[ Act No. 619, February 06, 1903 ]
AN ACT TO PROMOTE GOOD ORDER AND DISCIPLINE IN THE PHILIPPINES CONSTABULARY.
By authority of the United States, be it enacted by the Philippine Commission, that:
SECTION 1. Any member of the Constabulary who begins, excites, a. causes, or joins in any opposition or resistance to, or defiance of, any superior authority in the Constabulary with intent to usurp, subvert, or override the same, or who being present does not use his utmost endeavor to suppress all such opposition, resistance, or defiance, or who, having knowledge of any such opposition, resistance, or defiance being intended, does not, without delay, give information thereof to such superior authority, shall be fined not exceeding ten thousand dollars or imprisoned not exceeding ten years, or both.
SEC. 2. Any member of the Constabulary force who whips, maltreats, abuses, subjects to physical violence, or tortures by the so called "water cure" or otherwise, any native of the Philippine Islands or other person, or who causes such whipping, maltreatment, abuse, or torture of any native of the Philippine Islands or other person for the purpose of extorting from him any confession or inducing him to give any information whatsoever, shall be punished by imprisonment at hard labor for a term not exceeding five years or by a line of not more than five thousand dollars, or both, in the discretion of the court. Final conviction of any such offense shall by and of itself constitute a dismissal of the offender from the Constabulary service and shall make him ineligible to any position of trust or confidence in the Government of the Philippine Islands.
SEC. 3. Any Constabulary officer or noncommissioned officer of the Constabulary who countenances, allows, or permits the whipping, maltreatment, abuse, or torture of any native of the Philippine Islands or of any other person for the purpose of extorting or obtaining any confession, information, or declaration whatsoever shall be punished by imprisonment for a period not exceeding five years or by a line not exceeding five thousand dollars, or both such line and imprisonment, in the discretion of the court.
SEC. 4. No confession of any person charged with crime shall be received as evidence against him by any court of justice unless it be first shown to the satisfaction of the court that it was freely and voluntarily made and not the result of violence, intimidation, throat, menace, or of promises or offers of reward or leniency.
SEC. 5. Any member of the Constabulary who misbehaves himself before any outlaw, robber, or other enemy, runs away, or shamefully abandons any post or guard, or advises or persuades others to do the like, or casts away his arms or ammunition, or quits his post or command to plunder or pillage, shall be fined not exceeding three thousand dollars or imprisoned not exceeding three years, or both.
SEC. 6. Any member of the Constabulary who willfully disobeys, the lawful command of his superior officer; or of any officer of the Constabulary engaged in parting or quelling any quarrel, fray, or disorder therein, or who strikes such superior officer or such officer so engaged, or draws or lifts any weapon, or offers any violence against him, shall be fined not exceeding two thousand dollars or imprisoned not exceeding two years, or both.
SEC. 7. Any member of the Constabulary who, having received pay or been duly enlisted therein, absents himself therefrom without leave and with intent not to return thereto, or advises or persuades others to do the like, shall be fined not exceeding two thousand dollars or imprisoned not exceeding two years, or both.
SEC. 8. Any member of the Constabulary who, while on duty as a sentinel, is found sleeping upon his post, or who leaves it before he is regularly relieved, shall be lined not exceeding five hundred dollars or imprisoned not exceeding one year, or both.
SEC. 9. The offenses specified in the foregoing sections of this Act are hereby made cognizable by the Court of First Instance for the city or province wherein the same shall have been committed whenever the facts in any case constituting such an offense together with a list of the witnesses thereto, shall be certified to such court by the Chief or any assistant chief of Constabulary, and it shall be the duty of the prosecuting attorney or provincial fiscal to prosecute the same.
SEC. 10. Any enlisted man who willfully or through neglect wastes, loses, or spoils his horse, arms, ammunition, clothing, of accouterments; or behaves himself with disrespect toward his superior officer; or lies out of his quarters or camp, or otherwise absents himself therefrom, or from his guard or other command, without leave from his superior officer; or fails, except when prevented by sickness or other necessity, to repair, at the fixed time, to the place of parade, exercise, or other rendezvous appointed by his superior officer; or goes from the same before he is dismissed or relieved;or is found one mile from his quarters or camp without leave in uniting from his superior officer; or fails to retire to his quarters or tent at retreat; or hires another to do his duty for him; or is found drunk on his guard, party, or other duty; or is guilty of any offense, disorder, or neglect to the prejudice of good order and discipline, not hereinbefore mentioned shall be punished as a Constabulary summary court shall direct, subject to the provisions and limitations hereinafter contained.
SEC. 11. The Chief of the Philippines Constabulary is hereby authorized to designate in each Constabulary post or command an inspector as summary court before whom offenders under the provisions of the last preceding section shall be brought to trial within twenty-four hours of the time of their arrest, or as soon thereafter as practicable; and such inspector as summary court shall have power to administer oaths and to hear and determine such cases, and, when satisfied of the guilt of the accused, adjudge the punishment to be inflicted, which said punishment shall not exceed confinement at hard labor for one month and forfeiture of one months pay for the first conviction, or confinement at hard labor for two months and forfeiture of two mouths pay for the second conviction within six months: Provided, That where the accused is a noncommissioned officer or a first-class private, he may be sentenced to reduction to the grade of second-class private in addition thereto, and that where the accused has been convicted by summary court three times within a year he may be sentenced to be dishonorably discharged in addition to the penalties hereinbefore mentioned. No noncommissioned officer shall be confined, awaiting trial, with prisoners who are not also noncommissioned officers, nor at all unless such confinement be absolutely necessary as a measure o restraint, and no noncommissioned officer or first-class private be sentenced to confinement except when he is also sentenced to reduction to the grade of second-class private. No noncommissioned officer or first-class private reduced to the grade of second-class private by sentence of the summary court shall be advanced within six months from the date of such sentence. Where an accused is sentenced to a forfeiture of pay, the sentence provide for the deduction of the amount of the forfeiture in e monthly installments, during a period of not exceeding six m after the date of the sentence.
Each summary court shall keep a record in which shall be entered all cases heard and determined and the action had thereon; and no sentence adjudged by any summary court for a first offense within six months shall be executed which exceeds the limit of punishment fixed for such offense in the following table:
All fines imposed in accordance with this section shall be deposited with the Treasurer of the Philippine Archipelago, and shall constitute a special fund to be expended for the moral and material welfare of the enlisted Constabulary by a board appointed by the Chief of the Constabulary for that purpose: Provided, however, That all expenditures made by such board shall be audited as are other claims against the Insular Treasury.
SEC. 12. The "Manual for Courts Martial, and so forth," in the United States Army, published by the Secretary of March sixteenth, nineteen hundred and one, in so far as it relates to procedure, forms of charges, previous convictions, records, reports, sentences, and approvals, shall be followed by Constabulary summary courts where the same shall be applicable and not inconsistent with the provisions of this Act.
SEC. 13. The Chief or any assistant chief of Constabulary or senior Constabulary inspector of a province may arrest and confine in his quarters and deprive of his arms any subordinate officer of his command charged with crime or with conduct unbecoming a gentleman, or to the prejudice of good order and discipline, for not exceeding ten days pending investigation of the charge and action thereon. An enlisted man of the Constabulary charged with crime or with being guilty of any offense under this Act may be arrested and confined by any superior authority in the Constabulary until delivered to the proper provincial or judicial officials where the offense is cognizable by the Courts of First Instance, or until tried, where the offense is punishable by Constabulary summary court, or until released by proper authority. Such arrest and confinement shall be without warrant.
SEC. 14. The following amounts shall be deducted and retained from the monthly pay of members of the Constabulary:
From the monthly pay of each captain and inspector, one dollar.
From the monthly pay of each first or second lieutenant and inspector, seventy-five cents.
From the monthly pay of each third lieutenant and inspector, or of each subinspector, fifty cents.
From the monthly pay of each enlisted man, ten cents.
Such deductions and retentions shall be noted on the pay roll the Constabulary officer by whom any member of the Constabulary is paid, shall pay such member only the net amount due, the same being his total pay Jess such retentions, deductions, and forfeitures, which may have been made pursuant to the provisions of this Act. Each Constabulary officer shall keep a record in duplicate of all such deductions and retentions, showing the amount thereof and the name of the member of the Constabulary, and shall forward one copy to the Chief of Constabulary and the other copy to the Auditor for the Archipelago at the end of each month. The amount of these; deductions and retentions shall be deposited in the Insular Treasury by settlement warrant pursuant to certification of the Auditor as the accounts in which such deductions and retentions have been made are audited and settled. These deposits with the Insular Treasurer shall constitute a special fund and shall not be considered general revenues of the Islands. The Chief of Constabulary is hereby authorized to recommend to the Civil Governor the disposition of these funds, and upon approval of the Civil Governor they may be expended for the benefit of the widows and orphans of members of the Constabulary who have lost or shall lose their fives in line of duty, and for members of the Constabulary who may have been incapacitated to gain a livelihood by reason of wounds or other causes due to the service, under such rules and regulations as shall prescribed by the Civil Governor.
SEC. 15. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
SEC. 16. This Act shall take effect on its passage.
Enacted, February 6, 1903.
SECTION 1. Any member of the Constabulary who begins, excites, a. causes, or joins in any opposition or resistance to, or defiance of, any superior authority in the Constabulary with intent to usurp, subvert, or override the same, or who being present does not use his utmost endeavor to suppress all such opposition, resistance, or defiance, or who, having knowledge of any such opposition, resistance, or defiance being intended, does not, without delay, give information thereof to such superior authority, shall be fined not exceeding ten thousand dollars or imprisoned not exceeding ten years, or both.
SEC. 2. Any member of the Constabulary force who whips, maltreats, abuses, subjects to physical violence, or tortures by the so called "water cure" or otherwise, any native of the Philippine Islands or other person, or who causes such whipping, maltreatment, abuse, or torture of any native of the Philippine Islands or other person for the purpose of extorting from him any confession or inducing him to give any information whatsoever, shall be punished by imprisonment at hard labor for a term not exceeding five years or by a line of not more than five thousand dollars, or both, in the discretion of the court. Final conviction of any such offense shall by and of itself constitute a dismissal of the offender from the Constabulary service and shall make him ineligible to any position of trust or confidence in the Government of the Philippine Islands.
SEC. 3. Any Constabulary officer or noncommissioned officer of the Constabulary who countenances, allows, or permits the whipping, maltreatment, abuse, or torture of any native of the Philippine Islands or of any other person for the purpose of extorting or obtaining any confession, information, or declaration whatsoever shall be punished by imprisonment for a period not exceeding five years or by a line not exceeding five thousand dollars, or both such line and imprisonment, in the discretion of the court.
SEC. 4. No confession of any person charged with crime shall be received as evidence against him by any court of justice unless it be first shown to the satisfaction of the court that it was freely and voluntarily made and not the result of violence, intimidation, throat, menace, or of promises or offers of reward or leniency.
SEC. 5. Any member of the Constabulary who misbehaves himself before any outlaw, robber, or other enemy, runs away, or shamefully abandons any post or guard, or advises or persuades others to do the like, or casts away his arms or ammunition, or quits his post or command to plunder or pillage, shall be fined not exceeding three thousand dollars or imprisoned not exceeding three years, or both.
SEC. 6. Any member of the Constabulary who willfully disobeys, the lawful command of his superior officer; or of any officer of the Constabulary engaged in parting or quelling any quarrel, fray, or disorder therein, or who strikes such superior officer or such officer so engaged, or draws or lifts any weapon, or offers any violence against him, shall be fined not exceeding two thousand dollars or imprisoned not exceeding two years, or both.
SEC. 7. Any member of the Constabulary who, having received pay or been duly enlisted therein, absents himself therefrom without leave and with intent not to return thereto, or advises or persuades others to do the like, shall be fined not exceeding two thousand dollars or imprisoned not exceeding two years, or both.
SEC. 8. Any member of the Constabulary who, while on duty as a sentinel, is found sleeping upon his post, or who leaves it before he is regularly relieved, shall be lined not exceeding five hundred dollars or imprisoned not exceeding one year, or both.
SEC. 9. The offenses specified in the foregoing sections of this Act are hereby made cognizable by the Court of First Instance for the city or province wherein the same shall have been committed whenever the facts in any case constituting such an offense together with a list of the witnesses thereto, shall be certified to such court by the Chief or any assistant chief of Constabulary, and it shall be the duty of the prosecuting attorney or provincial fiscal to prosecute the same.
SEC. 10. Any enlisted man who willfully or through neglect wastes, loses, or spoils his horse, arms, ammunition, clothing, of accouterments; or behaves himself with disrespect toward his superior officer; or lies out of his quarters or camp, or otherwise absents himself therefrom, or from his guard or other command, without leave from his superior officer; or fails, except when prevented by sickness or other necessity, to repair, at the fixed time, to the place of parade, exercise, or other rendezvous appointed by his superior officer; or goes from the same before he is dismissed or relieved;or is found one mile from his quarters or camp without leave in uniting from his superior officer; or fails to retire to his quarters or tent at retreat; or hires another to do his duty for him; or is found drunk on his guard, party, or other duty; or is guilty of any offense, disorder, or neglect to the prejudice of good order and discipline, not hereinbefore mentioned shall be punished as a Constabulary summary court shall direct, subject to the provisions and limitations hereinafter contained.
SEC. 11. The Chief of the Philippines Constabulary is hereby authorized to designate in each Constabulary post or command an inspector as summary court before whom offenders under the provisions of the last preceding section shall be brought to trial within twenty-four hours of the time of their arrest, or as soon thereafter as practicable; and such inspector as summary court shall have power to administer oaths and to hear and determine such cases, and, when satisfied of the guilt of the accused, adjudge the punishment to be inflicted, which said punishment shall not exceed confinement at hard labor for one month and forfeiture of one months pay for the first conviction, or confinement at hard labor for two months and forfeiture of two mouths pay for the second conviction within six months: Provided, That where the accused is a noncommissioned officer or a first-class private, he may be sentenced to reduction to the grade of second-class private in addition thereto, and that where the accused has been convicted by summary court three times within a year he may be sentenced to be dishonorably discharged in addition to the penalties hereinbefore mentioned. No noncommissioned officer shall be confined, awaiting trial, with prisoners who are not also noncommissioned officers, nor at all unless such confinement be absolutely necessary as a measure o restraint, and no noncommissioned officer or first-class private be sentenced to confinement except when he is also sentenced to reduction to the grade of second-class private. No noncommissioned officer or first-class private reduced to the grade of second-class private by sentence of the summary court shall be advanced within six months from the date of such sentence. Where an accused is sentenced to a forfeiture of pay, the sentence provide for the deduction of the amount of the forfeiture in e monthly installments, during a period of not exceeding six m after the date of the sentence.
Each summary court shall keep a record in which shall be entered all cases heard and determined and the action had thereon; and no sentence adjudged by any summary court for a first offense within six months shall be executed which exceeds the limit of punishment fixed for such offense in the following table:
or until such sentence shall have been approved by the Chief or an Assistant Chief of Constabulary.
For more than one to six hours, inclusive.
At reveille or retreat roll call
At inspection and muster, weekly or monthly inspection.
At inspection of company guard detail or at guard mounting.
All fines imposed in accordance with this section shall be deposited with the Treasurer of the Philippine Archipelago, and shall constitute a special fund to be expended for the moral and material welfare of the enlisted Constabulary by a board appointed by the Chief of the Constabulary for that purpose: Provided, however, That all expenditures made by such board shall be audited as are other claims against the Insular Treasury.
SEC. 12. The "Manual for Courts Martial, and so forth," in the United States Army, published by the Secretary of March sixteenth, nineteen hundred and one, in so far as it relates to procedure, forms of charges, previous convictions, records, reports, sentences, and approvals, shall be followed by Constabulary summary courts where the same shall be applicable and not inconsistent with the provisions of this Act.
SEC. 13. The Chief or any assistant chief of Constabulary or senior Constabulary inspector of a province may arrest and confine in his quarters and deprive of his arms any subordinate officer of his command charged with crime or with conduct unbecoming a gentleman, or to the prejudice of good order and discipline, for not exceeding ten days pending investigation of the charge and action thereon. An enlisted man of the Constabulary charged with crime or with being guilty of any offense under this Act may be arrested and confined by any superior authority in the Constabulary until delivered to the proper provincial or judicial officials where the offense is cognizable by the Courts of First Instance, or until tried, where the offense is punishable by Constabulary summary court, or until released by proper authority. Such arrest and confinement shall be without warrant.
SEC. 14. The following amounts shall be deducted and retained from the monthly pay of members of the Constabulary:
From the monthly pay of each captain and inspector, one dollar.
From the monthly pay of each first or second lieutenant and inspector, seventy-five cents.
From the monthly pay of each third lieutenant and inspector, or of each subinspector, fifty cents.
From the monthly pay of each enlisted man, ten cents.
Such deductions and retentions shall be noted on the pay roll the Constabulary officer by whom any member of the Constabulary is paid, shall pay such member only the net amount due, the same being his total pay Jess such retentions, deductions, and forfeitures, which may have been made pursuant to the provisions of this Act. Each Constabulary officer shall keep a record in duplicate of all such deductions and retentions, showing the amount thereof and the name of the member of the Constabulary, and shall forward one copy to the Chief of Constabulary and the other copy to the Auditor for the Archipelago at the end of each month. The amount of these; deductions and retentions shall be deposited in the Insular Treasury by settlement warrant pursuant to certification of the Auditor as the accounts in which such deductions and retentions have been made are audited and settled. These deposits with the Insular Treasurer shall constitute a special fund and shall not be considered general revenues of the Islands. The Chief of Constabulary is hereby authorized to recommend to the Civil Governor the disposition of these funds, and upon approval of the Civil Governor they may be expended for the benefit of the widows and orphans of members of the Constabulary who have lost or shall lose their fives in line of duty, and for members of the Constabulary who may have been incapacitated to gain a livelihood by reason of wounds or other causes due to the service, under such rules and regulations as shall prescribed by the Civil Governor.
SEC. 15. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
SEC. 16. This Act shall take effect on its passage.
Enacted, February 6, 1903.