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. 255

Jurisdiction 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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Presidential Decrees

military tribunals

military commissions

provost courts

Articles of War

jurisdiction

offenses

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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Amending Presidential Decree No. 39, Defining The Jurisdiction Of The Military Tribunals

Amends

n/a

Amended by

n/a

Tags

Executive Issuances

Presidential Decrees

military tribunals

military commissions

provost courts

Articles of War

jurisdiction

offenses

confinement

fines

commissioned officers

court-martial

discipline

military exigencies

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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Amending Presidential Decree No. 39, Defining The Jurisdiction Of The Military Tribunals