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

Case Overview and Summary

Summary of Republic Act No. 7055

Strengthening Civilian Supremacy Over the Military
- Members of the Armed Forces of the Philippines and other persons subject to military law, including members of the citizens Armed Forces Geographical Units, shall be tried by civil courts for crimes or offenses penalized under the Revised Penal Code, other special penal laws, or local government ordinances, except when the offense is service-connected. (Section 1)
- Service-connected crimes or offenses are limited to those defined in Articles 54 to 70, Articles 72 to 92, and Articles 95 to 97 of Commonwealth Act No. 408, as amended. (Section 1)
- The President of the Philippines may order or direct at any time before arraignment that any such crimes or offenses be tried by the proper civil courts. (Section 1)
- In imposing the penalty for service-connected crimes or offenses, the court-martial may consider the penalty prescribed in the Revised Penal Code, other special laws, or local government ordinances. (Section 1)

Transfer of Cases to Civil Courts
- All cases filed or pending for filing with court-martial or other similar bodies, except those where the accused had already been arraigned, shall be transferred to the proper civil courts within thirty (30) days following the effectivity of this Act. (Section 2)
- The Chief of the Armed Forces of the Philippines may, upon petition before commencement of trial and with the written consent of the accused, order the transfer of excepted cases to the proper civil courts for trial and resolution. (Section 2)

Repealing Clause
- Presidential Decrees 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orders, executive orders, and other presidential issuances, rules and regulations inconsistent with this Act are hereby repealed or amended accordingly. (Section 3)

Effectivity
- This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in at least two (2) newspapers of general circulation. (Section 4)