Amending Presidential Decree No. 39, Defining The Jurisdiction Of The Military Tribunals
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Amending Presidential Decree No. 39, Defining The Jurisdiction Of The Military Tribunals
Presidential Decree No. 255
July 26, 1973
Case Overview and Summary
Summary of Presidential Decree No. 255Jurisdiction of Military Tribunals
- Amends Presidential Decree No. 39 regarding the jurisdiction of military tribunals.
- Confers jurisdiction to military commissions and provost courts to try military personnel for offenses under the Articles of War (Commonwealth Act No. 408).
- Military commissions have jurisdiction over offenses punishable by confinement for at least 6 years and 1 day or a fine of not less than 2,000 pesos. (Section 3)
- Provost courts have jurisdiction over offenses punishable by less than 6 years and 1 day confinement or a fine of less than 2,000 pesos. (Section 3)
- Commissioned officers shall not be tried by a Provost Court. (Section 3)
- The appointing authority can still refer cases to a court-martial or take other appropriate action under Article of War 105 or in the interest of justice, discipline, and military exigencies. (Section 3)
- Offenses covered include those committed prior to the effectivity of this Decree. (Section 3)
- Supersedes conflicting provisions in other orders, decrees, and instructions.
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Executive Issuances
Presidential Decrees
military tribunals
military commissions
provost courts
Articles of War
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confinement
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commissioned officers
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Amending Presidential Decree No. 39, Defining The Jurisdiction Of The Military Tribunals
Presidential Decree No. 255
•July 26, 1973
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 255 July 26, 1973
AMENDING PRESIDENTIAL DECREE NO. 39, DEFINING THE JURISDICTION OF THE MILITARY TRIBUNALS
WHEREAS, the rules governing the creation, composition, jurisdiction, procedure, and other matters relevant to military tribunals promulgated pursuant to Presidential Decree No. 39, dated November 7, 1972, did not confer on military commission and provosts courts the jurisdiction to try military personnel for strictly military offenses in violation of the Articles of War;
WHEREAS, in order to expedite the disposition of such offenses, it is necessary that the military commission and provosts courts referred to in the aforesaid Presidential Decree No. 39 be conferred the jurisdiction to try and dispose of the same.
NOW, THEREFORE, I, FERDINAND E. MARCOS, pursuant to Proclamation No. 1081, dated September 21, 1972, and No. 1104, dated January 17, 1973, and in my capacity as Commander-in-Chief of all Armed Forces of the Philippines, do hereby order and decree that the following portion of the rules governing the creation, composition, jurisdiction, procedure, and other matters relevant...
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