Amendment to P.D. No. 39 As Amended
Presidential Decree No. 884, issued on February 3, 1976, amends the jurisdiction rules for military tribunals in the Philippines. It specifies that cases involving punishments of at least six years and a day, or fines exceeding P2,000, are to be referred to a Military Commission, while lesser offenses fall under the jurisdiction of a Provost Court. Additionally, any illegal possession of firearms or explosives is addressed, with provisions for cases to be handled by the appropriate courts based on the severity of the offense. Notably, commissioned officers on active duty are exclusively tried by Military Commissions. This decree took immediate effect upon its promulgation.
Quick Answers
- What is Amendment to P.D. No. 39 As Amended about?
- Presidential Decree No. 884, issued on February 3, 1976, amends the jurisdiction rules for military tribunals in the Philippines. It specifies that cases involving punishments of at least six years and a day, or fines exceeding P2,000, are to be referred to a Military Commission, while lesser offenses fall under the jurisdiction of a Provost Court. Additionally, any illegal possession of firearms or explosives is addressed, with provisions for cases to be handled by the appropriate courts based on the severity of the offense. Notably, commissioned officers on active duty are exclusively tried by Military Commissions. This decree took immediate effect upon its promulgation.
- What type of law is Presidential Decree No. 884?
- Amendment to P.D. No. 39 As Amended (Presidential Decree No. 884) is a Philippine Presidential Issuances enacted by the Congress of the Philippines.
- When was Amendment to P.D. No. 39 As Amended enacted?
- Amendment to P.D. No. 39 As Amended (Presidential Decree No. 884) was enacted on Feb 3, 1976.
- What is the citation for Amendment to P.D. No. 39 As Amended?
- Amendment to P.D. No. 39 As Amended, Presidential Decree No. 884, Feb 3, 1976 (Philippines)
Law Information
- Reference Number
- Presidential Decree No. 884
- Date Enacted
- Category
- Presidential Issuances
- Subcategory
- Presidential Decrees
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
February 3, 1976
PRESIDENTIAL DECREE NO. 884
FURTHER AMENDING PRESIDENTIAL DECREE NO. 39, AS AMENDED
Paragraph 3 of the Rules governing Military Tribunals as promulgated by Presidential Decree No. 39 is hereby amended to read as follows: cdt
"3. Jurisdiction.
a. Military Commission. — All cases involving offenses where the range of punishment that may be imposed is confinement for at least six (6) years and one (1) day, or a fine of not less than two thousand pesos (P2,000.00) shall be referred to a Military Commission. acd
b. Provost Court. — The following cases shall be referred to a Provost Court:
(1) Where the range of punishment for the offense charged is confinement of not more than six (6) years or a fine of less than two thousand pesos (P2,000.00)
(2) Illegal possession of firearms or explosives (violation of the laws on firearms and explosives as defined and penalized in the Revised Administrative Code, as amended, and General Orders Numbered 6 and 7, as amended, in relation to Presidential Decree No. 9); or any offenses committed with the use of an illegally possession firearm or explosives: Provided, however, That the range of penalty imposable for the attendant crime or crimes is within the jurisdiction of a Provost Court as herein provided.
c. A commissioned officer on active duty in the Armed Forces of the Philippines, shall, in all cases, however, be tried only by a Military Commission."
SECTION 2. All cases of illegal possession of firearms or explosives now pending before Military Commissions, whether or not there has been arraignment, shall be tried and decided by said Military Commissions. cdt
SECTION 3. This Decree shall take effect immediately.
DONE in the City of Manila, this 3rd day of February, in the year of Our Lord, Nineteen Hundred and Seventy-Six.
Cite This Law
Amendment to P.D. No. 39 As Amended, Presidential Decree No. 884, Feb 3, 1976 (Philippines)
Amendment to P.D. No. 39 As Amended, Presidential Decree No. 884 (Phil. 1976)
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