Jurisdiction of Military and Civil Courts Over US Forces

General Order No. 55 bases jurisdiction over U.S. Armed Forces matters on the RP–US Military Bases Agreement of 1947, as amended on August 10, 1965.
The RP–US Military Bases Agreement provides that, subject to exceptions, the Republic of the Philippines has jurisdiction over members of the United States Armed Forces, the civilian component thereof, and their dependents for offenses committed within the Republic and punishable by Philippine law.
General Order No. 55 recognizes that General Order No. 12 (September 30, 1972) defines jurisdiction of military tribunals created under General Order No. 8 (September 27, 1972).
General Order No. 55 recognizes that General Order No. 12-A (October 2, 1972) allocates preliminary investigation and filing with civil courts except for certain politically motivated or related crimes assigned to military tribunals.
General Order No. 55 identifies General Order No. 49 (October 4, 1972) as redefining military tribunal jurisdiction and repealing inconsistent general orders, but notes that it did not adopt the civil-versus-military allocation rule.

General Order No. 55 directs a redefinition of jurisdiction to prevent confusion among concerned authorities.
General Order No. 55 directs a redefinition of jurisdiction to eliminate possible conflicts between military tribunals and civil courts over covered offenses.

Section 1 covers cases filed against a member of the United States Armed forces, the civilian component thereof, or their dependents.
Section 1 covers offenses involving subversion, rebellion, sedition, or any other crime committed in furtherance or on the occasion of, or incident to, or in connection with said crimes.
Section 1 applies only to cases over which the Philippines has jurisdiction under the RP–US Military Bases Agreement.
Section 2 covers all other cases against covered U.S. forces personnel, civilian component, and dependents over which the Philippines has jurisdiction under the RP–US Military Bases Agreement.

Section 1 provides that military tribunals created under General Order No. 8 (September 27, 1972), in relation to Presidential Decree No. 39 (November 7, 1972), exercise exclusive jurisdiction.
Exclusive jurisdiction under Section 1 applies to cases involving subversion, rebellion, sedition, or any other crime committed in furtherance or on the occasion of, or incident to, or in connection with those crimes.
Section 1 limits this exclusive jurisdiction to cases where the Philippines has jurisdiction under the RP–US Military Bases Agreement.

Section 2 provides that proper civil courts must try cases against covered U.S. forces personnel, civilian component, or their dependents except those enumerated in Section 1.
Section 2 requires civil-court trial for these “other” cases when the Philippines has jurisdiction under the RP–US Military Bases Agreement.
Section 2 provides that cases already filed and pending in military tribunals at the time of effectivity of General Order No. 55 must be immediately transferred to the corresponding civil courts for trial and disposition.

Section 3 makes military tribunals and proper civil courts exercise jurisdiction subject to the provisions of the RP–US Military Bases Agreement.
Section 3 confirms that jurisdiction under General Order No. 55 operates within the limits established by the RP–US Military Bases Agreement.

Section 4 supersedes, modifies, and/or repeals all orders, instructions, rules, regulations, and directives that are inconsistent with General Order No. 55.
Section 4 applies the supersession/modification/repeal “accordingly.”

Section 5 mandates immediate effect, requiring prompt jurisdictional implementation upon issuance.
Section 2 mandates immediate transfer of pending military tribunal cases to civil courts for trial and disposition upon effectivity.