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PRESIDENTIAL DECREE NO. 126
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PRESIDENTIAL DECREE NO. 126 -
INCREASING THE JURISDICTION OF THE CIRCUIT CRIMINAL COURTS
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WHEREAS, the Circuit Criminal Courts
created under Republic Act No. 5179 dated September 8, 1967 have only
limited jurisdiction concurrent with the Courts of First Instance to
try certain specific cases falling under the original and exclusive
jurisdiction of the latter; chanroblesvirtualawlibrary
WHEREAS, miscarriages of justice had often resulted when complex crimes
filed with the Circuit Criminal Courts were dismissed because not all
the elements of the offense cognizable by the Circuit Criminal Court
could be proved — as in kidnapping with murder, where the latter
offense could not be proved and leaving only kidnapping over which
offense the Circuit Criminal have no jurisdiction;chanroblesvirtualawlibrary
WHEREAS, it is necessary to place within the concurrent jurisdiction of
the Courts of First Instance and the Circuit Criminal Courts offenses,
whether simple or complex and not otherwise falling under the exclusive
jurisdiction of military tribunals, where the penalty provided by law
is life imprisonment or death, or within the range of said
penalties. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972 and General
Order No. 1 dated September 22, 1972, as amended, do hereby decree as
follows:cralaw:red
Section 1. Section 1 of Republic Act No. 5179 is
hereby amended so as to include the following provision:cralaw:red
"Sec. 1-A. The Circuit Criminal Courts shall have
concurrent jurisdiction with the Courts of First Instance over crimes,
whether simple or complex, which may be punishable by reclusion
perpetua or death: Provided, however, That were the offense charged is
a complex crime and only the lesser offense which is punishable by a
penalty less than reclusion perpetua is proved, the court shall not
dismiss the case but shall decide the same and impose the corresponding
penalty."
Section 2. This amendment shall not apply to offenses
falling within the exclusive jurisdiction of military tribunals.
Section 3. This Decree shall take effect immediately.
Done in the City of Manila,
this 12th day of February, in the year of Our Lord, nineteen hundred
and seventy-three.
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