Question & AnswerQ&A (GENERAL ORDER NO. 12)
General Order No. 12 aims to designate the military tribunals as the exclusive courts to try and decide specific crimes enumerated under the order during martial law, thus excluding civil courts from jurisdiction over these cases.
Cases involving crimes against national security, violations of the Anti-Subversion Law, espionage, hijacking, crimes against fundamental laws by AFP members, certain crimes against public order such as rebellion and sedition, firearms and explosives violations, usurpation of authority, and certain public officers' crimes, among others, fall under military tribunal exclusive jurisdiction.
Crimes such as rebellion or insurrection (Art. 134), conspiracy and proposal to commit rebellion (Art. 136), disloyalty of public officers (Art. 137), inciting to rebellion or sedition (Arts. 138, 139, 141, 142), illegal assemblies (Art. 146), and illegal associations (Art. 147) are included.
Yes, certain crimes involving civilians such as violations of anti-graft laws and the Dangerous Drugs Act are subject to concurrent jurisdiction of both civil courts and military tribunals, where the tribunal or court that first assumes jurisdiction will exercise it exclusively.
Such cases are transferred to the military tribunals for trial and decision, regardless of whether arraignment has taken place.
Civil courts have concurrent jurisdiction with military tribunals over certain crimes committed by public officers, particularly if the accused is a civilian.
These cases are immediately forwarded to the military tribunals through the Office of the Judge Advocate General, while other criminal cases filed before this date remain in the civil courts except for the crimes mentioned.
Crimes committed by officers and enlisted personnel of the AFP in relation to the enforcement or execution of Proclamation No. 1081 and related decrees, orders, or regulations are subject to military tribunal jurisdiction.
Where jurisdiction is concurrent, the tribunal or court that first assumes jurisdiction shall exercise it exclusively to the exclusion of all others.