Question & AnswerQ&A (Republic Act No. 7055)
Republic Act No. 7055 aims to strengthen civilian supremacy over the military by returning to the civil courts the jurisdiction over certain offenses involving members of the Armed Forces of the Philippines (AFP), persons subject to military law, and members of the Philippine National Police (PNP), repealing certain presidential decrees in the process.
Members of the Armed Forces of the Philippines, members of the Citizens Armed Forces Geographical Units, other persons subject to military law, and members of the Philippine National Police.
Crimes or offenses penalized under the Revised Penal Code, other special penal laws, or local government ordinances committed by military personnel should be tried by the proper civil court, regardless of whether civilians are co-accused, victims or offended parties, unless the offense is determined to be service-connected.
Service-connected crimes or offenses are those defined in Articles 54 to 70, Articles 72 to 92, and Articles 95 to 97 of Commonwealth Act No. 408, as amended, and are linked to the military service or duties of the accused.
The proper civil court is responsible for determining, before arraignment, whether the offense is service-connected.
The President may, in the interest of justice and at any time before arraignment, order or direct that crimes or offenses committed by military personnel be tried by the proper civil courts.
All cases filed or pending for filing with court-martial, except those where the accused has already been arraigned, shall be transferred to the proper civil courts within thirty (30) days following the act’s effectivity.
Yes, subject to section 1 and with the written consent of the accused, the Chief of the Armed Forces may order the transfer of such cases to civil courts for trial and resolution before the trial starts.
Presidential Decree Nos. 1822, 1822-A, 1850, and 1952, along with all acts, general orders, executive orders, and other presidential issuances, rules, and regulations inconsistent with RA 7055 were repealed or amended accordingly.
RA 7055 took effect fifteen (15) days following its publication in the Official Gazette or in at least two (2) newspapers of general circulation.