Court-martial jurisdiction amendments PD 1952

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PRESIDENTIAL DECREE NO. 1952: Court-martial jurisdiction amendments PD 1952

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Title Source: Supreme Court: Court-martial jurisdiction amendments PD 1952

Law: Presidential Decree No. 1952

Decision Date: Sep 5, 1984

Presidential Decree No. 1952 amends the jurisdiction of courts-martial over members of the Armed Forces of the Philippines and the Integrated National Police, allowing for the exclusive trial of uniformed members of the Integrated National Police by courts-martial for crimes or offenses cognizable by civil courts, unless court-martial jurisdiction has prescribed or the accused has separated from active service without jurisdiction having attached.

Law Summary

Conditions for Civil Court Jurisdiction

Cases may be tried or disposed of by civil or judicial authorities if:
- Court-martial jurisdiction over the offense has prescribed under Article 38 of Commonwealth Act No. 408, as amended.
- Court-martial jurisdiction over the accused military or INP personnel can no longer be exercised due to their separation from active service, provided jurisdiction had not attached beforehand.
Exceptions exist if otherwise provided by law.

Presidential Authority to Transfer Jurisdiction

The President of the Philippines may, in the interest of justice and at any time before arraignment, order or direct that a particular case involving military or INP personnel be tried by the appropriate civil court.

Definition of Uniformed Members of Integrated National Police

The term "uniformed members of the Integrated National Police" includes police officers, policemen, firemen, and jail guards.

Effectivity

The decree took effect immediately upon issuance on September 5, 1984.

END