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PRESIDENTIAL DECREE NO. 1952
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"
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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;chanroblesvirtualawlibrary
WHEREAS, it may be necessary in certain case, in the interest of
justice, for the President of the Philippines to waive court-martial
jurisdiction.
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:cralaw:red
"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: chanroblesvirtualawlibrary
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."
Section 2. This Decree shall take effect immediately.
Done in the City of Manila this
5th day of September, in the year of Our Lord, nineteen hundred and
eighty-four.
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