Section 2
SEC. 2. Article four of the same Act as amended by Republic Act Numbered Two hundred and forty-two, is hereby further amended to read as follows: "ART. 4. Who may serve on courts-martial.-All officers in active duty in the Armed Forces of the Philippines or in the Philippine Constabulary shall be competent to serve on courts-martial for the trial of any person who may lawfully be brought before such courts for trial. "Enlisted persons in the active military service of the Armed Forces of the Philippines or of the Philippine Constabulary shall be competent to serve on general and special courts-martial for the trial of enlisted persons or trainees when requested in writing by the accused at any time prior to the convening of the court: Provided, That the competency of enlisted men to serve shall be subject to the conditions prescribed in this and other articles, and in no case shall the number of enlisted men detailed exceed one-third of the total membership of the court. "When appointing courts-martial, the appointing authority shall detail as members thereof those officers of the command and, when eligible and available, those enlisted persons of the command who, in his opinion, are best qualified for the duty by reason of age, training, experience, and judicial temperament; and officers and enlisted persons having less than two years' service shall not, if it can be avoided without manifest injury to the service, be appointed as members of courts-martial in excess of the minority membership thereof. No person shall sit as member of a general or special court-martial when he is the accuser or a witness for the prosecution."