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

Case Overview and Summary

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)