Initial Action on Record.
Section 1
SECTION 1. Initial Action on Record.—(a) Review by Staff Judge Advocate/Legal Officer or AFP Board of Review.—Every record of trial by military commission or provost court shall be forwarded to the staff judge advocate/legal officer of the convening authority for review before the latter acts thereon. The staff judge advocate/ legal officer shall submit his opinion in writing to the convening authority regarding the legal sufficiency of the record of trial in which there has been a finding of guilty, the appropriateness of the sentence, and any errors of law which may have been committed injuriously affecting the substantial rights of the accused. If the trial resulted in a finding of not guilty or acquittal of all the charge or charges and specification or specifications, the review shall be limited to questions of jurisdiction. For purposes of this initial review, the Judge Advocate General, AFP shall, as may be directed by the Chief of Staff, AFP, create in his office as many AFP Boards of Review as he may deem proper to conduct the review of a record of trial for the Chief of Staff, AFP, in lieu of the review of his staff judge advocate. The Judge Advocate General, AFP, shall prescribe uniform rules of procedure for the AFP Boards of Review. (b) Action by the Convening Authority.—The convening authority may approve the findings of guilty and the sentence or such part thereof as he finds correct in law and fact. As used in this decree, the term "convening authority" refers to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command. (c) Rehearing.—Where the convening authority disapproves the findings of guilty of the military commission or provost court, he may order a rehearing, except where the disapproval is based on lack of legally sufficient evidence, to support the findings and sentence. If he does not order a rehearing, he may order the dismissal of the case: Provided, that such a dismissal shall not be final with respect to the cases which are required to be reviewed by the Military Appeals and/or the President of the Philippines as provided in Section 2 (a) and 4 of this decree. Where the military commission or provost court had no jurisdiction over the offense and person of the accused, the convening authority shall take the appropriate action. (d) Sentence Immediately Executory.—All sentences of military commissions and provost courts shall be immediately executory upon approval thereof by the convening authority, except those which are required to be reviewed by the Court of Military Appeals and/or the President of the Philippines as provided in Sections 2 (a) and 4 of this decree.