Question & AnswerQ&A (PRESIDENTIAL DECREE No. 39)
Martial law was declared under Proclamation No. 1081 dated September 21, 1972.
The Chief of Staff of the Armed Forces of the Philippines has the authority to create military tribunals, with the approval of the Secretary of National Defense, as empowered by General Order No. 8.
Certain offenses withdrawn from the jurisdiction of the judicial department, including offenses committed by military personnel and other cases referred to military tribunals, are subject to trial as per the General Orders mentioned in the decree.
Yes, under General Orders No. 12 and 12-A, some offenses are exclusively cognizable by military tribunals, while others are concurrently cognizable with civil courts.
The President of the Philippines promulgates the rules governing the military tribunals, as part of the law of the land.
The Chief of Staff, with the approval of the Secretary of National Defense, is responsible for issuing and promulgating implementing instructions that are not inconsistent with the rules set by this decree.
The decree took effect immediately upon its signing on November 7, 1972.
All actions taken pursuant to Circular M-1 are confirmed by this decree, ensuring that prior military tribunal measures are legally recognized and sustained.
The decree was signed by President Ferdinand E. Marcos and by Executive Secretary Alejandro Melchor on behalf of the President.