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Act No. 7055 AN ACT STRENGTHENING
CIVILIAN SUPREMACY OVER THE MILITARY BY RETURNING TO THE CIVIL COURTSTHE JURISDICTION OVER
CERTAIN OFFENSES INVOLVING MEMBERS OF THE ARMED FORCES OF THE
PHILIPPINES,OTHER PERSONS SUBJECT
TO MILITARY LAW, AND THE MEMBERS OF THE PHILIPPINE NATIONAL OFFICE,REPEALING FOR THE PURPOSE
CERTAIN PRESIDENTIAL DECREES
REPUBLIC
ACT
NO. 7055 AN ACT
STRENGTHENING
CIVILIAN SUPREMACY OVER THE MILITARY BY RETURNING TO THE CIVIL COURTS
THE
JURISDICTION OVER CERTAIN OFFENSES INVOLVING MEMBERS OF THE ARMED
FORCES
OF THE PHILIPPINES, OTHER PERSONS SUBJECT TO MILITARY LAW, AND THE
MEMBERS
OF THE PHILIPPINE NATIONAL OFFICE, REPEALING FOR THE PURPOSE CERTAIN
PRESIDENTIAL
DECREES
Be it enacted by the Senate
and House of Representatives of the Philippines in Congress assembled:
Section
1. Members of the Armed forces of the Philippines and other persons
subject
to military law, including members of the Citizens Armed Forces
Geographical
Units, who commit crimes or offenses penalized under the Revised Penal
Code, other special penal laws, or local government ordinances,
regardless,
of whether or not civilians are co-accused, victims, or offended
parties
which may be natural or juridical persons, shall be tried by the proper
civil court, except when the offense, as determined before arraignment
by the civil court, is
service-connected,
in which case the offense shall be tried by court-martial: Provided,
That
the President of the Philippines may, in the interest ofjustice, order
or direct at any time before arraignment that any such crimes or
offenses
be tried by the proper civil courts.
As used
in this Section, service-connected crimes or offenses shall be limited
to those defined in Articles 54 to 70, Articles 70 to 92, and Articles
95 to 97 of Commonwealth Act No, 408, as amended.
In imposing
the penalty for such crimes or offenses, the court-martial may take
into
consideration the penalty prescribed therefor in the Revised Penal
Code,
other special penal laws, or local government ordinances.
Sec. 2.
Subject to the provisions of Section 1 hereof, all cases filed or
pending
for filing with court-martial or other similar bodies, except those
where
the accused had already been arraigned, shall, within thirty (30) days
following the effectivity of this Act, be transferred to the proper
civil
courts: Provided, That the Chief of the Armed Forces of the Philippines
shall, upon petition before commencement of trial and with written
consent
of the accused, order the transfer of such excepted case or cases to
the
proper civil courts for trial and resolution.
Sec.
3. Presidential Decree Nos. 1822, 1822-A, 1850 and 1952, and all acts,
general orders, executive orders, and other presidential issuances,
rules
and regulations inconsistent with this Act are hereby repealed or
amended
accordingly.
Sec. 4.
This Act shall take effect fifteen (15) days following its publication
in the Official Gazette orin at least two (2) newspapers of general
circulation.
Approved:
(SGD.) RAMON V. MITRA (SGD.)
JOVITO SALONGA
Speaker of the
House
President of the Senate
of Representatives
This bill
which is a consolidation of Senate Bill No. 1468 and House Bill No.
31130,
was finally passed by The Senate and the House of Representatives on
May
9, 1991 and April 30, 1991, respectively.
(SGD.) CAMILO L.
SABIO
(SGD.) EDWIN P. ACOBA
Secretary
General
Secretary of Senate
House of Representatives
Approved: June 20, 1991
(SGD.)
CORAZON C. AQUINO
President
of the Philippines
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