pd 1952- amending sec. 1 of pd 1850 on court martial jurisdiction over pnp, afp etc

7/30/2019 PD 1952- Amending Sec. 1 of PD 1850 on Court Martial Jurisdiction Over PNP, AFP Etc..

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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".chan robles virtual law library

.chan robles virtual law library

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

.chanrobles virtual law library

WHEREAS, it may be necessary in certain case, in the interest of justice, for thePresident 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:


Sec. 1. Court Martial Jurisdiction over Integrated National Police and Members ofthe 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 underArticle 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:chanroblesvirtuallawlibrary.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.


As used herein, the term uniformed members of the Integrated National Police

shall refer to police officers, policemen, firemen, and jail guards."


Sec. 2. This Decree shall take effect immediately..chanrobles virtual law library

chanrobles virtual law library

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..chan robles virtual law library

.chan robles virtual law libraryWHEREAS, 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;

http://www.chanrobles.com/presidentialdecreeno1822.htmhttp://www.chanrobles.com/presidentialdecreeno1822.htmhttp://www.chanrobles.com/presidentialdecreeno1822.htmhttp://www.chanrobles.com/presidentialdecreeno1822.htmhttp://www.chanrobles.com/presidentialdecreeno1822.htmhttp://www.chanrobles.com/presidentialdecreeno1822.htm


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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


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, byvirtue of the powers vested in me by the Constitution, do hereby decree and

order:chanroblesvirtuallawlibrary.chanrobles virtual law library

"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 theinterest 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

robles virtual law ibrary

This decree shall take effect immediately. .chanrobles virtual law library


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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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..chan robles virtual law library

.chan robles virtual law library

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

virtual law library


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:chanroblesvirtuallawlibrary.chanrobles virtual law library

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 court-

martial may direct pursuant to the Articles of War.


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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. .chanrobles virtual law library

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

Back to Top - Back to Main Index - Back to Home

Since 19.07.98
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pd 1952- amending sec. 1 of pd 1850 on court martial jurisdiction over pnp, afp etc

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