Article 25.—When any commandant of a detachment shall receive notice of an individual in the service having committed a fault or having performed any act reputed to be a military misdemeanour, he shall inform the Commandant of the District of the same, and this officer shall appoint a judge and secretary to constitute a Court of Inquiry in the form prescribed in the instructions dated 20th instant. If the accused held the rank of lieutenant, or a higher one, the same Commandant shall be the judge, and if the Commandant himself were the accused the Superior Commandant of the Province shall appoint as judge an officer of a higher rank, and if there were none such the same Commandant of the Province shall open the inquiry. The judge shall always hold the rank of chief.

Article 26.—When the Court of Inquiry has finished its labours, the Superior Commandant shall appoint three assistant judges of equal or superior rank to the judge, and a Court-Martial shall be composed of the three assistant judges, the judge, the assessor, and the president. The Commandant of the District shall be the judge if the accused held the rank of sergeant, or a lower one, and the Superior Commandant shall be judge if the accused held the rank of lieutenant, or a higher one. This court shall pass sentence in the same form as the Provincial Courts, but the sentence can be appealed against before the Superior Council of War.

Article 27.—The Superior Council of War shall be composed of six assistant judges, who shall hold the minimum rank of Brigadier-General, and the War Office adviser. If the number of generals residing in the capital of the Revolutionary Government be insufficient, the number shall be made up by deputies to be appointed on commission by Congress. The President of this Council shall be the general of the highest rank amongst them, and if there were more than one of the same rank, one shall be elected by themselves by majority of votes.

Article 28.—The Superior Council shall judge and sentence, without right of further appeal, Superior Commandants, Commandants of Districts, and all officers who hold rank of Commandant, or a higher one.

Article 29.—Military misdemeanours are the following:—

(1) Violation of the immunity due to foreigners, both as to their persons and their goods, and violation of the privileges appertaining to sanitary establishments and ambulances, as well as the persons and effects in, or belonging to, one or the other, and persons employed in the service of the same so long as they commit no hostile act. (2) Want of respect for the lives, money, and jewellery of the enemy who surrenders his arms, and for prisoners of war. (3) The entry of Filipinos into the service of the enemy as spies, or to discover war secrets, make plans of the revolutionists' positions and fortifications, or present themselves to parley without proving their mission or their individuality. (4) Violation of the immunity due to those who come with this mission, duly accredited, in the form prescribed by international law.

The following persons also commit military misdemeanours:—

(1) Those who endeavour to break up the union of the revolutionists, fomenting rivalry between the chiefs, and forming divisions and armed bands. (2) Those who collect taxes without being duly authorized by Government, or misappropriate public funds. (3) Those who, being armed, surrender to the enemy or commit any act of cowardice before the same; and (4) Those who sequester any person who has done no harm to the Revolution, or violate women, or assassinate, or seriously wound any undefended persons, or commit robbery or arson.

Article 30.—Those who commit any of the above-named misdemeanours shall be considered declared enemies of the Revolution and shall be punished on the highest scale of punishment provided for in the Spanish Penal Code. If the misdemeanour be not provided for in the said code, the culprit shall be confined until the Revolution has triumphed, unless his crime shall have caused an irreparable injury which, in the opinion of the court, would justify the imposition of capital punishment.