Further Amending Presidential Decree No. 39, As Amended
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Further Amending Presidential Decree No. 39, As Amended
Presidential Decree No. 884
February 3, 1976
Case Overview and Summary
Jurisdiction of Military Tribunals- Military Commission (Section 1(a)):
- Cases involving offenses with punishment of at least 6 years and 1 day confinement or fine of at least P2,000.00
- Commissioned officers on active duty in the Armed Forces shall be tried only by a Military Commission (Section 1(c))
- Provost Court (Section 1(b)):
- Cases with punishment of up to 6 years confinement or fine less than P2,000.00
- Illegal possession of firearms or explosives (violation of laws on firearms and explosives as defined in the Revised Administrative Code, as amended, and General Orders No. 6 and 7, as amended, in relation to Presidential Decree No. 9)
- Offenses committed with illegally possessed firearms or explosives, provided the penalty is within the Provost Court's jurisdiction
- Cases of illegal possession of firearms or explosives pending before Military Commissions shall be tried and decided by the same Military Commission (Section 2)
- The decree takes effect immediately (Section 3)
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Further Amending Presidential Decree No. 39, As Amended
Presidential Decree No. 884
•February 3, 1976
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 884 February 3, 1976
FURTHER AMENDING PRESIDENTIAL DECREE NO. 39, AS AMENDED
Section 1. Paragraph 3 of the Rules governing Military Tribunals as promulgated by Presidential Decree No. 39 is hereby amended to read as follows:
"3. Jurisdiction.
(a) Military Commission. All cases involving offenses where the range of punishment that may be imposed is confinement for at least six (6) years and one (1) day, or a fine of not less than two thousand pesos (P2,000.00) shall be referred to a Military Commission.
(b) Provost Court. The following cases shall be referred to a Provost Court:
1. Where the range of punishment for the offense charged is confinement of not more than six (6) years or a fine of less than two thousand pesos (P2,000.00)
2. Illegal possession of firearms or explosives (violation of the laws on firearms and explosives as defined and penalized in the Revised Administration Code, as amended, and General Orders Numbered 6 and 7, as amended, in relation to Presidential Decree...
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