Preamble
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: