Question & AnswerQ&A (GENERAL ORDER NO. 59)
Military tribunals exercise exclusive jurisdiction over: offenses committed by military personnel while performing official duties or arising from acts or omissions in such performance; crimes against national security and the law of nations as defined in Title 1, Book II of the Revised Penal Code; violations of the Anti-Subversion Law; espionage; crimes against public order including rebellion, insurrection, sedition, illegal assembly, and illegal associations; offenses under Presidential Decree No. 33 related to propaganda materials; violations of laws on firearms and explosives; and usurpation of military authority or uniform related crimes.
Yes, military tribunals shall have jurisdiction over offenses where two or more persons are accused, and at least one of them is a military personnel.
Offenses against public order under military tribunal jurisdiction include rebellion or insurrection, conspiracy to commit these, disloyalty of public officers, inciting to rebellion or insurrection, sedition, illegal assemblies, and illegal associations as defined in the Revised Penal Code.
Offenses not mentioned specifically in Section 1 are under the jurisdiction of civil courts, except that the President may refer cases between military tribunals and civil courts in the public interest.
Such cases shall immediately be transferred to the appropriate civil courts.
No, General Order No. 59 does not deprive courts-martial of their jurisdiction over offenses under the Articles of War.
General Orders Nos. 49, 54, and 57, Presidential Decree No. 33-A, a Presidential Memorandum to the Secretary of National Defense dated December 5, 1973, and other orders or decrees conferring military tribunal jurisdiction inconsistent with this Order are repealed or modified accordingly.
General Order No. 59 took effect immediately upon its signing on June 24, 1977.