Question & AnswerQ&A (GENERAL ORDER NO. 49)
Military tribunals have exclusive jurisdiction over all offenses committed by military personnel of the Armed Forces of the Philippines while in active service.
Yes, offenses committed by military personnel while in active service shall continue to be heard and tried by military tribunals even after their discharge or separation from the service.
Military tribunals have jurisdiction if the offense arose out of any act or omission done in the performance of official duty by the accused military personnel.
Crimes against public order include rebellion or insurrection, conspiracy and proposal to commit rebellion or insurrection, disloyalty of public officers, inciting to rebellion or insurrection, sedition, conspiracy to commit sedition, inciting to sedition, illegal assemblies, and illegal association.
Civil courts have exclusive jurisdiction over offenses not mentioned under the jurisdiction of military tribunals, except the President may refer cases to military tribunals or vice versa for public interest.
Yes, the President may in the public interest refer a case falling under the exclusive jurisdiction of civil courts to a military tribunal.
Cases not covered under Section 1 are immediately transferred to the civil courts, except in cases where the accused has already been arraigned; transfers shall be governed by rules promulgated by the Secretary of National Defense.
General Order No. 12, its amendments, and related General Orders inconsistent with the provisions of General Order No. 49 are repealed.