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

Case Overview and Summary

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)