Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1952)
The main purpose of Presidential Decree No. 1952 is to amend Section 1 of Presidential Decree No. 1850 to further define and regulate the court-martial jurisdiction over members of the Integrated National Police and the Armed Forces of the Philippines, including provisions for trial and possible waiver of such jurisdiction by the President.
Uniformed members of the Integrated National Police include police officers, policemen, firemen, and jail guards.
Uniformed members of the Integrated National Police shall be exclusively tried by courts-martial in accordance with the Articles of War.
Any crime or offense cognizable by civil courts committed by uniformed members of the Integrated National Police and persons subject to military law are subject to courts-martial jurisdiction, except when the jurisdiction has prescribed or cannot be exercised due to separation from active service.
The President may, in the interest of justice, order or direct at any time before arraignment that a particular case be tried by the appropriate civil court.
If court-martial jurisdiction over the offense has prescribed under Article 38 of Commonwealth Act No. 408 or the jurisdiction over the person of the accused can no longer be exercised due to separation from active service without prior jurisdiction attachment, the case shall be disposed of or tried by proper civil or judicial authorities.
Commonwealth Act No. 408, as amended, also known as the Articles of War, provides the basis for court-martial jurisdiction.
Yes, court-martial jurisdiction can be waived by the President of the Philippines, who may order that a case be tried in the civil courts in the interest of justice.
Court-martial jurisdiction over the person of the accused can no longer be exercised if the person has separated from active service unless jurisdiction has attached beforehand; otherwise, the case must be handled by civil courts.
Presidential Decree No. 1952 took effect immediately upon its signing on September 5, 1984.