Authorization to Establish Military Tribunals
- Following the declaration of martial law, General Order No. 3 (September 22, 1972) authorized the establishment of special military tribunals.
- These tribunals were to try certain criminal cases as designated by the Commander-in-Chief.
Empowerment of the Chief of Staff of the Armed Forces
- General Order No. 8, issued on September 27, 1972, empowered the Chief of Staff of the Armed Forces of the Philippines to create military tribunals.
- These tribunals were authorized to try and decide cases involving military personnel.
- Additionally, other cases, as referred by the Commander-in-Chief, could also be tried by these tribunals.
Legal and Operational Framework
- The order was issued by President Ferdinand E. Marcos in his capacity as Commander-in-Chief.
- It was pursuant to the powers granted by Proclamation No. 1081.
- The order formalized the procedure for military jurisdiction during martial law over specific cases.
Geographic and Temporal Application
- The order applied throughout the entire Philippines.
- The date of effect was set on September 27, 1972, shortly after the declaration of martial law.
Purpose and Rationale of Military Tribunal Creation
- The creation of military tribunals aimed to address the immediate threats to state security and order.
- It sought to ensure swift and effective adjudication of crimes related to the rebellion, lawlessness, and anarchy undermining the government.
Legal Authority and Command Structure
- The ultimate authority and command rested with the President as Commander-in-Chief.
- Delegation to the Chief of Staff allowed for operational flexibility and expedient judicial processes in military and related cases.