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  • Ocampo vs. Enriquez, GR 225973, Nov. 8, 2016-62

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    The document discusses Philippine laws regarding crimes committed by military personnel. It outlines that selling or pledging military property or equipment without lawful right is punishable by fine, imprisonment, or other penalties determined by a court-martial. It also states that officers found guilty of embezzlement while in the military can still be tried by a court-martial even after being discharged. Finally, it mentions that any disorders or conduct that undermine good order and discipline or discredit the military can be addressed by various courts-martial.

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    The document discusses Philippine laws regarding crimes committed by military personnel. It outlines that selling or pledging military property or equipment without lawful right is punishable by fine, imprisonment, or other penalties determined by a court-martial. It also states that officers found guilty of embezzlement while in the military can still be tried by a court-martial even after being discharged. Finally, it mentions that any disorders or conduct that undermine good order and discipline or discredit the military can be addressed by various courts-martial.

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    12 views1 page

    Ocampo vs. Enriquez, GR 225973, Nov. 8, 2016-62

    Uploaded by

    suizyyy
    The document discusses Philippine laws regarding crimes committed by military personnel. It outlines that selling or pledging military property or equipment without lawful right is punishable by fine, imprisonment, or other penalties determined by a court-martial. It also states that officers found guilty of embezzlement while in the military can still be tried by a court-martial even after being discharged. Finally, it mentions that any disorders or conduct that undermine good order and discipline or discredit the military can be addressed by various courts-martial.

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    9/8/22, 2:41 AM E-Library - Information At Your Fingertips: Printer Friendly

    any soldier, officer, or other person who is a part of or employed in said forces or
    service, any ordnance, arms, equipment, ammunition, clothing subsistence stores, or
    other property of the Commonwealth of the Philippines, such soldier, officer, or other
    person not having lawful right to sell or pledge the same;

    Shall, on conviction thereof, be punished by fine or imprisonment, or by such other


    punishment as a court-martial may adjudge, or by any or all of said penalties. And if
    any person, being guilty of any of the offenses aforesaid while in the military service of
    the Philippines, received his discharge or is dismissed from the service, he shall
    continue to be liable to be arrested and held for trial and sentence by a court-martial in
    the same manner and to the same extent as if he had not received such discharge nor
    been dismissed. And if any officer, being guilty, while in the military service of the
    Philippines of embezzlement of ration savings, post exchange, company, or other like
    funds, or of embezzlement of money or other property entrusted to his charge by an
    enlisted man or men, receives his discharge, or is dismissed, or is dropped from the
    rolls, he shall continue to be liable to be arrested and held for trial and sentence by a
    court-martial in the same manner and to the same extent as if he had not been so
    discharged, dismissed, or dropped from the rolls.

    ARTICLE 97. General Article. - Though not mentioned in these articles, all disorders and
    neglects to the prejudice of good order and military discipline and all conduct of a
    nature to bring discredit upon the military service shall be taken cognizance of by a
    general or special or summary court-martial according to the nature and degree of the
    offense, and punished at the discretion of such court. (Commonwealth Act No. 408
    dated September 14, 1938, as amended by P.D. 1166 dated June 24, 1977)

    Article 94 is under the jurisdiction of civil courts while Articles 95 to 97, as service-
    connected crimes or offenses, are under the jurisdiction of the court-martial (See R.A.
    No. 7055, Approved on June 20, 1991)

    [184] On July 12, 2016, the NHCP published its study, entitled "Why Ferdinand E.

    Marcos Should Not Be Buried At The Libingan Ng Mga Bayani," concluding that Marcos'
    military record is fraught with myths, factual inconsistencies, and lies. The NHCP study
    demonstrated that: (I) Marcos lied about receiving U.S. Medals (Distinguished Service
    Cross, Silver Star, and Order of Purple Heart); (2) his guerilla unit, the Ang Mga
    Maharlika, was never officially recognized and neither was his leadership of it; (3) U.S.
    officials did not recognize Marcos' rank promotion from Major in 1944 to Lt. Col. by
    1947; and (4) some of Marcos' actions as a soldier were officially called into question
    by the upper echelons of the U.S. Military, such as his command of the Alias
    Intelligence Unit (described as "usurpation"), his commissioning of officers (without
    authority), his abandonment of USAFIP-NL presumably to build in airfield for Gen.
    Roxas, his collection of money for the airfield (described as "illegal"), and his listing of
    his name on the roster of different units (called a "malicious criminal act").

    [185] Emphasis supplied.

    [186] Almario, et al. v. Executive Secretary, et al., supra note 46, at 163.

    https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62526 62/275

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