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TO: THE
COURT OF APPEALS, COURTS OF FIRST INSTANCE, CIRCUIT CRIMINAL COURTS,
JUVENILE
AND DOMESTIC RELATIONS COURTS AND CITY AND MUNICIPAL COURTS.
For your information and guidance, We are quoting hereunder the complete text of General Order No. 59 of the President of the Philippines dated June 24, 1977 entitled "FURTHER LIMITING THE JURISDICTION OF MILITARY TRIBUNALS." "FURTHER LIMITING THE JURISDICTION OF MILITARY TRIBUNALS "WHEREAS, upon the proclamation of martial law on September 21, 1972, certain types of criminal cases were placed under the cognizance of military tribunals; "WHEREAS, it is necessary that the military authorities should be able to better concentrate their efforts and attention on their primary functions; "WHEREAS, it is believed now appropriate to limit the jurisdiction of military tribunals to certain types of criminal cases. "NOW, THEREFORE, I, FERDINAND E. MARCOS, President to the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree the following as part of the law of the land: "SECTION 1. The military
tribunals created under General Order No. 8 dated September 27, 1972,
shall
exercise jurisdiction over the following cases:
"b. Crimes against national security and the law of nations as defined and penalized in Title I, Book II of the Revised Penal Code. "c. Violations of the Anti-Subversion Law as defined and penalized in Republic Act No. 1700, or Presidential Decree No. 885, as the case may be. "d. Espionage (Commonwealth Act No. 616). "e. Crimes
against
public order as defined and penalized under the Revised Penal Code, as
amended, namely:
"(2) Conspiracy and proposal to commit rebellion or insurrection (Art. 136); "(3) Disloyalty of public officers or employees (Art. 137); "(4) Inciting to rebellion or insurrection (Art. 137); "(5) Sedition (Art. 139); "(6) Conspiracy to commit sedition (Art. 141); "(7) Inciting to sedition (Art. 142); "(8) Illegal assemblies (Art. 146); "(9) Illegal associations (Art. 147). "g. Violations of the laws on firearms and explosives found in the Revised Administrative Code, as amended, and General Orders Nos. 7 and 7, as amended, in relation to Presidential Decree No. 9, including crimes committed with the use of illegally possessed firearms and explosives. "h. Usurpation of military authority, rank, title and/or illegal manufacture, sale and/or use of military uniforms or insignia, as embraced in Articles 177 and 179 of the Revised Penal Code, as amended, and in Republic Act No. 493. "SECTION 2. All offenses not specifically mentioned in the preceding sections shall be under the jurisdiction of the civil courts: Provided, That the President may, in the public interest, refer to military tribunal a case falling under the exclusive jurisdiction of the civil courts or a case falling under the exclusive jurisdiction of the military tribunal to a civil court. "SECTION 3. All cases not falling under Section 1 hereof in which the accused has not been arraigned as of the date of effectivity of this Order shall immediately be transferred to the appropriate civil courts. However, the case of an accused who has been arraigned may still be transferred to the civil courts under rules and regulations which the Secretary of National Defense is hereby authorized to promulgate. "SECTION 4. General Orders Nos. 49, 54 and 57, Presidential Decree No. 33-A, Presidential Memorandum to the Secretary of National Defense dated December 5, 1973 (re-military tribunal jurisdiction over violations of other general orders, presidential decrees or letters of instructions) conferring exclusive or concurrent jurisdiction over other offenses on the military tribunals, which are inconsistent with the provisions of this Order, are hereby repealed or modified accordingly. Nothing, however, in this General Order shall be construed as depriving courts-martial of their jurisdiction over offenses under the Articles of War. "SECTION 5. This Order shall take effect immediately. "Done in the City
of Manila, this 24th day of June, in the year of Our Lord, nineteen
hundred
and seventy-seven.
"[Sdg.]
FERDINAND E. MARCOS
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