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PRESIDENTIAL DECREE NO. 1822
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 the 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; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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.
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:cralaw:red
Section 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.
Section 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laws and issuances inconsistent herewith are hereby repealed.
This decree shall take effect immediately.
Done in the City of Manila,
this 16th day of January, in the year of Our Lord, nineteen hundred and
eighty-one.
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