WHEREAS,
under Section 12, Article XV of the Constitution, the State shall
establish and maintain an integrated national police force whose
organization, administration, and operation shall be provided by
law; chanroblesvirtualawlibrary
WHEREAS, under and pursuant to existing laws, the various
municipal/city police and fire departments and jails have been
integrated into law-enforcement units under the operational control and
organization set-up of the Philippine Constabulary;chanroblesvirtualawlibrary
WHEREAS, in the interest of discipline and public service, it is
desirable that members of the Integrated National Police be subject to
trial by courts-martial under Commonwealth Act No. 408, as amended,
otherwise known as the "Article of War for the Armed Forces of the
Philippines," for all crimes of offenses which are heretofore
cognizable by the civil courts;chanroblesvirtualawlibrary
WHEREAS, as a complementary measure, there is a need to clarify
existing provisions of law relating to jurisdiction of courts-martial
and the Tanodbayan/Sandiganbayan and the regular civil courts over
crimes and offenses committed by members of the Armed Forces of the
Philippines.
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: chanroblesvirtualawlibrary
Section 1. Court-Martial Jurisdiction over Integrated
National Police and Members of the Armed Forces. — Any provision of law
to the contrary notwithstanding — (a) uniformed members of the
Integrated National Police who commit any crime of offense cognizable
by the civil courts shall henceforth be exclusively tried by
courts-martial pursuant to and in accordance with Commonwealth Act No.
408, as amended, otherwise known as the Articles of War; (b) all
persons subject to military law under Article 2 of the aforecited
Articles of War who commit any crime or offense shall be exclusively
tried by courts-martial or their case disposed of under the said
Articles of War; Provided, that, in either of the aforementioned
situations, the case shall be disposed of or tried by the proper civil
or judicial authorities when court-martial jurisdiction over the
offense has prescribed under Article 38 of Commonwealth Act Numbered
408, as amended, or court-martial jurisdiction over the person of the
accused military or Integrated National Police personnel can no longer
be exercised by virtue of their separation from the active service
without jurisdiction having duly attached before hand unless otherwise
provided by law. chanroblesvirtualawlibrary
As used herein, the term uniformed members of the Integrated National
Police shall refer to police officers, policemen, firemen and jail
guards.
Section 2. Segregation of Criminal Cases of Armed
Forces and Integrated National Police from Civilian Co-accused. — In
cases where there are two or more accused one or some of whom is or are
civilian(s), the case against the latter shall be segregated from
accused Armed Forces or Integrated National Police member, and filed
with the appropriate civil court for trial in accordance with existing
laws; Provided, however, that should such civilian accused waive in
writing civil court jurisdiction and submit himself to court-martial
jurisdiction, then the whole case involving members of the Armed Forces
or the Integrated National Police as well as the civilian(s) shall be
referred for trial to a court-martial. chanroblesvirtualawlibrary
Section 3. Appointing Authorities. — (a) Where
uniformed member(s) of the Integrated National Police are charged. —
The President of the Philippines and the Chief of Constabulary/Director
General, Integrated National Police are hereby empowered to appoint
general, special and summary courts-martial for the trial of uniformed
members of the Integrated National Police. The Constabulary Regional
Commanders/Directors, Integrated National Police may appoint special
and summary courts-martial, and when empowered by the President, they
may also appoint general courts-martial. Other subordinate field
commanders of the Philippine Constabulary/Integrated National Police
may appoint summary courts-martial when empowered by the President.
(b) Where military personnel and Integrated National
Police members are commonly charged. — The court-martial shall be
appointed by the appointing authorities specified in Articles 8, 9, 10
and 11 of Commonwealth Act No. 408, as amended.
Section 4. Composition of Courts-Martial. —
Membership, whether military personnel or Integrated National Police
members, in a general or special court-martial for the trial of a
member of the Integrated National Police shall be in a ratio as
determined by the appointing authority; Provided, however, that the
number of Integrated National Police personnel detailed shall not be
less than one-third of the total membership of the court. chanroblesvirtualawlibrary
Section 5. Administrative Action. — Court-martial
action against uniformed personnel of the Integrated National Police as
herein provided shall not preclude the taking of administrative action
against said personnel as may be warranted pursuant to the provisions
of existing law.
Section 6. Transitory Provisions. — All cases pending
before the civil courts against military personnel in the active
service Integrated National Forces of the Philippines or against
Integrated National Police personnel where, on the effective date of
this Decree, the accused have been arraigned, shall continue to be
tried and decided by said civil courts. All other cases against such
personnel shall be tried by courts-martial or disposed of pursuant to
this Decree. chanroblesvirtualawlibrary
Section 7. Promulgation of Rules. — The Chief of
Staff, AFP, shall formulate rules and regulations necessary to carry
out the provisions of this Decree, which shall, upon recommendation of
the Minister of National Defense, be subject to the approval of the
President.
Section 8. Appropriations. — The amount of two
million pesos (P2,000,000.00) is hereby authorized to be appropriated
out of the funds in the National Treasury not otherwise appropriated to
carry out the purpose of this Decree and, thereafter, such amounts as
may be necessary for this purpose shall be included in the annual
appropriation of the Integrated National Police.
Section 9. Repealing Clause. — All laws, rules and
regulations, or portions thereof, which are contrary to, or
inconsistent with, the provisions of this Decree, are hereby repealed
or modified accordingly.
Section 10. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 4th day of October, the year of Our Lord, nineteen hundred and
eighty-two.
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