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;.chan
robles virtual law library
.chan robles
virtual law library
WHEREAS,
it may be necessary in certain case, in the interest of justice, for
the
President of the Philippines to waive court-martial jurisdiction. .chan
robles 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:
.chan
robles
virtual law library
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:.chan
robles virtual law library
.chan
robles virtual
law library
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.
.chan
robles virtual law library
As
used herein, the term uniformed members of the Integrated National
Police
shall refer to police officers, policemen, firemen, and jail
guards."
.chan
robles
virtual law library
Sec.
2. This Decree shall take effect
immediately..chan
robles virtual law library
chan
robles 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..chan
robles virtual law library
