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PD 1165 Section 2

PD 1165 Section 2

Section 2

SEC. 2. Review by Court of Military Appeals.-(a) Where discretionary.-The action or discretion of the covening authority in military commission and provost court cases may be reviewed by the Court of Military Appeals upon a petition for review filed by the accussed with said court within fifteen (15) days from receipt of a copy of said action or decision. Only questions of law which must be disticntly set forth may be raised. The decision of the Court of Military Appeals shall be final. (b) Where Required.-The Judge Advocate General, AFP shall refer directly to the Court of Military Appeals every record of trial of a military commission or provost court in which the penalty imposed is- (i) death (ii) confinement of more than six (6) years; or (iii) fine of more than P6,000.00. (c) The Court of Military Appeals shall determine the appropriateness of the sentence imposed by the military commission or provost court. 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. (d) The Court of Military Appeals may disapprove the findings of guilty by the military commission or provost court, and order 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. (e) 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 peaded guilty shall not be subject to further review by the Court of Military Appeals and/or the Supreme Court as herein provided. (f) 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 covening authority to take action in accordance with the decision of the Court, unless there is further action by the Supreme Court as herein provided.

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Other provisions in PD 1165

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of July 4, 2026

CitationPD 1165 Section 2 (LawPlayer, data as of July 4, 2026)

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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