Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1850)
The primary purpose of Presidential Decree No. 1850 is to provide for the trial by courts-martial of members of the Integrated National Police (INP) and further define the jurisdiction of courts-martial over members of the Armed Forces of the Philippines (AFP).
Uniformed members of the Integrated National Police refer to police officers, policemen, firemen, and jail guards.
Courts-martial have exclusive jurisdiction to try uniformed members of the INP for crimes or offenses cognizable by civil courts.
Cases can be tried by civil courts when court-martial jurisdiction has prescribed under Article 38 of Commonwealth Act No. 408 or when the person is separated from active service without court-martial jurisdiction having attached beforehand, unless otherwise provided by law.
The case against civilians shall be segregated and filed with the appropriate civil court. However, if the civilian waives civil court jurisdiction in writing and submits to court-martial jurisdiction, the entire case may be tried by a court-martial.
The President of the Philippines and the Chief of Constabulary/Director General of the INP have the power to appoint these courts. Constabulary Regional Commanders/Directors may appoint special and summary courts-martial and general courts-martial when empowered by the President.
The appointing authority determines the ratio of military personnel and INP members in the court. However, the number of INP personnel detailed shall not be less than one-third of the total membership.
No, court-martial action does not preclude administrative actions that may be warranted pursuant to existing laws.
Cases where the accused had already been arraigned in civil courts as of the effective date of the decree shall continue to be tried and decided by those civil courts.
The Chief of Staff of the AFP is tasked to formulate necessary rules and regulations, subject to the recommendation of the Minister of National Defense and approval of the President.