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PRESIDENTIAL DECREE NO.

1952

AMENDING SECTION ONE OF PRESIDENTIAL DECREE NO. 1850, ENTITLED, "PROVIDING FOR THE TRIAL BY COURTS-MARTIAL OF MEMBERS OF THE INTEGRATED NATIONAL POLICE AND FURTHER DEFINING THE JURISDICTION OF COURTS-MARTIAL OVER MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES"

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WHEREAS, under existing laws, members of the Armed Forces of the Philippines and the Integrated National Police accused of any crime or offense are triable only in the appropriate courts-martial; . chanrobles virtual law library

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WHEREAS, it may be necessary in certain case, in the interest of justice, for the President of the Philippines to waive court-martial jurisdiction. . chanrobles virtual law library NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

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Sec. 1. Court Martial Jurisdiction over Integrated National Police and Members of the Armed Forces. Any provision of law to the contrary notwithstanding (a) uniformed members of the Integrated National Police who commit any crime or offense cognizable by the civil courts shall henceforth be exclusively tried by courts-martial pursuant to and in accordance with Commonwealth Act No. 408, as amended, otherwise known as the Articles of War; (b) all persons subject to military law under Article 2 of the aforecited Articles of War who commit any crime or offense shall be exclusively tried by courts-martial or their case disposed of under the said Articles of War; Provided, that, in either of the aforementioned situations, the case shall be disposed of or tried by the proper civil or judicial authorities when court-martial jurisdiction over the offense has prescribed under Article 38 of Commonwealth Act Numbered 408, as amended, or court-martial jurisdiction over the person of the accused military or Integrated National Police personnel can no longer be exercised by virtue of their separation from the active service without jurisdiction having duly attached beforehand unless otherwise provided by law: . chanrobles virtual law library
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PROVIDED FURTHER, THAT THE PRESIDENT MAY, IN THE INTEREST OF JUSTICE, ORDER OR DIRECT, AT ANY TIME BEFORE ARRAIGNMENT, THAT A PARTICULAR CASE BE TRIED BY THE APPROPRIATE CIVIL COURT.

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As used herein, the term uniformed members of the Integrated National Police shall refer to police officers, policemen, firemen, and jail guards."

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Sec. 2. This Decree shall take effect immediately.
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Done in the City of Manila this 5th day of September, in the year of Our Lord, nineteen hundred and eighty-four. . chanrobles virtual law library

PRESIDENTIAL DECREE NO. 1822-A

AMENDING SECTION 1, PRESIDENTIAL DECREE NO. 1822, PROVIDING FOR TRIAL BY COURTS-MARTIAL OF MEMBERS OF THE ARMED FORCES CHARGED WITH OFFENSES RELATED TO THE PERFORMANCE OF THEIR DUTIES.

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WHEREAS, under P. D. No. 1822, members of the Armed Forces of the Philippines in the active service who commit crimes in relation to their office are considered excluded from jurisdiction of the Tanodbayan and the Sandiganbayan even after the lifting of Martial Law;

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WHEREAS, such officers, soldiers and personnel of the Armed Forces including the Philippine Constabulary charged with any crime or offense related to the performance of their duties shall be exclusively tried and punished as a court martial may direct pursuant to the Articles of War as provided for in said presidential decree; . chanrobles virtual law library

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WHEREAS, there are special cases wherein members of the Armed Forces are jointly tried with members of the Integrated National Police or with civilians; and . chanrobles virtual law library WHEREAS, to avoid the splitting of jurisdiction on such special cases where members of the Armed Forces of the Philippines, are charged together with defendants who do not fall within the jurisdiction of courts martial, it becomes imperative to charge and try them jointly. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order: . chanrobles virtual law library
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"Sec. 1. Any provision of existing law to the contrary notwithstanding, all officers, soldiers, and personnel in the active service of the Armed Forces of the Philippines, or of the Philippine Constabulary charged with any crime or offense related to the performance of their duties shall exclusively be tried and punished as a court martial may direct pursuant to the Articles of War; Provided, however, that in all cases or crimes wherein the respondents or accused are the members of the Armed Forces of the Philippines in the active service together with civilians and other non-members of the Armed Forces, or in any other case in which the interest of justice requires, the President of the Philippines may waive the provisions of this Decree for the purpose of having all the respondents or defendants investigated by the Tanodbayan and tried by the Sandiganbayan." . chan
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This decree shall take effect immediately.

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Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen hundred and eighty-one. . chan robles virtual law library

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Since 19.07.98****************************************

PRESIDENTIAL DECREE NO. 1822

PROVIDING FOR THE TRIAL BY COURTS-MARTIAL OF MEMBERS OF THE ARMED FORCES CHARGED WITH OFFENSES RELATED TO THE PERFORMANCES OF THEIR DUTIES.

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WHEREAS, under P.D. No. 1606, members of the armed forces in the active service who commit crimes in relation to their office do not fall within the jurisdiction of the Tanodbayan and the Sandiganbayan during the period of martial law; . chanrobles
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WHEREAS, under the Articles of War, not all offenses committed by persons subject to military law in relation to the performance of their duties are triable by courts-martial; .chanrobles virtual law library WHEREAS, it is sound and wise policy long recognized in civilized countries that members of the armed forces charged with offenses related to the performance of their duties have the right to demand trial courts-martial composed of their own peers; WHEREAS, there is a need to clarify existing provisions of law relating to the jurisdiction of courts-martial created under the Articles of War in order to vest exclusive jurisdiction in said court-martial over all crimes and offenses committed by members of the Armed Forces in relation to the performance of their duties. . chanrobles virtual law library NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order: . chanrobles virtual law library
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Sec. 1. Any provision of existing law to the contrary notwithstanding, all officers, soldiers and personnel in the active service of the Armed Forces of the Philippines, or of the Philippine Constabulary, charged with any crime or offenses related to the performance of their duties shall exclusively be tried and punished as a courtmartial may direct pursuant to the Articles of War.

Sec. 2. The provisions of Commonwealth Act No. 403, Presidential Decree No. 1606, General Order No. 69, and all other laws and issuances inconsistent herewith are hereby repealed. . chanrobles virtual law library This decree shall take effect immediately.

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Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen hundred and eighty-one. . chanrobles virtual law library

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Since 19.07.98