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PRESIDENTIAL DECREE NO. 255 -
AMENDING PRESIDENTIAL DECREE NO. 39, DEFINING THE JURISDICTION OF THE
MILITARY TRIBUNALS
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| WHEREAS,
the rules governing the creation, composition, jurisdiction, procedure,
and other matters relevant to military tribunals promulgated pursuant
to Presidential Decree No. 39, dated November 7, 1972, did not confer
on military commission and provosts courts the jurisdiction to try
military personnel for strictly military offenses in violation of the
Articles of War; WHEREAS, in order to expedite the disposition of such offenses, it is necessary that the military commission and provosts courts referred to in the aforesaid Presidential Decree No. 39 be conferred the jurisdiction to try and dispose of the same. NOW, THEREFORE, I, FERDINAND E. MARCOS, pursuant to Proclamation No. 1081, dated September 21, 1972, and No. 1104, dated January 17, 1973, and in my capacity as Commander-in-Chief of all Armed Forces of the Philippines, do hereby order and decree that the following portion of the rules governing the creation, composition, jurisdiction, procedure, and other matters relevant to military tribunals, is amended to read as follows: "3. Jurisdiction. — All crimes and offenses, including those defined and penalized under Commonwealth Act No. 408, otherwise known as the "Articles of War, as amended, which are properly chargeable under said Act even if committed prior to the effectivity of this Decree, shall be referred to military commissions where the range of punishment that may be imposed is confinement for at least six years and one day or fine of not less than two thousand pesos, and to provosts courts where the range of punishment that may be imposed is less than the aforestated punishment: Provided, That the appointing authority in each particular case shall not be precluded from referring the case to a court-martial for trial or from taking action under Article of War 105 or any other appropriate action consistent with the interest of justice, discipline and exigencies of the military service; Provided, further, That a commissioned officer shall not be tried by a Provost Court." All provisions in the aforesaid rules, other general orders, decrees, and letters of instruction which are in conflict with this decree are hereby modified, amended, superseded or repealed to conform herewith. Done in the City of Manila, this 26th day of July, in the year of Our Lord, nineteen hundred and seventy-three. |
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