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PRESIDENTIAL DECREE NO. 1199
PRESIDENTIAL DECREE NO. 1199 -
CONSOLIDATING AND REENACTING ALL DECREES REGARDING THE APPELLATE REVIEW
PROCEDURES IN MILITARY TRIBUNAL AND COURT-MARTIAL CASES AS PROVIDED IN
PRESIDENTIAL DECREE NO. 978, AS AMENDED
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WHEREAS,
Presidential Decree No. 978 was promulgated to establish a simplified
appellate review procedure for military tribunal and court-martial
cases;chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 978 was amended to Presidential Decree
No. 1165 to make said appellate review more expeditious and adequate;chanroblesvirtualawlibrary
WHEREAS, there is a need to introduce additional amendments to
Presidential Decree No. 978, particularly on the composition,
organization, procedures and other matters, pertaining to the Court of
Military Appeals;chanroblesvirtualawlibrary
WHEREAS, it is desirable that Presidential Decree No. 987 and all
amendments thereto be consolidated and re-enacted in one decree; chanroblesvirtualawlibrary
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 as part of the law of the land the following:cralaw:red
Section 1. Initial Action on Record. — (a) Review by
Staff Judge Advocate/Legal Officer or AFP Board of Review. — Every
record of trial of military commissions or provost courts shall be
forwarded to the staff judge advocate/legal officer of the convening
authority for review before the latter acts thereon, except in those
cases where the penalty imposed is —chanroblesvirtualawlibrary
(i) death;chanroblesvirtualawlibrary
(ii) confinement of more than six (6) years; or
(iii) fine of more than P6,000.00. chanroblesvirtualawlibrary
which shall be directly reviewed by the Court of Military Appeals. The
staff judge advocate/legal officer shall submit his opinion in writing
to the convening authority regarding the legal sufficiency of the
record of trial in which there has been a finding of guilty, the
appropriateness of the sentence, and any errors of law which may have
been committed injuriously affecting the substantial rights of the
accused. If the trial resulted in a finding of not guilty or acquittal
of all the charge or charges and specification or specifications, the
review shall be limited to questions of jurisdiction.
For purposes of this initial review the Judge Advocate General, AFP,
shall, as may be directed by the Chief of Staff, AFP, create in his
office as many AFP Boards of Review as he may deem proper to conduct
the review of a record of trial for the Chief of Staff, AFP, in lieu of
the review of his staff judge advocate. The Judge Advocate General,
AFP, shall prescribe uniform rules of procedure for the AFP Boards of
Review.
(b) Action by the Convening Authority. — The
convening authority may approve the findings of guilty and the sentence
or such part thereof as he finds correct in law and fact. As used in
this decree, the term "convening authority" refers to the person who
convened the court, a commissioned officer commanding for the time
being, or a successor in command.
(c) Rehearing. — Where the convening authority
disapproves the findings of guilty of the military commission or
provost court, he may order a rehearing, except where the disapproval
is based on lack of legally sufficient evidence to support the findings
and sentence. If he does not order a rehearing, he may order the
dismissal of the case. Where the military commission or provost court
had no jurisdiction over the offense or person of the accused, the
convening authority shall take the appropriate action. chanroblesvirtualawlibrary
(d) Execution of Sentence. — All sentences of
military commissions and provost courts shall be executory fifteen (15)
days after approval thereof by the convening authority, unless a
petition for review is filed pursuant to the provisions of Section 2,
paragraph (a), of this decree.
Section 2. Review by Court of Military Appeals. — (a)
Where Discretionary. — The action or decision of the convening
authority in military commission and provost court cases may be
reviewed by the Court of Military Appeals upon a petition for review
filed by the accused with said court within fifteen (15) days from
receipt of a copy of said action or decision. Only questions of law
which must be distinctly set forth may be raised. The decision of the
Court of Military Appeals shall be final.
(b) Where required. — (1) The Judge Advocate General,
AFP, shall refer directly to the Court of Military Appeals every record
of trial of a military commission or provost court in which the penalty
imposed is —chanroblesvirtualawlibrary
(i) death;chanroblesvirtualawlibrary
(ii) confinement of more than six (6) years; or
(iii) fine of more than P6,000.00
(2) The Court of Military Appeals shall determine the
appropriateness of the sentence imposed by the military commission or
provost court. In considering the records, it may weigh the evidence,
judge the credibility of witnesses, and determine controverted
questions of fact and any errors of law which may have been committed
injuriously affecting the substantial rights of the
accused. chanroblesvirtualawlibrary
(3) The Court of Military Appeals may disapprove the
findings of guilty by the military commission or provost court, and
order a rehearing, except where the disapproval is based on lack of
legally sufficient evidence to support the findings. If it does not
order a rehearing, it may dismiss the case.
(c) Sentences Based on Plea of Guilty. — Except in
death sentences, all sentences of military commissions and provost
courts based solely upon findings of guilty of a charge or charges and
a specification or specifications to which the accused pleaded guilty
shall not be subject to further review by the Court of Military Appeals
and/or the Supreme Court as herein provided.
(d) Action in Accordance with Decision of Court. —
After the Court of Military Appeals has acted on a case, the Judge
Advocate General, AFP, shall advice the convening authority to take
action in accordance with the decision of the court, unless there is
further action by the Supreme Court as herein provided.
(e) Annual Survey of Appellate Review Operations. —
The Judge Advocate General, AFP, and the Court of Military Appeals
shall meet annually to make a comprehensive survey of appellate review
operations and report to the President of the Philippines the number
and status of cases reviewed and pending and any recommendation
relating to uniformity of policies as to bail or release pending
appellate review, sentences, service of sentences, and any other
matters considered appropriate.
Section 3. The Court of Military Appeals. — (a)
Creation; Composition of Court. — There is hereby created a Court of
Military Appeals which shall consist of a Presiding Justice and eight
(8) Associate Justices to be appointed by the President of the
Philippines from individuals who are not less than forty (40) years of
age at the time of appointment and have engaged in the practice of law
in the Philippines for not less than ten (10) years, or held for a like
period an office in the Philippine Government service requiring
admission to the practice of law in the Philippines as an indispensable
requisite, or have been for a like period on active military duty as
members of the Judge Advocate General's Service, AFP. The President may
appoint to the court retired justices of the Court of Appeals and/or
Supreme Court of the Philippines.
The Presiding Justice of the court shall have precedence and preside at
any session which he attends. In the absence of the Presiding Justice,
the Associate Justice attending who is first in precedence shall
preside. In case of a vacancy in the office of Presiding Justice of the
court or of his inability, the duties and powers of his office shall
devolve upon the Associate Justice who is first in precedence, until
such inability is removed or another Presiding Justice is appointed.
The Associate Justices shall have precedence according to the dates of
their respective appointments, or, when the appointments of two or more
of them shall bear the same date, according to the order in which their
appointments have been issued by the President. chanroblesvirtualawlibrary
The Court shall sit en banc or in divisions of three (3) justices each
division. A vacancy in the court does not impair the right of the
remaining justices to exercise the powers of the court.
The court, sitting en banc, shall prescribe its own rules of procedure,
to include but not limited to the allotment of cases among the
different divisions, the regular rotation of justices among them, the
filling of vacancies therein, and other matters relating to the
business of the court.
(b) Tenure, Removal, Rank and Emoluments of Justices.
— The Presiding Justice and Associate Justices of the Court of Military
Appeals shall hold office until they reach the age of sixty-five years,
except the retired justices of the Court of Appeals and/or Supreme
Court of the Philippines who shall hold office for the period
designated in their appointments, renewable for the same period. They
may be removed by the President, upon notice and hearing, for neglect
of duty or malfeasance in office, or for mental or physical disability
rendering them incapacitated to discharge the duties of their office.
If a member of the Court of Military Appeals is temporarily unable to
perform the functions and duties of his office because of absence,
illness or other disability, the President may, upon recommendation of
the Chief Justice of the Supreme Court, detail a member of the Court of
Appeals or the Court of First Instance for the period of the
inability. chanroblesvirtualawlibrary
The Presiding Justice and Associate Justices of the Court shall have
the rank and receive the emoluments, retirement and other benefits
corresponding to those of the Presiding Justice and Associate Justices
of the Court of Appeals, respectively: Provided, however, That retired
Justices of the Supreme Court and Court of Appeals who are appointed to
the court may receive the emoluments and benefits corresponding to
their former positions in the Supreme Court or Court of Appeals or
their retirement pay, at their option, in addition to such allowances
as may be authorized by law, any provision of law to the contrary
notwithstanding: Provided, further, That said retired justices shall
not be required to reimburse or refund, by reason of their appointment
to the court, any gratuity received from the government; Provided,
furthermore, That members of the Court of Appeals or the Court of First
Instance who are detailed to the court for the period of the temporary
inability of a justice of the court may elect to receive the emoluments
and benefits of the position to which detailed or of his position in
the civilian judiciary. chanroblesvirtualawlibrary
(c) Quorum; Number of Justices Necessary to Reach a
Decision. — Five justices of the court shall constitute a quorum for
its session en banc, and three justices shall constitute a quorum for
the sessions of a division. In the absence of a quorum, the court or
the division shall stand ipso facto adjourned until such time as the
requisite number shall be present.
The affirmative vote of five justices is necessary to pass a resolution
of the court en banc. The unanimous vote of the three justices of a
division shall be necessary for the pronouncement of a judgment;
regardless of the nature of the penalty to be imposed. In the event
that the three justices of a division do not reach a unanimous vote,
the Presiding Justice shall designate two justices from among the other
members of the court to sit temporarily with them, forming a special
division of five justices, and the concurrence of a majority of the
members of such division shall be necessary for the pronouncement of a
judgment.
All the cases of the Court of Military Appeals shall be allotted among
the different divisions thereof for decision.
Decisions of the Court of Military Appeals shall contain findings of
fact on issues properly raised before it.
(d) Appointment of Clerk of Court, Deputy Clerk of
Court and Other Officers and Employees; Compensation. — The Presiding
Justice shall appoint a Clerk of Court who shall exercise the same
powers and perform the same duties in regard to all matters within the
court's jurisdiction as are exercised and performed by the Clerk of
Court of the Court of Appeals of the Philippines. In the exercise of
such powers and in the performance of such duties the Clerk of Court
shall be under the direction of the court. No person may be appointed
Clerk of Court unless he has been engaged for five years in the
practice of law in the Philippines. He shall receive an annual
compensation corresponding to that of the Clerk of Court of the Court
of Appeals of the Philippines.
The Presiding Justice may appoint a Deputy Clerk of Court, who shall
have the same qualifications as those of the Clerk of Court, with an
annual compensation corresponding to that of the First Deputy Clerk of
Court of the Court of Appeals of the Philippines, and other officers
and employees in such number and with such compensation as may be
authorized by law. chanroblesvirtualawlibrary
(e) Place of Holding Sessions. — The Court of
Military Appeals shall hold its sessions in the City of Quezon.
Whenever the public interest so requires, the court or any division
thereof may hold its sessions in any other place within the Philippines.
Section 4. Review of Records of Trial by General
Courts-Martial. — The Court of Military Appeals herein created shall
review every record of trial by general courts-martial where the
sentence, as approved by the convening authority and an AFP Board of
Review, requires confirmation by the President of the Philippines as
provided in Article of War 47. With respect to such cases, the decision
of the Court of Military Appeals approving, or disapproving, without
rehearing being ordered, the findings, conclusion or sentence of the
general courts-martial shall be final and immediately executory:
Provided, that where the sentence of a general courts-martial imposes
the penalty of death or affects a general or flag officer, the sentence
shall not be executed unless approved or confirmed by the President of
the Philippines: Provided, further, that in such cases, the President
may reverse, confirm, increase the penalty imposed, or otherwise
modify, the decision of the court-martial.
Section 5. Review by the Supreme Court. — The accused
may file with the Supreme Court a petition for review on certiorari of
a decision of the Court of Military Appeals referred to in Section 2,
paragraph (b) hereof. Such review shall be limited to questions of law
which shall be distinctly set forth in the petition and shall be
governed by Rule 45 of the Revised Rules of Court prescribing the
procedure for appeal from the Court of Appeals to the Supreme Court:
Provided, that where the original offense charged is punishable with
death or life imprisonment, the review may be on questions of law and
fact: Provided, further, that where the sentence imposed is death, the
records of the case shall be forwarded to the Supreme Court for review
and judgment, whether the accused shall have appealed or not, and
affirmance must be on ten (10) affirmative votes.
Section 6. Applicability of the Indeterminate
Sentence Law and Other Laws. — In determining the appropriateness of
the sentence, the reviewing authorities in a proper case shall apply
the provisions of Act No. 4103, as amended, and the pertinent
provisions of the Revised Penal Code, as amended, and other laws,
decrees and general orders. chanroblesvirtualawlibrary
Section 7. Appropriations. — There is hereby
appropriated out of any funds in the National Treasury not otherwise
appropriated the amount of three million pesos for the first year of
operation of the Court of Military Appeals. Appropriations for the
Court of Military Appeals for succeeding years shall be embodied in the
annual appropriations act.
Section 8. Repealing Clause. — Presidential Decree
No. 978, Presidential Decree No. 1042, and Presidential Decree No. 1165
are hereby repealed. All provisions of Presidential Decrees, General
Orders, Letters of Instructions, the Articles of War and other laws or
portions thereof, which are inconsistent with the provisions of this
decree are hereby repealed and/or modified accordingly.
Section 9. Transitory Provisions. — Pending the
organization of the Court of Military Appeals and the formulations of
its rules of procedure, all records of cases tried by military
tribunals and general court-martial which are required to be reviewed
by the Court of Military Appeals under Sections 2(b) and 4 or which may
be reviewed by the Supreme Court under Section 5 of this Decree shall
instead be reviewed by the Secretary of National Defense and by the
President of the Philippines, whose action thereon shall be final.
Thereafter, all records of such cases shall be reviewed in accordance
with this Decree.
Section 10. Effectivity. — This Decree shall take
effect immediately.
DONE in the City of Manila,
this 21st day of September, in the year of Our Lord, nineteen hundred
and seventy-seven.
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