QuestionsQuestions (GENERAL ORDER NO. 8)
General Order No. 8 states it is issued pursuant to Proclamation No. 1081 dated September 21, 1972 (martial law), and it also refers to General Order No. 3 issued under that proclamation.
The recitals state that martial law was declared due to wanton destruction of lives and property, widespread lawlessness and anarchy, chaos and disorder, and criminal conspiracies to seize political and state power by force and violence.
The Chief of Staff, Armed Forces of the Philippines is empowered to create military tribunals.
Ferdinand E. Marcos signed as Commander-in-Chief of all the Armed Forces of the Philippines and also appears as President of the Republic of the Philippines.
General Order No. 8 references General Order No. 3 by stating that pursuant to it, certain criminal cases were ordered to be tried by special military tribunals that may be created by the Commander-in-Chief or upon his orders.
They may try and decide cases of military personnel and such other cases as may be referred to them.
It provides that aside from cases of military personnel, other cases may be referred to the tribunals, but it does not specify in the text who refers them; it only notes that such cases “as may be referred to them” are covered.
It authorizes the Chief of Staff to create military tribunals going forward (“henceforth”), rather than naming or establishing specific tribunals by name in the order.
Proclamation No. 1081 is the martial law declaration; General Order No. 8 relies on it as the constitutional/martial law framework that allows the Commander-in-Chief to issue orders affecting the administration of justice.
It describes an “actual war” against the people and their legitimate government, caused by groups engaged in a criminal conspiracy to seize political and state power by force and violence.
The Chief of Staff is empowered to create military tribunals to try and decide the covered cases.
General Order No. 8 is issued by the Commander-in-Chief, but it specifically delegates the authority to create military tribunals to the Chief of Staff.
It states martial law is in effect throughout the land; this suggests the authority under the order applies across the country, subject to the martial law declaration.
It identifies the place and date of issuance (September 27, 1972) and provides formal authentication of the order.
The order covers military personnel and “such other cases as may be referred to them.” Thus, for a civilian case to fall under the order, it must be among the “other cases” that are referred to the military tribunal.
You should identify (1) the martial law basis (Proclamation No. 1081), (2) the issuing authority (Commander-in-Chief), (3) the implementing/dellegated power (Chief of Staff creates tribunals), (4) the scope of jurisdiction (military personnel and referred cases), and (5) the justification stated in the recitals (lawlessness, anarchy, conspiracy to seize power).