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PRESIDENTIAL DECREE NO. 1822-A
PRESIDENTIAL DECREE NO. 1822-A -
AMENDING Section 1, PRESIDENTIAL DECREE NO. 1822, PROVIDING FOR TRIAL
BY COURTS-MARTIAL OF MEMBERS OF THE ARMED FORCES CHARGED WITH OFFENSES
RELATED TO THE PERFORMANCE OF THEIR DUTIES
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WHEREAS,
under P.D. No. 1822, members of the Armed Forces of the Philippines in
the active service who commit crimes in relation to their office are
considered excluded from jurisdiction of the Tanodbayan and the
Sandiganbayan even after the lifting of Martial Law; chanroblesvirtualawlibrary
WHEREAS, such officers, soldiers and personnel of the Armed Forces
including the Philippine Constabulary charged with any crime or offense
related to the performance of their duties shall be exclusively tried
and punished as a court martial may direct pursuant to the Articles of
War as provided for in said presidential decree;chanroblesvirtualawlibrary
WHEREAS, there are special cases wherein members of the Armed Forces
are jointly tried with members of the Integrated National Police or
with civilians; and
WHEREAS, to avoid the splitting of jurisdiction on such special cases
where members of the Armed Forces of the Philippines, are charged
together with defendants who do not fall within the jurisdiction of
courts martial, it becomes imperative to charge and try them jointly.
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
"Sec. 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 offense 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;
Provided, however, that in all cases or crimes wherein the respondents
or accused are the members of the Armed Forces of the Philippines in
the active service together with civilians and other non-members of the
Armed Forces, or in any other case in which the interest of justice
requires, the President of the Philippines may waive the provisions of
this Decree for the purpose of having all the respondents or defendants
investigated by the Tanodbayan and tried by the Sandiganbayan."
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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