1.
Sub-paragraph c(2), Section 4 of Presidential Decree No. 39 dated
November 7, 1972, is hereby amended to read as follows: chanroblesvirtualawlibrary
"(2) No sentence of a military commission shall be
executed unless the same is approved and ordered executed by the
President of the Philippines. The recommendation of the Chief of Staff,
Armed Forces of the Philippines, as Reviewing Authority, along with the
record of trial of the case and the opinion of the Board of Review
shall be forwarded to the President of the Philippines for final
action, through the Secretary of National Defense who shall conduct a
thorough and exhaustive review of such record of trial as firm basis
for the President's dispositive action. In any case, the President
shall have the power to reverse, confirm, increase the penalty imposed,
or otherwise modify any decision of the military commission." chanroblesvirtualawlibrary
2. Sub-paragraph C, Section 5, of Presidential Decree
No. 39, dated November 7, 1972, is hereby amended to read as follows:cralaw:red
"c. After trial. — No sentence of a provost court
shall be executed unless the same is approved and ordered executed by
the President of the Philippines. The recommendation of the appropriate
Reviewing Authority, along with the record of trial of the case, and
the recommendation of the Chief of Staff, Armed Forces of the
Philippines with the opinion of the Board of Review, shall be forwarded
to the President of the Philippines for his final action, through the
Secretary of National Defense who shall conduct a thorough and
exhaustive review of such record of trial as firm basis for the
President's dispositive action. In any case, the President shall have
the power to reverse, confirm, increase the penalty imposed, or
otherwise modify any decision of the provost court.
3. All provisions of Presidential Decrees, General
Orders or Letters of Instruction or portions thereof which are
inconsistent with the provisions of this Decree are hereby repealed or
modified accordingly.
4. This Decree shall take effect immediately.
Done in the City of Manila,
this 18th day of October, in the year of Our Lord, nineteen hundred and
seventy-four.
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