Law Summary

Introduction

Presidential Decree No. 1166, issued on June 24, 1977, by President Ferdinand E. Marcos, amends the existing provisions of the Articles of War to enhance discipline and justice within the Armed Forces of the Philippines.

Amendment Provisions

• Legal Principle: The decree stipulates that officers and enlisted members of the Philippine Constabulary shall not be subject to trial by courts-martial for specific offenses during peacetime.
• Key Definitions:
  • Officers and Enlisted Men: Members of the Philippine Constabulary who fall under the jurisdiction of the Articles of War.
  • Courts-Martial: Military courts responsible for trying members of the Armed Forces for military offenses.

Scope of Exemption

• Important Requirements:
  • The exemption from trial by courts-martial applies only to felonies, crimes, breaches of law, and violations of municipal ordinances committed during peacetime.
• Consequences:
  • Should an officer or enlisted man commit an offense as specified, they will not face military prosecution but may still be subject to civilian judicial processes.

Effectivity Clause

• Timeframe: The decree takes effect immediately upon its approval.
• Approval: The decree was formally enacted in Manila on the day of issuance, indicating immediate applicability.

Signatories

• Authority: The decree is signed by Ferdinand E. Marcos, President of the Philippines, and by Juan C. Tuvera, Presidential Assistant, affirming its official status.

Key Takeaways

• Presidential Decree No. 1166 amends the Articles of War to exempt certain members of the Philippine Constabulary from military trials for specified offenses during peacetime.
• The decree emphasizes the need for discipline and justice within the Armed Forces while outlining the limitations on military jurisdiction.
• The amendment takes effect immediately upon approval, underscoring the urgency of this legal adjustment.