Presidential Decree No. 1822 (PD 1822) — Providing for the Trial by Courts-Martial of Members of the Armed Forces Charged with Offenses Related to the Performance of Their Duties.
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. 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;
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issuances inconsistent herewith are hereby repealed.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
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
