QuestionsQuestions (GENERAL ORDER No. 55)
General Order No. 55 is based on the RF–US Military Bases Agreement of 1947 as amended (Aug. 10, 1965), which provides that—subject to exceptions—the Republic of the Philippines has jurisdiction over members of the U.S. Armed Forces (and their civilian component) and their dependents for offenses committed within the Philippines and punishable under Philippine laws.
Military tribunals have exclusive jurisdiction when the case involves subversion, rebellion, sedition, or any other crime committed in furtherance of, on the occasion of, or incident to, or in connection with said crimes, and over which the Philippines has jurisdiction under the RP–US Military Bases Agreement.
All cases other than those enumerated in Section 1 (i.e., not involving subversion, rebellion, sedition, or crimes committed in furtherance of/on the occasion of/incident to/in connection with such crimes) are triable by the proper civil courts.
Such cases must be immediately transferred to the corresponding civil courts for trial and disposition.
It redefines and allocates jurisdiction by specifying which offenses fall exclusively under military tribunals (Section 1) and which should be tried by civil courts (Section 2), thereby obviating confusion and eliminating possible conflicts.
It means that even after General Order No. 55 allocates whether a case is for a military tribunal or a civil court, the court/tribunal must still comply with the limitations, exceptions, and conditions embodied in the RP–US Military Bases Agreement.
General Order No. 55 is motivated by the observation that General Order No. 12-A had a jurisdiction allocation rule (between civil and military tribunals), but General Order No. 49 repealing/ redefining jurisdiction did not carry a similar allocation provision. General Order No. 55 restores and clarifies the needed allocation.
General Order No. 49 redefining military tribunal jurisdiction and repealing inconsistent general orders did not include a jurisdiction allocation provision comparable to General Order No. 12-A; hence General Order No. 55 was deemed necessary to remove confusion and potential conflicts.
Any other crime committed in furtherance of, on the occasion of, incident to, or in connection with subversion, rebellion, or sedition triggers military tribunal jurisdiction, provided Philippine jurisdiction exists under the Bases Agreement.
It should be tried by the proper civil courts (Section 2), assuming the Philippines has jurisdiction under the RP–US Military Bases Agreement and the offense is punishable under Philippine laws.
Exclusive jurisdiction means only military tribunals may try those covered cases; civil courts should not assume jurisdiction over them.
Section 4 provides that all orders/instructions/rules/regulations/directives inconsistent with General Order No. 55 are superseded, modified, and/or repealed accordingly.
It took effect immediately (Section 5). Practically, cases already filed and pending in military tribunals at the time of effectivity must be transferred to the corresponding civil courts for trial and disposition (Section 2).
Because the Bases Agreement extends Philippine jurisdiction over U.S. Armed Forces and their civilian component and their dependents for covered offenses. General Order No. 55 therefore includes dependents within the scope of who may be tried by civil courts or military tribunals depending on the offense category.
General Order No. 55 allocates forum (military tribunal vs. civil court). Separately, the Philippines’ power to prosecute at all depends on the RP–US Military Bases Agreement (and its exceptions), as recognized in Sections 1–3.
If the charge fits within subversion/rebellion/sedition or a crime committed in furtherance of/on the occasion of/incident to/in connection with such crimes, it falls under military tribunals’ exclusive jurisdiction (Section 1). Otherwise, it goes to civil courts (Section 2).
Section 1 states that the military tribunals created under General Order No. 8, in relation to Presidential Decree No. 39, are the tribunals that exercise the exclusive jurisdiction defined by General Order No. 55 over the covered offenses.