Limitation on the Jurisdiction of Military Tribunals

June 24, 1977

GENERAL ORDER NO. 59

FURTHER LIMITING THE JURISDICTION OF MILITARY TRIBUNALS

WHEREAS, upon the proclamation of martial law on September 21, 1972, certain types of criminal cases were placed under the cognizance of military tribunals; ASaTHc

WHEREAS, it is necessary that the military authorities should be able to better concentrate their efforts and attention on their primary functions;

WHEREAS, it is believed now appropriate to limit the jurisdiction of military tribunals to certain types of criminal cases.

Now, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree the following as part of the law of the land:

SECTION 1. The military tribunals created under General Order No. 8, dated September 27, 1972, shall exercise exclusive jurisdiction over the following cases:

a. All offenses committed by military personnel of the Armed Forces of the Philippines while in the performance of their official duty or which arose out of any act or omission done in the performance of their official duty Provided, that for the purpose of determining whether an offense was committed while in the performance of official duty or whether it arose out of an act or omission done in the performance of official duty, a certificate issued by the Secretary of National Defense to that effect shall be conclusive unless modified or revoked by the President: Provided, further, that whenever in any of the foregoing offenses, there are two or more accused at least one of whom is a military personnel, military tribunals shall have jurisdiction over the offense.

b. Crimes against national security and the law of nations as defined and penalized in Title 1, Book II of the Revised Penal Code.

c. Violations of the Anti-Subversion Law as defined and penalized in Republic Act No. 1700, or Presidential Decree No. 885, as the case may be.

d. Espionage (Commonwealth Act No. 616).

e. Crimes against public order as defined and penalized under the Revised Penal Code, as amended, namely:

(1) Rebellion or insurrection (Art. 134);

(2) Conspiracy and proposal to commit rebellion or insurrection (Art. 136);

(3) Disloyalty of public officers or employees (Art. 137);

(4) Inciting to rebellion or insurrection (Art. 138);

(5) Sedition (Art. 139);

(6) Conspiracy to commit sedition (Art. 141);

(7) Inciting to sedition (Art. 142); EHDCAI

(8) Illegal assemblies (Art. 146); and

(9) Illegal associations (Art. 147).

f. Crimes as defined and penalized under Presidential Decree No. 33 such as printing possession, distribution and circulation of certain leaflets, handbills and propaganda materials, and the inscribing or designing of graffiti.

g. Violations of the laws on firearms and explosives found in the Revised Administrative Code, as amended, and General Order Nos. 6 and 7, as amended, in relation to Presidential Decree No. 9, including crimes committed with the use of illegally possessed firearms and explosives.

h. Usurpation of military authority, rank, title and/or illegal manufacture, sale and/or use of military uniforms or insignia, as embraced in Articles 177 and 178 of the Revised Penal Code, as amended, and in Republic Act No. 493.

SECTION 2. All offenses not specifically mentioned in the preceding section shall be under the jurisdiction of the civil courts: Provided, that the President may, in the public interest, refer to a military tribunal a case falling under the exclusive jurisdiction of the civil courts or a case falling under the exclusive jurisdiction of the military tribunal to a civil court. DcCEHI

SECTION 3. All cases not falling under Section 1 hereof in which the accused have not been arraigned as of the date of effectivity of this Order shall immediately be transferred to the appropriate civil courts. However, the case of an accused who has been arraigned may still be transferred to the civil courts under rules and regulations which the Secretary of National Defense is hereby authorized to promulgate.

SECTION 4. General Order Nos. 49, 54 and 57, Presidential Decree No. 33-A, Presidential Memorandum to the Secretary of National Defense dated December 5, 1973 (re-military tribunal jurisdiction over violations of Presidential Decree No. 296), and the provisions of other general orders, Presidential decrees or letters of instructions conferring exclusive or concurrent jurisdiction over other offenses on the military tribunals, which are inconsistent with the provisions of this Order, are hereby repealed or modified accordingly. Nothing, however, in this General Order shall be construed as depriving courts-martial of their jurisdiction over offenses under the Articles of War.

SECTION 5. This Order shall take effect immediately.

Done in the City of Manila, this 24th day of June, in the year of Our Lord, nineteen hundred and seventy-seven.