Consolidating And Reenacting All Decrees Regarding The Appellate Review Procedures In Military Tribunal And Court-Martial Cases As Provided In Presidential Decree No. 978, As Amended

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1199

CONSOLIDATING AND REENACTING ALL DECREES REGARDING THE APPELLATE REVIEW PROCEDURES IN MILITARY TRIBUNAL AND COURT-MARTIAL CASES AS PROVIDED IN PRESIDENTIAL DECREE NO. 978, AS AMENDED

WHEREAS, Presidential Decree No. 978 was promulgated to establish a simplified appellate review procedure for military tribunal and court-martial cases;

WHEREAS, Presidential Decree No. 978 was amended to Presidential Decree No. 1165 to make said appellate review more expeditious and adequate;

WHEREAS, there is a need to introduce additional amendments to Presidential Decree No. 978, particularly on the composition, organization, procedures and other matters, pertaining to the Court of Military Appeals;

WHEREAS, it is desirable that Presidential Decree No. 987 and all amendments thereto be consolidated and re-enacted in one decree;

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 as part of the law of the land the following:

Section 1. Initial Action on Record.

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Summary of Presidential Decree No. 1199

Initial Action on Record:
- Review by Staff Judge Advocate/Legal Officer or AFP Board of Review for cases not involving death penalty, confinement over 6 years, or fine over P6,000 (Section 1a)
- Convening authority may approve findings and sentence (Section 1b)
- Convening authority may order rehearing or dismissal (Section 1c)
- Sentences executory 15 days after approval unless petition for review filed (Section 1d)

Review by Court of Military Appeals:
- Accused may petition for review within 15 days on questions of law (Section 2a)
- Mandatory review for death penalty, confinement over 6 years, or fine over P6,000 (Section 2b)
- Court may weigh evidence, judge credibility, and determine errors of law (Section 2b)
- Sentences based solely on guilty plea not subject to further review except death sentences (Section 2b)
- Annual survey of appellate review operations (Section 2d)

The Court of Military Appeals:
- Composition of 1 Presiding Justice and 8 Associate Justices appointed by the President (Section 3a)
- Qualifications: at least 40 years old, 10 years legal practice or government service (Section 3a)
- Retired justices of Court of Appeals/Supreme Court may be appointed (Section 3a)
- Tenure until age 65, except for retired justices (Section 3b)
- Rank and emoluments equivalent to Court of Appeals justices (Section 3b)
- Quorum of 5 for en banc, 3 for division; unanimous vote for division judgment (Section 3c)
- Clerk of Court and other officers appointed by Presiding Justice (Section 3d)
- Sessions held in Quezon City, may be held elsewhere if required (Section 3e)

Review of General Courts-Martial Records:
- Court of Military Appeals reviews records requiring Presidential confirmation (Section 4)
- President may modify death sentences or sentences affecting general/flag officers (Section 4)

Review by the Supreme Court:
- Accused may petition for certiorari review on questions of law (Section 5)
- For offenses punishable by death/life, review may be on law and fact (Section 5)
- Mandatory review by Supreme Court for death sentences (Section 5)

Other Provisions:
- Application of Indeterminate Sentence Law, Revised Penal Code, and other laws (Section 6)
- Appropriation of 3 million pesos for first year of operation (Section 7)
- Repealing previous decrees on appellate review procedures (Section 8)
- Transitory provisions for pending cases before Court organization (Section 9)
- Immediate effectivity (Section 10)