Establishment of National War Crimes Office

Authorized by the President of the Philippines to try persons accused of war crimes
Military commissions convened by or under authority of the President

Over persons: Jurisdiction applies to all persons charged with war crimes in custody
Over offenses: Covers crimes such as:
- Planning or waging wars of aggression or violation of international treaties
- Violations of laws or customs of war including murder, ill-treatment, deportation, plunder, and wanton destruction
- Crimes against civilian populations, including murder, extermination, enslavement, persecution on political, racial or religious grounds

Members appointed by the President or delegates
Alternates attend and replace members if necessary
Each commission must have at least three members
Appointment based on competence and absence of personal interest or prejudice
One member designated as law member with final authority on evidence admissibility
Decisions by majority vote; conviction and sentence require two-thirds affirmative vote
Senior officer presides if no presiding member is appointed

Trials confined to fair and expeditious hearings
Summary action for contumacy or contempt permitted
Public sessions are the rule, with exceptions allowed
Accused entitled to:
- Copy of charges in advance
- Legal representation or self-defense
- Right to testify and cross-examine witnesses
- Translation of charges, proceedings, and evidence if needed
Commissions can summon witnesses, require production of documents, and delegate prosecutorial powers
Liberal rules on admissibility of evidence including official documents, reports, affidavits, diaries, and secondary evidence
Judicial notice taken of common knowledge, official documents, and findings by United Nations agencies
Official position of accused does not absolve responsibility but may mitigate punishment
Confessions admissible without proof of voluntariness but may be disregarded if coerced

Separate record for each trial prepared by prosecutor and certified by presiding member
Record made available to defense counsel and submitted to convening authority

Possible sentences include death, life imprisonment, fines, or other appropriate punishments
Sentences must be approved by Chief of Staff before execution
Death or life imprisonment sentences require President’s confirmation
Chief of Staff may mitigate, remit, commute, suspend, or remand for rehearing but cannot increase sentences
Judgments are final except as provided

Commissions may adopt procedural rules and forms consistent with the Executive Order and instructions from convening authority or President

Seven hundred thousand pesos allocated from Army appropriations for National War Crimes Office
Use of buildings and equipment previously used by Allied Powers Legal Section reserved for National War Crimes Office