QuestionsQuestions (PRESIDENTIAL DECREE No. 39)
PD No. 39 cites Proclamation No. 1081 (martial law), General Order No. 3 and 3-A (withdrawal of certain offenses from the judicial department and referral to special civil and military tribunals), General Order No. 8 (AFPC Chief of Staff empowered to create military tribunals), and General Order No. 12 and 12-A (offenses cognizable by military tribunals and/or concurrently with civil courts).
The Chief of Staff of the Armed Forces of the Philippines, empowered under General Order No. 8, may create military tribunals to try and decide cases of military personnel and other cases referred to them.
The President promulgates PD No. 39 as “rules governing” creation, composition, jurisdiction, procedure, and other matters relevant to military tribunals, and enjoins strict adherence; he also acts pursuant to powers as Commander-in-Chief.
They withdraw certain offenses from the jurisdiction of the judicial department and direct that those offenses be tried by special civil and military tribunals that may be created by the President or upon his orders.
They establish that some offenses are exclusively cognizable by military tribunals, while others may be cognizable by military tribunals concurrently with civil courts.
For a more orderly administration of justice in cases triable by military tribunals, it is necessary to prescribe rules of procedure and other relevant matters.
PD No. 39 enjoins strict adherence to its rules but provides that the Chief of Staff, with the approval of the Secretary of National Defense, shall issue and promulgate implementing instructions not inconsistent with the rules.
All actions taken pursuant to Circular M-1, General Headquarters, Armed Forces of the Philippines dated October 2, 1972 are confirmed.
It shall take effect immediately.
It states the attached rules are decreed as “part of the law of the land,” meaning they have the force of law.
They govern the creation, composition, jurisdiction, procedure, and other matters relevant to military tribunals.
Primarily cases of military personnel, and “such other cases as may be referred to them” under the referenced general orders.
Strict adherence to the rules decreed by PD No. 39.
His role as Commander-in-Chief of all the Armed Forces of the Philippines.