SUPERVISORY
CIRCULAR NO. 18 [1977]
TO: THE
COURT OF APPEALS, COURTS OF FIRST INSTANCE, CIRCUIT CRIMINAL COURTS,
JUVENILE
AND DOMESTIC RELATIONS COURTS AND CITY AND MUNICIPAL COURTS.
For your information
and guidance, We are quoting hereunder the complete text of General
Order
No. 59 of the President of the Philippines dated June 24, 1977 entitled
"FURTHER LIMITING THE JURISDICTION OF MILITARY TRIBUNALS."
"MALACAÑANG
PALACEManila"GENERAL
ORDER NO. 59
"FURTHER LIMITING
THE JURISDICTION OF MILITARY TRIBUNALS
"WHEREAS, upon the
proclamation of martial law on September 21, 1972, certain types of
criminal
cases were placed under the cognizance of military tribunals;
"WHEREAS, it is necessary
that the military authorities should be able to better concentrate
their
efforts and attention on their primary functions;
"WHEREAS, it is believed
now appropriate to limit the jurisdiction of military tribunals to
certain
types of criminal cases.cralaw:red
"NOW, THEREFORE,
I, FERDINAND E. MARCOS, President to the Philippines, by virtue of the
powers in me vested by the Constitution, do hereby decree the following
as part of the law of the land:chanroblesvirtuallawlibrary
"SECTION 1. The military
tribunals created under General Order No. 8 dated September 27, 1972,
shall
exercise jurisdiction over the following cases:chanroblesvirtuallawlibrary
"a. All
offenses
committed by military personnel of the Armed Forces of the Philippines
while in the performance of their official duty or which arose out of
any
act or omission done in the performance of their official duty:
Provided:
that for the purpose of determining whether an offense was committed
while
in the performance of official duty or whether it arose out of an act
or
omission done in the performance of official duty a certificate issued
by the Secretary of National Defense to that effect shall be conclusive
unless modified or revoked by the President: Provided, further, that
whenever
in any of the foregoing offenses, there are two or more accused at
least
one of whom is a military personnel, military tribunals shall have
jurisdiction
over the offense.
"b. Crimes
against
national security and the law of nations as defined and penalized in
Title
I, Book II of the Revised Penal Code.cralaw:red
"c.
Violations of
the Anti-Subversion Law as defined and penalized in Republic Act No.
1700,
or Presidential Decree No. 885, as the case may be.cralaw:red
"d.
Espionage (Commonwealth
Act No. 616).cralaw:red
"e. Crimes
against
public order as defined and penalized under the Revised Penal Code, as
amended, namely:chanroblesvirtuallawlibrary
"(1)
Rebellion
or insurrection (Art. 134);
"(2)
Conspiracy
and proposal to commit rebellion or insurrection (Art. 136);
"(3)
Disloyalty
of public officers or employees (Art. 137);
"(4) Inciting
to
rebellion or insurrection (Art. 137);
"(5) Sedition
(Art.
139);
"(6)
Conspiracy
to commit sedition (Art. 141);
"(7) Inciting
to
sedition (Art. 142);
"(8) Illegal
assemblies
(Art. 146);
"(9) Illegal
associations
(Art. 147).
"f. Crimes as
defined
and penalized under Presidential Decree No. 33 such as printing,
possession,
distribution and circularization of certain leaflets, handbills and
propaganda
materials, and the inscribing or designing of graffiti.
"g.
Violations of
the laws on firearms and explosives found in the Revised Administrative
Code, as amended, and General Orders Nos. 7 and 7, as amended, in
relation
to Presidential Decree No. 9, including crimes committed with the use
of
illegally possessed firearms and explosives.cralaw:red
"h.
Usurpation of
military authority, rank, title and/or illegal manufacture, sale and/or
use of military uniforms or insignia, as embraced in Articles 177 and
179
of the Revised Penal Code, as amended, and in Republic Act No. 493.cralaw:red
"SECTION 2. All offenses
not specifically mentioned in the preceding sections shall be under the
jurisdiction of the civil courts: Provided, That the President
may,
in the public interest, refer to military tribunal a case falling under
the exclusive jurisdiction of the civil courts or a case falling under
the exclusive jurisdiction of the military tribunal to a civil court.cralaw:red
"SECTION 3. All cases
not falling under Section 1 hereof in which the accused has not been
arraigned
as of the date of effectivity of this Order shall immediately be
transferred
to the appropriate civil courts. However, the case of an accused who
has
been arraigned may still be transferred to the civil courts under rules
and regulations which the Secretary of National Defense is hereby
authorized
to promulgate.cralaw:red
"SECTION 4. General
Orders Nos. 49, 54 and 57, Presidential Decree No. 33-A, Presidential
Memorandum
to the Secretary of National Defense dated December 5, 1973
(re-military
tribunal jurisdiction over violations of other general orders,
presidential
decrees or letters of instructions) conferring exclusive or concurrent
jurisdiction over other offenses on the military tribunals, which are
inconsistent
with the provisions of this Order, are hereby repealed or modified
accordingly.
Nothing, however, in this General Order shall be construed as depriving
courts-martial of their jurisdiction over offenses under the Articles
of
War.cralaw:red
"SECTION 5. This
Order shall take effect immediately.cralaw:red
"Done in the City
of Manila, this 24th day of June, in the year of Our Lord, nineteen
hundred
and seventy-seven.
"[Sdg.]
FERDINAND E. MARCOS
Manila,
October 17,
1977.
[Sgd.]
RICARDO
C. PUNOActing
Judicial Consultant
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