Amending General Order No. 12, Dated September 30, 1972, by Further Defining the Jurisdiction of Military Tribunals

November 7, 1972

GENERAL ORDER NO. 12-B

AMENDING GENERAL ORDER NO. 12, DATED SEPTEMBER 30, 1972, BY FURTHER DEFINING THE JURISDICTION OF MILITARY TRIBUNALS

General Order No. 12, dated September 30, 1972, is further amended by adding the following provisions to read as follows:

"16. Those constituting violations of the 'Anti-Carnapping Act of 1972.'

"17. Those involving crimes against persons, and crimes against property, as defined and penalized in the Revised Penal Code, when committed by a syndicate or by a band. For this purpose, the offense shall be deemed committed by a syndicate if planned and carried out by a group of three (3) or more persons formed with the intention of carrying out any unlawful or illegal transaction, enterprise or scheme. And whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.

"18. Those involving crimes against public interest, as defined and penalized under the Revised Penal Code, if committed by a syndicate or by a band, as heretofore defined.

"19. Smuggling in any form and violations of the revenue, tariff or customs laws of the Philippines committed in a large scale."

In cases under Nos. 16, 17, 18 and 19 above, the civil courts shall have concurred jurisdiction with the military tribunals if the accused is a civilian. The court or tribunal that first assumes jurisdiction shall exercise jurisdiction to the exclusion of all others. SDAaTC

DONE in the City of Manila, this 7th day of November, in the year of Our Lord, nineteen hundred and seventy-two.