QuestionsQuestions (Republic Act No. 7055)
To strengthen civilian supremacy over the military by returning to civil courts the jurisdiction over certain offenses committed by members of the Armed Forces of the Philippines (AFP), other persons subject to military law, and certain persons under the Philippine National Police, while limiting court-martial jurisdiction to service-connected offenses as defined by the law.
Crimes or offenses penalized under the Revised Penal Code, other special penal laws, or local government ordinances, regardless of whether civilians are co-accused, victims, or offended parties.
When the offense, as determined before arraignment by the civil court, is service-connected; in that case it is tried by court-martial.
It must be determined before arraignment by the civil court.
The President may, in the interest of justice, order or direct at any time before arraignment that any such crimes or offenses be tried by the proper civil courts.
They are limited to those defined in Articles 54 to 70, Articles 72 to 92, and Articles 95 to 97 of Commonwealth Act No. 408 (the Articles of War).
No. In imposing the penalty for such offenses, the court-martial may take into consideration the penalty prescribed for the same offense in the Revised Penal Code, other special laws, or local government ordinances.
Except those where the accused had already been arraigned, all cases filed or pending for filing with court-martial or similar bodies must be transferred to the proper civil courts within thirty (30) days following the effectivity of the Act.
Cases are excepted from transfer if the accused had already been arraigned.
With the Chief of the AFP’s order, upon petition before commencement of trial and with the written consent of the accused.
Presidential Decree Nos. 1822, 1822-A, 1850, and 1952.
All acts, general orders, executive orders, and other presidential issuances, rules and regulations inconsistent with RA 7055.
It takes effect fifteen (15) days following publication in the Official Gazette or in at least two (2) newspapers of general circulation.
No. Jurisdiction by civil courts applies regardless of whether civilians are co-accused, victims, or offended parties.
Because it determines the proper forum: civil court for non-service-connected offenses, and court-martial for offenses categorized as service-connected under the limited articles specified.