SEC. 2. Review by Court of Military Appeals.— (a) Where Required.—The Judge Advocate General, AFP, shall refer to the Court of Military Appeals every record of trial by military commission or provost court in which the sentence as approved, or disapproved without a rehearing being ordered, by the convening authority—
(i) extends to death;
(ii) affects a general or flag officer of the Armed Forces of the Philippines;
(iii) involves dismissal of a commissioned officer of the Armed Forces of the Philippines;
(iv) confinement of more than six (6) years;
(v) five of more than P6,000.00; and
(vi) those affecting any civilian person;
Provided, however, That, except in death sentences, all sentences of military commissions and provost courts based solely upon findings of guilty of a charge or charges and a specification or specifications to which the accused pleaded guilty shall, upon approval thereof by the convening authority, not be subject to further review by the Court of Military Appeals as herein provided.
The Judge Advocate General, AFP, shall likewise refer to the Court of Military Appeals for review every record of trial by military commission or provost court—
in which the sentence as disapproved, without a rehearing being ordered, by the convening authority— (i) involves suspension or dismissal of a cadet, flying cadet or midshipman of the Armed Forces of the Philippines;
(ii) involves dismissal of a probationary second lieutenant of the Armed Forces of the Philippines;
(iii) extends to dishonorable discharge or bad conduct discharge;
(iv) extends to confinement of more than one (1) year; and
(v) involves fine of more than P1,000.00;
upon petition of the accused within thirty (30) days from the date he is notified by the Judge Advocate General, AFP, of the promulgation of the military commission or provost court order. (b) Scope of Court's Review—The Court of Military Appeals may act only with respect to the findings of guilty by the military commission or provost court as approved or disapproved by the convening authority. It shall determine the appropriateness of the sentence imposed by the military commission or provost court as approved or disapproved by the convening authority. In considering the records, it may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact and any errors of law which may have been committed injuriously affecting the substantial rights of the accused.
(c) Rehearing—The Court of Military Appeals may disapprove the findings of guilty by the military commission or provost court, as approved or disapproved by the convening authority, and order a rehearing, except where the disapproval is based on lack of legally sufficient evidence to support the findings. If it does not order a rehearing, it may dismiss the case.
(d) Action in Accordance with Decision of Court—After the Court of Military Appeals has acted on a case, the Judge Advocate General, AFP, shall advise the convening authority to take action in accordance with the decision of the court, unless there is further action by the President of the Philippines as herein below provided.
(e) Annual Survey of Appellate Review Operations—The Judge Advocate General, AFP, and the Court of Military Appeals shall meet annually to make a comprehensive survey of appellate review operations and report to the President of the Philippines the number and status of cases reviewed and pending and any recommendation relating to uniformity of policies as to bail or release pending appellate review, sentences, service of sentences, and any other matters considered appropriate.
(f) Creation—Composition of Court—There is hereby created a Court of Military Appeals which shall consist of a Presiding Justice and at least four (4) Associate Justices to be appointed by the President of the Philippines from retired justices of the Court of Appeals or Supreme Court of the Philippines and/or individuals not less than forty (40) years old and who have practiced law for not less than ten (10) years at the time of appointment or have held during a like period an office in the Philippine government service requiring admission to the practice of law in the Philippines as an indispensable requisite. The President shall designate from time to time one of the justices to act as Presiding Justice. The court shall prescribe its own rules of procedure and determine the number of justices to constitute a quorum, provided, however, that the affirmative vote of at least five (5) of the justices is required to sustain a death sentence.
(g) Tenure, Removal, Rank and Emoluments of Justices —The justices of the Court of Military Appeals shall hold office until they reach the age of sixty-five years, except the retired justices of the Court of Appeals and/or Supreme Court of the Philippines who are appointed therein, who shall hold office for the period designated in their appointments, renewable for the same period. They may be removed by the President, upon notice and hearing, only for neglect of duty or malfeasance in office, or for mental or physical disability rendering them incapacitated to discharge the duties of their office. If a justice is temporarily unable to perform the functions and duties of his office because of illness or other physical disability, the President may, upon recommendation of the Chief Justice of the Supreme Court, detail a member of the civilian judiciary or appoint a member of the Philippine Bar who possesses the qualifications mentioned in subparagraph (f) of this section to fill the office for the period of the disability. The Presiding Justice and associate justices of the court shall have the rank and receive the emoluments, retirement and other benefits corresponding to those of the Presiding Justice and Associate Justice of the Court of Appeals, respectively: Provided, however, That retired justices of the Supreme Court and Court of Appeals who are appointed to the court may, at their option, receive the emoluments and benefits corresponding to their former positions in the Supreme Court or Court of Appeals or their retirement pay: Provided, further, That members of the civilian judiciary who are detailed to the court to fill any vacancy therein caused by the temporary disability of a justice may elect to receive the emoluments and benefits of a justice of the court or of his position in the civilian judiciary.
