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; .chan
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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;
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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
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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. .chan
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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
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