Further Amending The Appellate Review Procedure In Military Tribunal And General Court-Martial Cases As Provided In Presidential Decree No. 978

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1165

FURTHER AMENDING THE APPELLATE REVIEW PROCEDURE IN MILITARY TRIBUNAL AND GENERAL COURT-MARTIAL CASES AS PROVIDED IN PRESIDENTIAL DECREE NO. 978

WHEREAS, the appellate review of cases heard and tried by military tribunals, created pursuant to General Order No. 8, dated September 27, 1972, and Presidential Decree No. 39, and general courts-martial, as provided in Presidential Decree No. 978, as amended by Presidential Decree No. 1042, may still be expedited and made more adequate;

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 amendments to Presidential Decree No. 978:

Section 1. Paragraphs (a), (c) and (d) of Section 1 of Presidential Decree No. 978 are hereby amended to read as follows:

Section 1. Initial Action on Record. (a) Review by Staff Judge Advocate/Legal Officer or AFP Board of Review Every record of trial of...

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Summary of Presidential Decree No. 1165

Amending the Appellate Review Procedure in Military Tribunal and General Court-Martial Cases

- Initial Action on Record of Trial (Section 1)
• Review by Staff Judge Advocate/Legal Officer or AFP Board of Review for cases with penalties not exceeding:
    (i) 6 years confinement, or
    (ii) P6,000 fine (Section 1a)
• Cases with penalties exceeding the above limits are directly reviewed by the Court of Military Appeals (Section 1a)
• Convening authority may order rehearing or dismissal based on review (Section 1c)
• Sentences are executory 15 days after convening authority's approval, unless petition for review is filed (Section 1d)

- Review by Court of Military Appeals (Section 2)
• Accused may petition for review within 15 days on questions of law (Section 2a)
• Mandatory review by Court for cases with penalties of:
    (i) Death
    (ii) More than 6 years confinement
    (iii) More than P6,000 fine (Section 2b)
• Court may weigh evidence, judge credibility, and determine errors of law (Section 2c)
• Court may disapprove findings, order rehearing, or dismiss case (Section 2c)
• Guilty pleas not subject to further review, except death sentences (Section 2c)
• Convening authority to act per Court's decision, unless Supreme Court review (Section 2d)

- Review of General Court-Martial Records (Section 3)
• Court of Military Appeals reviews general court-martial records requiring Presidential confirmation (Section 3)
• Death sentences or those affecting general/flag officers require Presidential approval (Section 3)
• President may reverse, confirm, increase penalty, or modify decision (Section 3)

- Review by the Supreme Court (Section 4)
• Accused may petition for certiorari review on questions of law (Section 4)
• Review may include questions of fact for non-capital offenses (Section 4)
• Mandatory review by Supreme Court for death sentences, requiring 10 affirmative votes (Section 4)