PROVIDING FOR THE TRIAL BY COURTS-MARTIAL OF MEMBERS OF THE ARMED FORCES CHARGED WITH OFFENSES RELATED TO THE PERFORMANCE OF THEIR DUTIES.

• Number: Presidential Decree No. 1822
• Sections: 3

Preamble

WHEREAS, under P.D. No. 1606, members of the armed forces in

the active service who commit crimes in relation to their office do not fall

within the jurisdiction of the Tanodbayan and the Sandiganbayan during the

period of martial law;

WHEREAS, under the Articles of War, not all offenses

committed by persons subject to military law in relation to the performance of

their duties are triable by courts-martial;

WHEREAS, it is sound and wise policy long recognized in

civilized countries that members of the armed forces charged with offenses

related to the performance of their duties have the right to demand trial by

courts-martial composed of their own peers;

WHEREAS, there is a need to clarify existing provisions of

law relating to the jurisdiction of courts-martial created under the Articles of

War in order to vest exclusive jurisdiction in said court-martial over all

crimes and offenses committed by members of the Armed Forces in relation to the

performance of their duties;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution, do hereby

decree and order:

Section 1

SECTION 1. Any provision of existing law to the contrary

notwithstanding, all officers, soldiers and personnel in the active service of

the Armed Forces of the Philippines, or of the Philippine Constabulary, charged

with any crime or offense related to the performance of their duties shall

exclusively be tried and punished as a court-martial may direct pursuant to the

Articles of War;

Section 2

SEC. 2. The provisions of Commonwealth Act No. 403,

Presidential Decree No. 1606, General Order No. 69 and all other laws and

issuances inconsistent herewith are hereby repealed.

This decree shall take effect immediately.

Done in the City of Manila, this 16th day of January, in the year of Our

Lord, nineteen hundred and eighty-one.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JOAQUIN T. VENUS, JR.

Deputy Presidential Executive

Assistant

Vol. 25, Vital Documents, Presidential Decree 1980-1981