Question & AnswerQ&A (OP ADMINISTRATIVE ORDER NO. 55)
The main subject of Administrative Order No. 55, May 21, 1993, is the amendment of Section 3 of Administrative Order No. 40, s. 1993, prescribing guidelines for the treatment of personnel of the Armed Forces of the Philippines and Philippine National Police who are facing administrative and criminal charges.
The President of the Philippines has the authority to amend Section 3 of Administrative Order No. 40, s. 1993, as evidenced by the amendment made through Administrative Order No. 55, issued by then President Fidel V. Ramos.
According to the amended Section 3, service-connected crimes or offenses shall be tried by court-martial pursuant to Republic Act No. 7055.
The President of the Philippines may, in the interest of justice, either motu proprio or upon recommendation of the Chief of Staff of the Armed Forces of the Philippines, order that such crimes or offenses be tried by the proper civil courts before arraignment.
Republic Act No. 7055 governs the trial of service-connected crimes or offenses by court-martial, which is the primary basis for trying such offenses involving personnel of the AFP and PNP under this Order.
The Chief of Staff of the Armed Forces of the Philippines may recommend that cases be tried by civil courts instead of by court-martial.
The President can order that service-connected crimes be tried by civil courts at any time before arraignment.
Yes, the Order applies to the personnel of both the Armed Forces of the Philippines and the Philippine National Police who are facing administrative and criminal charges.
The Administrative Order No. 55 took effect immediately upon its adoption on May 21, 1993.
The proviso clause provides the President discretionary power to order that service-connected crimes be tried by civil courts, ensuring flexibility in the interest of justice beyond the default court-martial provision.