Jurisdiction of Military Tribunals
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Jurisdiction of Military Tribunals
General Order No. 12
September 30, 1972
Case Overview and Summary
Summary of General Order No. 12Jurisdiction of Military Tribunals:
- Crimes against national security and laws of nations (Section 1)
- Violations of Anti-Subversion Law (Section 2)
- Violations of Law on Espionage (Section 3)
- Violations of Hijacking Law (Section 4)
- Crimes against fundamental laws of the State by military personnel (Section 5)
- Certain crimes against public order under Revised Penal Code (Section 6):
- Rebellion or insurrection (Art. 134)
- Conspiracy and proposal to commit rebellion or insurrection (Art. 136)
- Disloyalty of public officers or employees (Art. 137)
- Inciting rebellion or insurrection (Art. 138)
- Sedition (Art. 139)
- Conspiracy to commit sedition (Art. 141)
- Inciting sedition (Art. 142)
- Illegal assemblies (Art. 146)
- Illegal associations (Art. 147)
- Crimes committed in furtherance of insurrection or rebellion (Section 7)
- Violations of Law on Firearms and Explosives (Section 8)
- Usurpation of authority, rank, title, and improper use of names, uniforms and insignia (Section 9)
- Certain crimes by public officers under Revised Penal Code with concurrent jurisdiction for civilians (Section 10)
- Violations of Anti-Graft and Corrupt Practices Law with concurrent jurisdiction for civilians (Section 11)
- Violations of Dangerous Drugs Act of 1972 with concurrent jurisdiction for civilians (Section 12)
- Violations of decrees, orders and regulations issued by the President (Section 13)
- Crimes by military personnel related to enforcement of martial law (Section 14)
Concurrent Jurisdiction:
- For crimes under Sections 10, 11 and 12, the court or tribunal that first assumes jurisdiction shall exercise it exclusively (Section after 12)
Transitory Provisions:
- Pending cases in civil courts to be tried there, except subversion, sedition, insurrection or rebellion cases to be transferred to military tribunals (Section 1)
- Cases filed before Sept. 12, 1972 to be investigated by prosecutors or judges, except subversion, sedition, insurrection or rebellion cases to be forwarded to military tribunals (Section 2)
- Cases within exclusive military jurisdiction filed after Sept. 22, 1972 to be investigated by prosecutors or judges, but information to be filed with military tribunals (Section 3)
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Executive Issuances
General Orders
martial law
military tribunals
crimes against national security
anti-subversion law
espionage law
hijacking law
rebellion
insurrection
sedition
illegal assemblies
illegal associations
firearms and explosives
usurpation of authority
crimes by public officers
anti-graft and corrupt practices law
dangerous drugs act
violations of decrees and orders
crimes by armed forces personnel
Law
Jurisdiction of Military Tribunals
General Order No. 12
•September 30, 1972
GENERAL ORDER No. 12
WHEREAS, martial law has been declared under Proclamation No.1081 dated September 21, 1972 and is now in effect throughout the land;
WHEREAS, martial law having been declared because of wanton destruction of lives and property, widespread lawlessness and anarchy, and chaos and disorder now prevailing throughout the country, which condition has been brought about by groups of men who are actively engaged in a criminal conspiracy to seize political and state power in the Philippines in order to take over the Government by force and violence, the extent of which has now assumed the proportion of an actual war against our people and their legitimate Government, and;
WHEREAS, pursuant to General Order No.13, dated September 22, 1972 issued under Proclamation No.1081 dated September 21, 1972, I have ordered that certain criminal cases shall not be heard and decided by civil courts;
NOW, THEREFORE, I, Ferdinand E. Marcos, Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No.1081 dated September 21, 1972, do hereby order that the military...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
General Orders
martial law
military tribunals
crimes against national security
anti-subversion law
espionage law
hijacking law
rebellion
insurrection
sedition
illegal assemblies
illegal associations
firearms and explosives
usurpation of authority
crimes by public officers
anti-graft and corrupt practices law
dangerous drugs act
violations of decrees and orders
crimes by armed forces personnel
GENERAL ORDER No. 12
WHEREAS, martial law has been declared under Proclamation No.1081 dated September 21, 1972 and is now in effect throughout the land;
WHEREAS, martial law having been declared because of wanton destruction of lives and property, widespread lawlessness and anarchy, and chaos and disorder now prevailing throughout the country, which condition has been brought about by groups of men who are actively engaged in a criminal conspiracy to seize political and state power in the Philippines in order to take over the Government by force and violence, the extent of which has now assumed the proportion of an actual war against our people and their legitimate Government, and;
WHEREAS, pursuant to General Order No.13, dated September 22, 1972 issued under Proclamation No.1081 dated September 21, 1972, I have ordered that certain criminal cases shall not be heard and decided by civil courts;
NOW, THEREFORE, I, Ferdinand E. Marcos, Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No.1081 dated September 21, 1972, do hereby order that the military...
Login to see full content