"(2) No sentence of a military commission shall be executed unless the
same is approved and ordered executed by the President of the
Philippines. The recommendation of the Chief of Staff, Armed Forces of
the Philippines, as Reviewing Authority, along with the record of trial
of the case and the opinion of the Board of Review shall be forwarded to
the President of the Philippines for final action, through the
Secretary of National Defense who shall conduct a thorough and
exhaustive review of such record of trial as firm basis for the
President's dispositive action. In any case, the President shall have
the power to reverse, confirm, increase the penalty imposed, or
otherwise modify any decision of the military commission."
Sub-paragraph C, Section 5, of Presidential Decree No. 39,
dated November 7, 1972, is hereby amended to read as follows:
"c. After trial. — No sentence of a provost court shall be
executed unless the same is approved and ordered executed by the
President of the Philippines. The recommendation of the appropriate
Reviewing Authority, along with the record of trial of the case, and the
recommendation of the Chief of Staff, Armed Forces of the Philippines
with the opinion of the Board of Review, shall be forwarded to the
President of the Philippines for his final action, through the Secretary
of National Defense who shall conduct a thorough and exhaustive review
of such record of trial as firm basis for the President's dispositive
action. In any case, the President shall have the power to reverse,
confirm, increase the penalty imposed, or otherwise modify any decision
of the provost court.
All provisions of Presidential Decrees, General Orders or
Letters of Instruction or portions thereof which are inconsistent with
the provisions of this Decree are hereby repealed or modified
accordingly.
This Decree shall take effect immediately.
Sub-paragraph c(2), Section 4 of Presidential Decree No. 39
dated November 7, 1972, is hereby amended to read as follows:
Done in the City of Manila, this 18th day of October, in the year of
Our Lord, nineteen hundred and seventy-four.
(Sgd.)
FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.)
ROBERTO V. REYES
Acting Executive Secretary