Legal basis and related orders
- Proclamation No. 1081 dated September 21, 1972 declares martial law and serves as the constitutional/legal basis for the order.
- General Order No. 3 dated September 22, 1972 is referenced as the prior order under which the President had ordered certain criminal cases to be tried by special military tribunals.
- The authority under this order is grounded in the President’s powers as Commander-in-Chief and the martial-law framework of Proclamation No. 1081.
Purpose and factual premise
- The order is anchored on the existence of martial law declared due to “wanton destruction of lives and property,” “widespread lawlessness and anarchy,” and “chaos and disorder.”
- The order frames the disorder as having been brought about by groups engaged in a criminal conspiracy to seize political and state power “by force and violence.”
- The order characterizes the extent of the situation as “an actual war against our people and their legitimate Government.”
- The order links its action to the need to try and decide criminal cases under martial law through military tribunals.
Authority to create military tribunals
- The Chief of Staff, Armed Forces of the Philippines is empowered to create military tribunals.
- The tribunals are created to try and decide cases.
- The tribunals have jurisdiction over cases of military personnel.
- The tribunals may also handle such other cases as may be referred to them.
Scope: covered cases and referrals
- The order expressly covers cases of military personnel.
- The order expressly extends tribunal coverage to such other cases as may be referred to them.
- The referral mechanism is not further detailed in the order; it is governed by referral “to” the tribunals by proper authority under the martial-law setting.
Substantive rules on trial and decision
- Created tribunals are mandated to try cases.
- Created tribunals are mandated to decide cases.
- The order does not prescribe procedural rules, evidentiary standards, or appeal mechanisms; it establishes the tribunal-creation authority and the tribunal’s case-handling role.
Date, place, and signatory
- The order is done in the City of Manila.
- The order is dated September 27, 1972.
- It is signed by (SGD.) FERDINAND S. MARCOS as President of the Republic of the Philippines.