Review by Court Military Appeals.
Section 2
SEC. 2. Review by Court Military Appeals. — (a) Where Discretionary. — The action or decision of the convening 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 accused with said court within (15) days from receipt of a copy of said action or decision. Only questions of law which must be distinctly set forth may be raised. The decision of the Court of Military Appeals shall be final. (b) Where Required— (1) 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. (2) 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. (3) The Court of Military Appeals may disapprove the findings of guilty by the military or provost court, 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. (c) Sentences Based on Plea of Guilty— Except in death sentences, all sentences of military commission 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 not be subject to further review by the Court of Military Appeals and/or the Supreme Court as herein provided. (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 Supreme Court as herein 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, and any other matters considered appropriate.