accomplice. – Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17) years, four (4) months one day to twenty (20) years of imprisonment. SEC. 6.Accessory. – Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the following manner: (a) by profiting himself or assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of subparagraph (a). SEC. 7.Surveillance of Suspects and Interception and Recording of Communications. – The provisions of Republic Act No. 4200 (Anti-wire Tapping Law) to the contrary notwithstanding, a police or law enforcement official and the members of his team may, upon a written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with the use of any other suitable ways and means for that purpose, any communication, message, conversation, discussion, or W-2

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RESTRICTED spoken or written words between members of a judicially declared and outlawed terrorist organization, association, or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence shall not be authorized. SEC. 8.Formal Application for Judicial Authorization. “ The written order of the authorizing division of the Court of Appeals to track down, tap, listen to, intercept, and record communications, messages, conversations, discussions, or spoken or written words of any person suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall only be granted by the authorizing division of the Court of Appeals upon an ex parte written application of a police or of a law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application, and upon examination under oath or affirmation of the applicant and the witnesses he may produce to establish: (a) that there is probable cause to believe based on personal knowledge of facts or circumstances that the said crime of terrorism or conspiracy to commit terrorism has been committed, or is being committed, or is about to be committed; (b) that there is probable cause to believe based on personal knowledge of facts or circumstances that evidence, which is essential to the conviction of any charged or suspected person for, or to the solution or prevention of, any such crimes, will be obtained; and, (c) that there is no other effective means readily available for acquiring such evidence. SEC. 9.Classification and Contents of the Order of the Court. – The written order granted by the authorizing division of the Court of Appeals as well as its order, if any, to extend or renew the same, the original application of the applicant, including his application to extend or renew, if any, and the written authorizations of the AntiTerrorism Council shall be deemed and are hereby declared as classified information: Provided, That the person being surveilled or whose communications, letters, papers, messages, conversations. Discussions, spoken or written words and effects have been monitored, listened to, bugged or recorded by law enforcement authorities has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge, if he or she intends to do so, the legality of the interference before the Court of Appeals which issued the written order. The written order of the authorizing division of the Court of Appeals shall specify the following: (a) the identity, such as name and address, if known, of the charged or suspected person whose communications, messages, conversations, discussions, or spoken or written words are to be tracked down, tapped, listened to, intercepted, and recorded and, in the case of radio, electronic, or telephonic (whether wireless or otherwise) communications, messages, conversations, discussions, or spoken or written words, the electronic transmission systems or the telephone numbers to be tracked down, tapped, listened to, intercepted, and recorded and their locations or if the person suspected of the crime of terrorism or conspiracy to commit terrorism is not fully known, such person shall be subject to continuous surveillance provided there is a reasonable ground to do so; (b) the identity (name, address, and the police RESTRICTED

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RESTRICTED or law enforcement organization) of the police or of the law enforcement official, including the individual identity (names, addresses, and the police or law enforcement organization) of the members of his team, judicially authorized to track down, tap, listen to, intercept, and record the communications, messages, conversations, discussions, or spoken or written words; (c) the offense or offenses committed, or being committed, or sought to be prevented; and, (d) the length of time within which the authorization shall be used or carried out. SEC. 10.Effective Period of Judicial Authorization. Any authorization granted by the authorizing division of the Court of Appeals, pursuant to Sec. 9 (d) of this Act, shall only be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official. The authorizing division of the Court of Appeals may extend or renew the said authorization for another non-extendible period, which shall not exceed thirty (30) days from the expiration of the original period: Provided, That the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest: and Provided, further, That the ex parte application for extension or renewal, which must be filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism Council. In case of death of the original applicant or in case he is physically disabled to file the application for extension or renewal, the one next in rank to the original applicant among the members of the team named in the original written order of the authorizing division of the Court of Appeals shall file the application for extension or renewal: Provided, That, without prejudice to the liability of the police or law enforcement personnel under Section 20 hereof, the applicant police or law enforcement official shall have thirty (30) days after the termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the appropriate case before the Public Prosecutor’s Office for any violation of this Act. If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall immediately notify the person subject of the surveillance, interception and recording of the termination of the said surveillance, interception and recording. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify the person subject of the surveillance, monitoring, interception and recording as specified above. SEC. 11.Custody of Intercepted and Recorded Communications. – All tapes, discs, and recordings made pursuant to the authorization of the authorizing division of the Court of Appeals, including all excerpts and summaries thereof as well as all written notes or memoranda made in connection therewith, shall, within forty-eight (48) hours after the expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the expiration of any extension or renewal granted by the authorizing division of the Court of Appeals, be deposited with the authorizing Division of the Court of Appeals in a sealed W-4

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RESTRICTED envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the members of his team. In case of death of the applicant or in case he is physically disabled to execute the required affidavit, the one next in rank to the applicant among the members of the team named in the written order of the authorizing division of the Court of Appeals shall execute with the members of the team that required affidavit. It shall be unlawful for any person, police officer or any custodian of the tapes, discs and recording, and their excerpts and summaries, written notes or memoranda to copy in whatever form, to remove, delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever. Any person who removes, deletes, expunges incinerates, shreds or destroys the items enumerated above shall suffer a penalty of not less than six (6) years and one day to twelve (12) years of imprisonment. SEC. 12.Contents of Joint Affidavit. – The joint affidavit of the police or of the law enforcement official and the individual members of his team shall state: (a) the number of tapes, discs, and recordings that have been made, as well as the number of excerpts and summaries thereof and the number of written notes and memoranda, if any, made in connection therewith; (b) the dates and times covered by each of such tapes, discs, and recordings; (c) the number of tapes, discs, and recordings, as well as the number of excerpts and summaries thereof and the number of written notes and memoranda made in connection therewith that have been included in the deposit; and (d) the date of the original written authorization granted by the AntiTerrorism Council to the applicant to file the ex parte application to conduct the tracking down, tapping, intercepting, and recording, as well as the date of any extension or renewal of the original written authority granted by the authorizing division of the Court of Appeals. The joint affidavit shall also certify under oath that no duplicates or copies of the whole or any part of any of such tapes, discs, and recordings, and that no duplicates or copies of the whole or any part of any of such excerpts, summaries, written notes, and memoranda, have been made, or, if made, that all such duplicates and copies are included in the sealed envelope or sealed package, as the case may be, deposited with the authorizing division of the Court of Appeals. It shall be unlawful for any person, police or law enforcement official to omit or exclude from the joint affidavit any item or portion thereof mentioned in this Section. Any person, police or law enforcement officer who violates any of the acts proscribed in the preceding paragraph shall suffer the penalty of not less than ten (10) years and one day to twelve (12) years of imprisonment. SEC. 13.Disposition of Deposited Materials. – The sealed envelope or sealed package and the contents thereof, which are deposited with the authorizing division of the Court of Appeals, shall be deemed and are hereby declared classified RESTRICTED

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RESTRICTED information, and the sealed envelope or sealed package shall not be opened and its contents (including the tapes, discs, and recordings and all the excerpts and summaries thereof and the notes and memoranda made in connection therewith) shall not be divulged, revealed, read, replayed, or used as evidence unless authorized by written order of the authorizing division of the Court of Appeals, which written order shall be granted only upon a written application of the Department of Justice filed before the authorizing division of the Court of Appeals and only upon a showing that the Department of Justice has been duly authorized in writing by the Anti-Terrorism Council to file the application with proper written notice the person whose conversation, communication, message discussion or spoken or written words have been the subject of surveillance, monitoring, recording and interception to open, reveal, divulge, and use the contents of the sealed envelope or sealed package as evidence. Any person, law enforcement official or judicial authority who violates his duty to notify in writing the persons subject of the surveillance as defined above shall suffer the penalty of six (6) years and one day to eight (8) years of imprisonment. SEC. 14.Application to Open Deposited Sealed Envelop or Sealed Package. – The written application with notice to the party concerned to open the deposited sealed envelope or sealed package shall clearly state the purpose or reason: (a) for opening the sealed envelope or sealed package; (b) for revealing or disclosing its classified contents; (c) for replaying, divulging, and or reading any of the listened to, intercepted, and recorded communications, messages, conversations, discussions, or spoken or written words (including any of the excerpts and summaries thereof and any of the notes or memoranda made in connection therewith); and, (d) for using any of said listened to ,intercepted, and recorded communications, messages, conversations, discussions, or spoken or written words (including any of the excerpts and summaries thereof and any of the notes or memoranda made in connection therewith) as evidence. Any person, law enforcement official or judicial authority who violates his duty to notify as defined above shall suffer the penalty of six (6) years and one day to eight (8) years of imprisonment. SEC. 15.Evidentiary Value of Deposited Materials. – Any listened to, intercepted, and recorded communications, messages, conversations, discussions, or spoken or written words, or any part or parts thereof, or any information or fact contained therein, including their existence, content, substance, purport, effect, or meaning, which have been secured in violation of the pertinent provisions of this Act, shall absolutely not be admissible and usable as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing. SEC. 16.Penalty for Unauthorized or malicious Interceptions and/or Recordings. – Any police or law enforcement personnel who, not being authorized to do so by the authorizing division of the Court of Appeals, tracks down, taps, listens to, intercepts, and records in whatever manner or form any communication, message, conversation, discussion, or spoken or written word of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism W-6

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RESTRICTED shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. In addition to the liability attaching to the offender for the commission of any other offense, the penalty of ten (10) years and one day to twelve (12) years of imprisonment and the accessory penalty of perpetual absolute disqualification from public office shall be imposed upon any police or law enforcement personnel who maliciously obtained an authority from the Court of Appeals to track down, tap, listen to, intercept, and record in whatever manner or form any communication, message, conversation, discussion, or spoken or written words of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism: Provided, That notwithstanding Section 13 of this Act, the party aggrieved by such authorization shall be allowed access to the sealed envelope or sealed package and the contents thereof as evidence for the prosecution of any police or law enforcement personnel who maliciously procured said authorization. SEC. 17.Proscription of Terrorist Organizations, Association, or Group of Persons. – Any organization, association, or group of persons organized for the purpose of engaging in terrorism, or which, although not organized for that purpose, actually uses the acts to terrorize mentioned in this Act or to sow and create a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand shall, upon application of the Department of Justice before a competent Regional Trial Court, with due notice and opportunity to be heard given to the organization, association, or group of persons concerned, be declared as a terrorist and outlawed organization, association, or group of persons by the said Regional Trial Court. SEC. 18.Period of Detention Without Judicial Warrant of Arrest. – The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or law enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities, deliver said charged or suspected person to the proper judicial authority within a period of three (3) days counted from the moment the said charged or suspected person has been apprehended or arrested, detained, and taken into custody by the said police, or law enforcement personnel: Provided, That the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7 and examination of bank deposits under Section 27 of this Act. The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of terrorism, present him or her before any judge at the latter’s residence or office nearest the place where the arrest took place at any time of the day or night. It shall be the duty of the judge, among other things, to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her, to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical, moral or psychological torture by whom and why. The judge shall then submit a RESTRICTED

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RESTRICTED written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. the judge shall forthwith submit his/her report within three (3) calendar days from the time the suspect was brought to his/her residence or office. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided, That where the arrest is made during saturdays, sundays, holidays or after office hours, the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify any judge as provided in the preceding paragraph. SEC. 19.Period of Detention in the Event of an Actual or Imminent Terrorist Attack. – In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three (3) days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five (5) days after the date of the detention of the persons concerned: Provided, however, That within three (3) days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately. SEC. 20.Penalty for Failure to Deliver Suspect to the Proper Judicial Authority Within Three (3) Days. – The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel who has apprehended or arrested, detained and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the proper judicial authority within the period of three (3) days. SEC. 21.Rights of a Person Under Custodial Detention. – The moment a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or arrested and detained, he shall forthwith be informed, by the arresting police or law enforcement officers or by the police or law enforcement officers to whose custody the person concerned is brought, of his or her right: (a) to be informed of the nature and cause of his arrest, to remain silent and to have competent and independent counsel preferably of his choice. If the person cannot afford the services of counsel of his or her choice, the police or law enforcement officers concerned shall immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public Attorney’s Office (PAO). It shall be the duty of the free legal assistance unit of the IBP or the PAO thus W-8

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RESTRICTED contacted to immediately visit the person(s) detained and provide him or her with legal assistance. These rights cannot be waived except in writing and in the presence of the counsel of choice; (b) informed of the cause or causes of his detention in the presence of his legal counsel; (c) allowed to communicate freely with his legal counsel and to confer with them at any time without restriction; (d) allowed to communicate freely and privately without restrictions with the members of his family or with his nearest relatives and to be visited by them; and, (e) allowed freely to avail of the service of a physician or physicians of choice. SEC. 22.Penalty for Violation of the Rights of a Detainee. – Any police or law enforcement personnel, or any personnel of the police or other law enforcement custodial unit that violates any of the aforesaid rights of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. Unless the police or law enforcement personnel who violated the rights of a detainee or detainees as stated above is duly identified, the same penalty shall be imposed on the police officer or head or leader of the law enforcement unit having custody of the detainee at the time the violation was done. SEC. 23.Requirement for an Official Custodial Logbook and Its Contents. – The police or other law enforcement custodial unit in whose care and control the person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism has been placed under custodial arrest and detention shall keep a securely and orderly maintained official logbook, which is hereby declared as a public document and opened to and made available for the inspection and scrutiny of the lawyer or lawyers of the person under custody or any member of his or her family or relative by consanguinity or affinity within the fourth civil degree or his or her physician at any time of the day or night without any form of restriction. The logbook shall contain a clear and concise record of: (a) the name, description, and address of the detained person; (b) the date and exact time of his initial admission for custodial arrest and detention; (c) the name and address of the physician or physicians who examined him physically and medically; (d) the state of his health and physical condition at the time of his initial admission for custodial detention; (e) the date and time of each removal of the detained person from his cell for interrogation or for any purpose; (f) the date and time of his return to his cell; (g) the name and address of the physician or physicians who physically and medically examined him after each interrogation; (h) a summary of the physical and medical findings on the detained person after each of such interrogation; (i) the names and addresses of his family members and nearest relatives, if any and if available; (j) the names and addresses of persons who visit the detained person; (k) the date and time of each of such visits; (l) the date and time of each request of the detained person to communicate and confer with his legal counsel or counsels; (m) the date and time of each visit, and date and time of each departure of his legal counsel or counsels; and, (n) all other important events bearing on and all relevant details regarding the treatment of the detained person while under custodial arrest and detention. The said police or law enforcement custodial unit shall upon demand of the aforementioned lawyer or lawyers or members of the family or relatives within the RESTRICTED

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RESTRICTED fourth civil degree of consanguinity or affinity of the person under custody or his or her physician issue a certified true copy of the entries of the logbook relative to the concerned detained person without delay or restriction or requiring any fees whatsoever including documentary stamp tax, notarial fees, and the like. This certified true copy may be attested by the person who has custody of the logbook or who allowed the party concerned to scrutinize it at the time the demand for the certified true copy is made. The police or other law enforcement custodial unit who fails to comply with the preceding paragraph to keep an official logbook shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. SEC. 24.No Torture or Coercion in Investigation and Interrogation. – No threat, intimidation, or coercion, and no act which will inflict any form of physical pain or torment, or mental, moral, or psychological pressure, on the detained person, which shall vitiate his free-will, shall be employed in his investigation and interrogation for the crime of terrorism or the crime of conspiracy to commit terrorism; otherwise, the evidence obtained from said detained person resulting from such threat, intimidation, or coercion, or from such inflicted physical pain or torment, or mental, moral, or psychological pressure, shall be, in its entirety, absolutely not admissible and usable as evidence in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing. SEC. 25.Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation and Interrogation of a Detained Person. – Any person or persons who use threat, intimidation, or coercion, or who inflict physical pain or torment, or mental, moral, or psychological pressure, which shall vitiate the free-will of a charged or suspected person under investigation and interrogation for the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of twelve (12) years and one day to twenty (20) years of imprisonment. When death or serious permanent disability of said detained person occurs as a consequence of the use of such threat, intimidation, or coercion, or as a consequence of the infliction on him of such physical pain or torment, or as a consequence of the infliction on him of such mental, moral, or psychological pressure, the penalty shall be twelve (12) years and one day to twenty (20) years of imprisonment SEC. 26.Restriction on Travel. – In cases where evidence of guilt is not strong, and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same, the court, upon application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending, in the interest of national security and public safety, consistent with Article III, Section 6 of the Constitution. Travel outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of Court. He or she may also be placed under house arrest by order of the court at his or her usual place of residence. W-10

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RESTRICTED While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the internet or other means of communications with people outside the residence until otherwise ordered by the court. The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused. SEC. 27.Judicial Authorization Required to Examine Bank Deposits, Accounts, and Records. – The provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding, the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that (1) a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist organization, association, or group of persons, and (3) of a member of such judicially declared and outlawed organization, association, or group of persons, may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination of, the deposits, placements, trust accounts, assets and records in a bank or financial institution; and (b) gather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a bank or financial institution. the bank or financial institution concerned shall not refuse to allow such examination or to provide the desired information, when so ordered by and served with the written order of the Court of Appeals. SEC. 28.Application to Examine Bank Deposits, Accounts, and Records. – The written order of the Court of Appeals authorizing the examination of bank deposits, placements, trust accounts, assets, and records: (1) of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, (2) of any judicially declared and outlawed terrorist organization, association, or group of persons, or (3) of any member of such organization, association, or group of persons in a bank or financial institution, and the gathering of any relevant information about the same from said bank or financial institution, shall only be granted by the authorizing division of the Court of Appeals upon an ex parte application to that effect of a police or of a law enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application, and upon examination under oath or affirmation of the applicant and the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits, placements, trust accounts, assets, and records: (1) of the person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist organization, association or group of persons, or (3) of any member of such organization, association, or group of persons. SEC. 29.Classification and Contents of the Court Order Authorizing the Examination of Bank Deposits, Accounts, and Records. – The written order granted by the authorizing division of the Court of Appeals as well as its order, if any, to extend or renew the same, the original ex parte application of the applicant, including his ex RESTRICTED

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RESTRICTED parte application to extend or renew, if any, and the written authorizations of the Anti Terrorism Council, shall be deemed and are hereby declared as classified information: Provided, That the person whose bank deposits, placements, trust accounts, assets, and records have been examined, frozen, sequestered and seized by law enforcement authorities has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge, if he or she intends to do so, the legality of the interference. The written order of the authorizing division of the Court of Appeals designated to handle cases involving terrorism shall specify: (a) the identity of the said: (1) person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, (2) judicially declared and outlawed terrorist organization, association, or group of persons, and (3) member of such judicially declared and outlawed organization, association, or group of persons, as the case may be, whose deposits, placements, trust accounts, assets, and records are to be examined or the information to be gathered; (b) the identity of the bank or financial institution where such deposits, placements, trust accounts, assets, and records are held and maintained; (c) the identity of the persons who will conduct the said examination and the gathering of the desired information; and, (d) the length of time the authorization shall be carried out. SEC. 30.Effective Period of Court Authorization to Examine and Obtain Information on Bank Deposits, Accounts, and Records. – The authorization issued or granted by the authorizing division of the Court of Appeals to examine or cause the examination of and to freeze bank deposits, placements, trust accounts, assets, and records, or to gather information about the same, shall be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement official. The authorizing division of the Court of Appeals may extend or renew the said authorization for another period, which shall not exceed thirty (30) days renewable to another thirty (30) days from the expiration of the original period, provided that the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public interest, and provided further that the application for extension or renewal, which must be filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism Council. In case of death of the original applicant or in case he is physically disabled to file the application for extension or renewal, the one next in rank to the original applicant among the members of the team named in the original written order of the authorizing division of the Court of Appeals shall file the application for extension or renewal: Provided, That, without prejudice to the liability of the police or law enforcement personnel under Section 19 hereof, the applicant police or law enforcement official shall have thirty (30) days after the termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within which to file the appropriate case before the Public Prosecutor’s Office for any violation of this Act. If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall immediately notify in writing the person subject of the bank W-12

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RESTRICTED examination and freezing of bank deposits, placements, trust accounts, assets and records. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify in writing the person subject of the bank examination and freezing of bank deposits, placements, trust accounts, assets and records. Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined above shall suffer the penalty of six (6) years and one day to eight (8) years of imprisonment. SEC. 31.Custody of Bank Data and Information Obtained after Examination of Deposits, Placements, Trust Accounts, Assets and Records. “ All information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and other documents obtained from the examination of the bank deposits, placements, trust accounts, assets and records of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism, (2) a judicially declared and outlawed terrorist organization, association, or group of persons, or (3) a member of any such organization, association, or group of persons shall, within fortyeight (48) hours after the expiration of the period fixed in the written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the expiration of the extension or renewal granted by the authorizing division of the Court of Appeals, be deposited with the authorizing division of the Court of Appeals in a sealed envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the persons who actually conducted the examination of said bank deposits, placements, trust accounts, assets and records. SEC. 32.Contents of Joint Affidavit. “ The joint affidavit shall state: (a) the identifying marks, numbers, or symbols of the deposits, placements, trust accounts, assets, and records examined; (b) the identity and address of the bank or financial institution where such deposits, placements, trust accounts, assets, and records are held and maintained; (c) the number of bank deposits, placements, trust accounts, assets, and records discovered, examined, and frozen; (d) the outstanding balances of each of such deposits, placements, trust accounts, assets; (e) all information, data, excerpts, summaries, notes, memoranda, working sheets, reports, documents, records examined and placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of Appeals; (f) the date of the original written authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte application to conduct the examination of the said bank deposits, placements, trust accounts, assets and records, as well as the date of any extension or renewal of the original written authorization granted by the authorizing division of the Court of Appeals; and (g) that the items enumerated were all that were found in the bank or financial institution examined at the time of the completion of the examination. The joint affidavit shall also certify under oath that no duplicates or copies of the information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and documents acquired from the examination of the bank deposits, placements, trust accounts, assets and records have been made, or, if made, that all such

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RESTRICTED duplicates and copies are placed in the sealed envelope or sealed package deposited with the authorizing division of the Court of Appeals. It shall be unlawful for any person, police officer or custodian of the bank data and information obtained after examination of deposits, placements, trust accounts, assets and records to copy, to remove, delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever. Any person who copies, removes, deletes, expunges incinerates, shreds or destroys the items enumerated above shall suffer a penalty of not less than six (6) years and one day to twelve (12) years of imprisonment. SEC. 33.Disposition of Bank Materials. – The sealed envelope or sealed package and the contents thereof, which are deposited with the authorizing division of the Court of Appeals, shall be deemed and are hereby declared classified information, and the sealed envelope or sealed package shall not be opened and its contents shall not be divulged, revealed, read, or used as evidence unless authorized in a written order of the authorizing division of the Court of Appeals, which written order shall be granted only upon a written application of the Department of Justice filed before the authorizing division of the Court of Appeals and only upon a showing that the Department of Justice has been duly authorized in writing by the Anti-Terrorism Council to file the application, with notice in writing to the party concerned not later than three (3) days before the scheduled opening, to open, reveal, divulge, and use the contents of the sealed envelope or sealed package as evidence. Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined above shall suffer the penalty of six (6) years and one day to eight (8) years of imprisonment. SEC. 34.Application to Open Deposited Bank Materials. – The written application, with notice in writing to the party concerned not later than three (3) days of the scheduled opening, to open the sealed envelope or sealed package shall clearly state the purpose and reason: (a) for opening the sealed envelope or sealed package; (b) for revealing and disclosing its classified contents; and, (c) for using the classified information, data, excerpts, summaries, notes, memoranda, working sheets, reports, and documents as evidence. SEC. 35.Evidentiary Value of Deposited Bank Materials. – Any information, data, excerpts, summaries, notes, memoranda, work sheets, reports, or documents acquired from the examination of the bank deposits, placements, trust accounts, assets and records of: (1) a person charged or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism, (2) a judicially declared and outlawed terrorist organization, association, or group of persons, or (3) a member of such organization, association, or group of persons, which have been secured in violation of the provisions of this Act, shall absolutely not be admissible and usable as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.

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RESTRICTED SEC. 36.Penalty for Unauthorized or Malicious Examination of a Bank or a Financial Institution. – Any person, police or law enforcement personnel who examines the deposits, placements, trust accounts, assets, or records in a bank or financial institution of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism, (2) a judicially declared and outlawed terrorist organization, association, or group of persons, or (3) a member of such organization, association, or group of persons, without being authorized to do so by the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. In addition to the liability attaching to the offender for the commission of any other offense, the penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel, who maliciously obtained an authority from the Court of Appeals to examine the deposits, placements, trust accounts, assets, or records in a bank or financial institution of: (1) a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, (2) a judicially declared and outlawed terrorist organization, association, or group of persons, or (3) a member of such organization, association, or group of persons: Provided, That notwithstanding Section 33 of this Act, the party aggrieved by such authorization shall upon motion duly filed be allowed access to the sealed envelope or sealed package and the contents thereof as evidence for the prosecution of any police or law enforcement personnel who maliciously procured said authorization. SEC. 37.Penalty of Bank Officials and Employees Defying a Court Authorization. – An employee, official, or a member of the board of directors of a bank or financial institution, who refuses to allow the examination of the deposits, placements, trust accounts, assets, and records of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism, (2) a judicially declared and outlawed terrorist organization, association, or group of persons, or (3) a member of such judicially declared and outlawed organization, association, or group of persons in said bank or financial institution, when duly served with the written order of the authorizing division of the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. SEC. 38.Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in Joint Affidavits. – Any false or untruthful statement or misrepresentation of material fact in the joint affidavits required respectively in Section 12 and Section 32 of this Act shall constitute a criminal offense and the affiants shall suffer individually the penalty of ten (10) years and one day to twelve (12) years of imprisonment. SEC. 39.Seizure and Sequestration. – The deposits and their outstanding balances, placements, trust accounts, assets, and records in any bank or financial institution, moneys, businesses, transportation and communication equipment, supplies and other implements, and property of whatever kind and nature belonging: (1) to any person suspected of or charged before a competent Regional Trial Court for the crime of terrorism or the crime of conspiracy to commit terrorism; (2) to a judicially declared and outlawed organization, association, or group of persons; or (3) to a member of such organization, association, or group of persons shall be seized, RESTRICTED

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RESTRICTED sequestered, and frozen in order to prevent their use, transfer, or conveyance for purposes that are inimical to the safety and security of the people or injurious to the interest of the State. The accused or a person suspected of may withdraw such sums as may be reasonably needed by the monthly needs of his family including the services of his or her counsel and his or her family’s medical needs upon approval of the court. He or she may also use any of his property that is under seizure or sequestration or frozen because of his or her indictment as a terrorist upon permission of the court for any legitimate reason. Any person who unjustifiably refuses to follow the order of the proper division of the Court of Appeals to allow the person accused of the crime of terrorism or of the crime of conspiracy to commit terrorism to withdraw such sums from sequestered or frozen deposits, placements, trust accounts, assets and records as may be necessary for the regular sustenance of his or her family or to use any of his or her property that has been seized, sequestered or frozen for legitimate purposes while his or her case is pending shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. SEC. 40.Nature of Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. – The seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records belonging to a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism shall be deemed as property held in trust by the bank or financial institution for such person and the government during the pendency of the investigation of the person suspected of or during the pendency of the trial of the person charged with any of the said crimes, as the case may be and their use or disposition while the case is pending shall be subject to the approval of the court before which the case or cases are pending. SEC. 41.Disposition of the Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Record. – If the person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism is found, after his investigation, to be innocent by the investigating body, or is acquitted, after his arraignment or his case is dismissed before his arraignment by a competent court, the seizure, sequestration and freezing of his bank deposits, placements, trust accounts, assets and records shall forthwith be deemed lifted by the investigating body or by the competent court, as the case may be, and his bank deposits, placements, trust accounts, assets and records shall be deemed released from such seizure, sequestration and freezing, and shall be restored to him without any delay by the bank or financial institution concerned without any further action on his part. The filing of any appeal on motion for reconsideration shall not state the release of said funds from seizure, sequestration and freezing. If the person charged with the crime of terrorism or conspiracy to commit terrorism is convicted by a final judgment of a competent trial court, his seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records shall be automatically forfeited in favor of the government. W-16

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RESTRICTED Upon his or her acquittal or the dismissal of the charges against him or her, the amount of Five Hundred Thousand Pesos (P500,000.00) a day for the period in which his properties, assets or funds were seized shall be paid to him on the concept of liquidated damages. The amount shall be taken from the appropriations of the police or law enforcement agency that caused the filing of the enumerated charges against him or her. SEC. 42.Penalty for Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. – Any person who unjustifiably refuses to restore or delays the restoration of seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism after such suspected person has been found innocent by the investigating body or after the case against such charged person has been dismissed or after he is acquitted by a competent court shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. SEC. 43.Penalty for the Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. – Any person who is responsible for the loss, misuse, diversion, or dissipation of the whole or any part of the seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. SEC. 44.Infidelity in the Custody of Detained Persons. – Any public officer who has direct custody of a detained person under the provisions of this Act and who by his deliberate act, misconduct, or inexcusable negligence causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty (20) years of imprisonment, if the detained person has already been convicted and sentenced in a final judgment of a competent court; and (b) six (6) years and one day to twelve (12) years of imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a competent court. SEC. 45.Immunity and Protection of Government Witnesses. – The provisions of Republic Act No. 6981 (Witness Protection, Security and Benefits Act) to the contrary notwithstanding, the immunity of government witnesses testifying under this Act shall be governed by Sections 17 and 18 of Rule 119 of the Rules of Court: Provided, however, That said witnesses shall be entitled to benefits granted to witnesses under said Republic Act No. 6981. SEC. 46.Penalty for Unauthorized Revelation of Classified Materials. – The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any person, police or law enforcement agent, judicial officer or civil servant who, not being authorized by the Court of Appeals to do so, reveals in any manner or form any classified information under this Act. SEC. 47.Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence. – The penalty of twelve (12) years and one day to twenty (20) years of RESTRICTED

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RESTRICTED imprisonment shall be imposed upon any person who knowingly furnishes false testimony, forged document or spurious evidence in any investigation or hearing under this Act. SEC. 48.Continuous Trial. – In cases of terrorism or conspiracy to commit terrorism, the judge shall set the case for continuous trial on a daily basis from Monday to Friday or other short-term trial calendar so as to ensure speedy trial. SEC. 49.Prosecution Under This Act Shall Be a Bar to Another Prosecution Under the Revised Penal Code or Any Special Penal Laws. – When a person has been prosecuted under a provision of this Act, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for any offense or felony which is necessarily included in the offense charged under this Act. SEC. 50.Damages for Unproven Charge of Terrorism. “ Upon acquittal, any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five Hundred Thousand Pesos (P500,000.00) for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. It shall also be released within fifteen (15) days from the date of the acquittal of the accused. The award of damages mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism. Any officer, employee, personnel, or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the crime of terrorism as directed in the paragraph immediately preceding shall suffer the penalty of six (6) months of imprisonment. If the deductions are less than the amounts due to the detained persons, the amount needed to complete the compensation shall be taken from the current appropriations for intelligence, emergency, social or other funds of the Office of the President. In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned, the amount shall be automatically included in the appropriations of the said agency for the coming year. SEC. 51.Duty to Record and Report the Name and Address of the Informant. – The police or law enforcement officers to whom the name of a suspect in the crime of terrorism was first revealed shall record the real name and the specific address of the informant. The police or law enforcement officials concerned shall report the informant’s name and address to their superior officer who shall transmit the information to the Congressional Oversight Committee or to the proper court within five (5) days after

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RESTRICTED the suspect was placed under arrest or his properties were sequestered, seized or frozen. The name and address of the informant shall be considered confidential and shall not be unnecessarily revealed until after the proceedings against the suspect shall have been terminated. SEC. 52.Applicability of the Revised Penal Code. – The provisions of Book I of the Revised Penal Code shall be applicable to this Act. SEC. 53.Anti-Terrorism Council.– An Anti-Terrorism Council, hereinafter referred to, for brevity, as the “Council,†is hereby created. The members of the Council are: (1) the Executive Secretary, who shall be its chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of Finance; and (7) the National Security Advisor, as its other members. The Council shall implement this Act and assume the responsibility for the proper and effective implementation of the anti-terrorism policy of the country. The Council shall keep records of its proceedings and decisions. All records of the Council shall be subject to such security classifications as the Council may, in its judgment and discretion, decide to adopt to safeguard the safety of the people, the security of the Republic, and the welfare of the nation. The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The Council shall define the powers, duties, and functions of the National Intelligence Coordinating Agency as Secretariat of the Council. The National Bureau of Investigation, the Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of the Armed Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on Transnational Crime, and the Philippine National Police intelligence and investigative elements shall serve as support agencies for the Council. The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans, programs, and counter-measures to suppress and eradicate terrorism in the country and to protect the people from acts of terrorism. Nothing herein shall be interpreted to empower the Anti-Terrorism Council to exercise any judicial or quasi-judicial power or authority. SEC. 54.Functions of the Council. “ In pursuit of its mandate in the previous Section, the Council shall have the following functions with due regard for the rights of the people as mandated by the Constitution and pertinent laws: 1. Formulate and adopt plans, programs and counter-measures against terrorists and acts of terrorism in the country; 2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country and mobilize the entire nation against terrorism proscribed in this Act;

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RESTRICTED 3. Direct the speedy investigation and prosecution of all persons accused or detained for the crime of terrorism or conspiracy to commit terrorism and other offenses punishable under this Act, and monitor the progress of their cases; 4. Establish and maintain comprehensive data-base information systems on terrorism, terrorist activities, and counter-terrorism operations; 5. Freeze the funds property, bank deposits, placements, trust accounts, assets and records belonging to a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism, pursuant to Republic Act No. 9160 otherwise known as the Anti-Money Laundering Act of 2001, as amended; 6. Grant monetary rewards and other incentives to informers who give vital information leading to the apprehension, arrest, detention, prosecution, and conviction of person or persons who are liable for the crime of terrorism or conspiracy to commit terrorism; 7. Establish and maintain coordination with and the cooperation and assistance of other nations in the struggle against international terrorism; and 8. Request the Supreme Court to designate specific divisions of the Court of Appeals and regional trial courts in Manila, Cebu City and Cagayan de Oro City, as the case may be, to handle all cases involving the crime of terrorism or conspiracy to commit terrorism and all matters incident to said crimes. The Secretary of Justice shall assign a team of prosecutors from: (a) Luzon to handle terrorism cases filed in the regional trial court in Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to handle cases filed in Cagayan de Oro City. SEC. 55.Role of the Commission on Human Rights. – The Commission on Human Rights shall give the highest priority to the investigation and prosecution of violations of civil and political rights of persons in relation to the implementation of this Act; and for this purpose, the Commission shall have the concurrent jurisdiction to prosecute public officials, law enforcers, and other persons who may have violated the civil and political rights of persons suspected of, accused of, or detained for the crime of terrorism or conspiracy to commit terrorism. SEC. 56.Creation of a Grievance Committee. – There is hereby created a Grievance Committee composed of the Ombudsman, as chair, and the Solicitor General, and an undersecretary from the Department of Justice (DOJ), as members, to receive and evaluate complaints against the actuations of the police and law enforcement officials in the implementation of this Act. The Committee shall hold office in Manila. The Committee shall have three (3) subcommittees that will be respectively headed by the Deputy Ombudsmen in Luzon, the Visayas and Mindanao. The subcommittees shall respectively hold office at the Offices of Deputy Ombudsmen. Three (3) Assistant Solicitors General designated by the Solicitor General, and the regional prosecutors of the DOJ assigned to the regions where the Deputy Ombudsmen hold office shall be members thereof. The three (3) subcommittees shall assist the Grievance Committee in receiving, investigating and evaluating complaints against the police and other law enforcement officers in the W-20

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RESTRICTED implementation of the Act. If the evidence warrants it, they may file the appropriate cases against the erring police and law enforcement officers. Unless seasonably disowned or denounced by the complainants, decisions or judgments in the said cases shall preclude the filing of other cases based on the same cause or causes of action as those that were filed with the Grievance Committee or its branches. SEC. 57.Ban on Extraordinary Rendition. – No person suspected or convicted of the crime of terrorism shall be subjected to extraordinary rendition to any country unless his or her testimony is needed for terrorist related police investigations or judicial trials in the said country and unless his or her human rights, including the right against torture, and right to counsel, are officially assured by the requesting country and transmitted accordingly and approved by the Department of Justice. SEC. 58.Extra-Territorial Application of this Act. – Subject to the provision of an existing treaty of which the Philippines is a signatory and to any contrary provision of any law of preferential application, the provisions of this Act shall apply: (1) to individual persons who commit any of the crimes defined and punished in this Act within the terrestrial domain, interior waters, maritime zone, and airspace of the Philippines; (2) to individual persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines; (3) to individual persons who, although physically outside the territorial limits of the Philippines, commit any of the said crimes on board Philippine ship or Philippine airship; (4) to individual persons who commit any of said crimes within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (5) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes against Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in the commission of the crime; and (6) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine government. SEC. 59.Joint Oversight Committee. – There is hereby created a Joint Oversight Committee to oversee the implementation of this Act. The Oversight Committee shall be composed of five (5) members each from the Senate and the House in addition to the Chairs of the Committees of Public Order of both Houses who shall also Chair the Oversight Committee in the order specified herein. The membership of the Committee for every House shall at least have two (2) opposition or minority members. The Joint Oversight Committee shall have its own independent counsel. The Chair of the Committee shall rotate every six (6) months with the Senate chairing it for the first six (6) months and the House for the next six (6) months. In every case, the ranking opposition or minority member of the Committee shall be the Vice Chair. Upon the expiration of one year after this Act is approved by the President, the Committee shall review the Act particularly the provisions that authorize the surveillance of suspects of or persons charged with the crime of terrorism. To that RESTRICTED

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RESTRICTED end, the Committee shall summon the police and law enforcement officers and the members of the Anti-Terrorism Council and require them to answer questions from the members of Congress and to submit a written report of the acts they have done in the implementation of the law including the manner in which the persons suspected of or charged with the crime of terrorism have been dealt with in their custody and from the date when the movements of the latter were subjected to surveillance and his or her correspondences, messages, conversations and the like were listened to or subjected to monitoring, recording and tapping. Without prejudice to its submitting other reports, the Committee shall render a semiannual report to both Houses of Congress. The report may include where necessary a recommendation to reassess the effects of globalization on terrorist activities on the people, provide a sunset clause to or amend any portion of the Act or to repeal the Act in its entirety. The courts dealing with anti-terrorism cases shall submit to Congress and the President a report every six (6) months of the status of anti-terrorism cases that have been filed with them starting from the date this Act is implemented. SEC. 60.Separability Clause.– If for any reason any part or provision of this Act is declared unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall remain and continue to be in full force and effect. SEC. 61.Repealing Clause. – All laws, decrees, executive orders, rules or regulations or parts thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly. SEC. 62.Special Effectivity Clause. – After the bill shall have been signed into law by the President, the Act shall be published in three (3) newspapers of national circulation; three (3) newspapers of local circulation, one each in Ilocos Norte, Baguio City and Pampanga; three (3) newspapers of local circulation, one each in Cebu, Iloilo and Tacloban; and three (3) newspapers of local circulation, one each in Cagayan de Oro, Davao and General Santos City. The title of the Act and its provisions defining the acts of terrorism that are punished shall be aired everyday at primetime for seven (7) days, morning, noon and night over three (3) national television and radio networks; three (3) radio and television networks, one each in Cebu, Tacloban and Iloilo; and in five (5) radio and television networks, one each in Lanao del Sur, Cagayan de Oro, Davao City, Cotabato City and Zamboanga City. The publication in the newspapers of local circulation and the announcements over local radio and television networks shall be done in the dominant language of the community. After the publication required above shall have been done, the Act shall take effect two (2) months after the elections are held in May 2007. Thereafter, the provisions of this Act shall be automatically suspended one month before and two months after the holding of any election.

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ANNEX X

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X-1

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X-2

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X-3

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X-4

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X-5

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GLOSSARY ACCUSED. – Any military personnel who are charged with a specific offense. ACCUSER. – Is any person subject to military law who initiates and signs charges and specifications under oath stating that either he has personal knowledge or has investigated, the matters set forth herein and that the same are true in fact, to the best of his knowledge and belief. ALLOTTEE. – The person or dependents to whom the allotment is being paid. ALLOTTER. – The person who makes the allotment. ARREST IN QUARTERS. – Restriction imposed by competent authorities limiting the freedom of movement of an accused to his place of abode during the pendency of a case. CHARGES. – It applied to the formal written accusation against a person charge of an offense. CLASS “E” ALLOTMENT. – Refers to a definite portion of the pay of an officer or enlisted personnel in the active service of the AFP which is authorize to be paid his dependent(s). COMMAND RESPONSIBILITY.– Refers to the accountability or responsibility or answerability of the commander of a Military Force or Unit for the acts of his men, inclusive of the authority to order, direct, to prevent or control the acts of his men. (People v. Lucero, et al, GR No. 64323-24, 31 May 1991.) COMMANDERS. – Refers to the Following: Major Service Commanders, Area Commanders, Division Commanders, Brigade Commanders, Battalion Commanders, Company Commanders, Platoon Leaders and Detachment commanders and their equivalent in the PN, PAF and AFPWSSUs. COMMITMENT ORDER. – Is an order issued by competent authority for the detention of a person charge with a crime or offense punishable under the Articles of War. CONDUCT UNBECOMING. – Any action or behavior of an officer in an official or private capacity which brings dishonor or disgrace either to his positions as an officer or to his individuality as a gentleman. CONFINEMENT. – Refers to the restriction of freedom of movement including the curtailment of certain privileges as determine by competent authority. COURT OF INQUIRY. – Is a quisi-judicial body convened by the President or Chief of Staff upon request by the officer or soldier whose conduct is to be inquired in to for the purpose of investigating or looking into the nature of any transaction or imputation against or involving said officer or soldier.

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DEPENDENTS. – The lawful wife, unmarried children, dependent father or mother or such dependent who may have designated in the official records of the Adjutant General, AFP or the Major Service concerned. DETAINEE. – Any military personnel who is under detention or placed in confinement by the military authorities pursuant to AW 70 while under investigation for a crime or offense punishable under the Articles of War, AFP Rules and Regulations or any law applicable to military personnel. DROPPED CASES. – It is a disposition laid down by an investigating officer of a complaint filed before it and declaring the same as dropped because of but not limited to the following instances: (1) Lack of jurisdiction; (2) Lack of sufficient evidence; (3) Charges are unfounded or lack of legal basis; and (4) The case is clearly resolved. EXORBITANT INTEREST RATE. – Any required periodic payment added to or computed in reference to the actual value of cash borrowed which amounted to more than 5% per month. MINOR OFFENSES. – 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. The term includes derelictions not involving moral turpitude, or any greater degree of criminality than is involved in the average offense tried by summary court-martial. MISBEHAVIOR BEFORE THE ENEMY. – It includes acts of cowardice, willful violation of orders, gross negligence, inefficiency, treason or treachery or it may consist of a culpable failure to do a duty while before the enemy. MORAL TURPITUDE. - Is anything done contrary to justice, honesty, principle or good morals; an act of baseless or depravity in the private or social duties which a man owes to his fellowman, or to society, in general; contrary to the accepted and customary rule of right and duty between man and man. Everything done contrary to justice, honesty, modesty, or good morals is done with turpitude. In re Asada, 60 Phil. 915. Examples: Illegal marriage, abduction with consent, estafa, attempted bribery, perjury, extortion, theft, adultery, arson, attempt to evade income tax, blackmail, smuggling, trafficking in opium, trespass to dwelling, libel, seduction under promise of marriage MUTINY – Is defined as concerted insubordination or concerted opposition, defiance of, or resistance to, lawful military authority by two or more persons subject to such authority, with the intent to usurp, subvert, or override such authority or neutralize it for the time being. PENDING CASE. – For all intent and purposes, an administrative case is considered pending when: (1) a criminal case has been filed before any court of law or General Court Martial; (2) an administrative case has been filed before the Efficiency Separation Board; and (3) a case is under investigation pursuant to Circular 17, GHQ, AFP dated 02 October 1987, in case of an enlisted personnel. 2

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RELEASE. – The discharge of the detainee(s) from custody or confinement pursuant to a valid order. RESOLVED CASE. – The case has been decided by competent authority. SEDITION. – Is a form of resistance to the civil power demonstrated by riot or aggravated disorder, likely not against military superior. TECHNICAL ARREST. – The taking into custody of military personnel in order that he may be bound to answer for the commission of an offense He/She is allowed to move only within specific limits/areas.

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4

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ABBREVIATIONS ACU ADC AFP AFPCIG

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AFPWSSUs

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APM ASO AW CHR CSAFP CI CIDU COA DAPM DC DLO DLOCC DLOCS DND DO EPW ESB ETA FSU GCM GHQ HPA IDU IGS IRU JAGS LO LOC MMS MP MSR MVRI MWDU OESPA OTPMG NCO OIC OTAG PAMPS PIO

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Army Correctional Unit Area Damage Control Armed Forces of the Philippines Armed Forces of the Philippines Counter-Intelligence Group Armed Forces of the Philippines Wide Service Support Units Army Provost Marshal Area Security Operation Articles of War Commission on Human Rights Chief of Staff Armed Forces of the Philippines Civilian Internee Criminal Investigation and Detection Unit Commission on Audit Deputy Army Provost Marshal Dislocated Civilians Discipline Law and Order Discipline Law and Order Clearance Certificate Discipline Law and Order Clearance System Department of National Defense Disbursing Officer Enemy Prisoner’s of War Efficiency Separation Board Expected Time of Arrival Finance Service Unit General Courts – Marshal General Headquarters Headquarters Philippine Army Installation Correctional Unit Inspector General Service Interment and Resettlement Operation Judge Advocate General Service Law and Order Lines of Communication Maneuver and Mobility Support Military Police Main Supply Route Military Vehicle Registration and Insurance Military Working Dog Unit Office of the Ethical Standard and Public Accountability Office of the Provost Marshal General Non - Commission Officer Officer-In-Charge Office of the Adjutant General Philippine ArmyMilitaryPoliceSchool Police Intelligence Operations RESTRICTED

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PM PMG PD’s SND SOP TCF TDCS TPMG

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Provost Marshal Provost Marshal General Prisoners/Detainees Secretary of National Defense Standing Operating Procedure Tactical Control Force The Deputy Chief of Staff The Provost Marshal General

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PHILIPPINE ARMY MANUAL 1-10 ARMY PROVOST MARSHAL

RESTRICTED PHILIPPINE ARMY MANUAL 1-10 ARMY PROVOST MARSHAL Proponent: Office of the Army Provost Marshal Issued: ____________________ RESTRICTED ...

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