Law Summary
Authority and Legal Basis for Appointment of General Courts-Martial
- Authority is derived from AW 8, as amended by Republic Acts Nos. 242 and 516.
- Empowers specific military officers to appoint general courts-martial within their command.
Designated Officers Empowered to Appoint General Courts-Martial
- Commanding Officer of a major command or task force.
- Commanding Officer of a Division.
- Commanding Officer of a Military Area.
- Superintendent of the Philippine Military Academy (except for trials involving officers).
- Commanding Officer of a battalion or a larger unit.
- Commanding Officer of corresponding units in the Air Force and Navy assigned beyond Philippine jurisdiction.
Scope of Appointment Power
- Applies to military units assigned in territories beyond the jurisdiction of the Philippines.
- Ensures that general courts-martial can be constituted for military personnel operating in foreign or extraterritorial areas.
Formality and Authentication
- The amendment was officially enacted in Manila on February 16, 1951.
- Signed by then-President Elpidio Quirino and Executive Secretary Teodoro Evangelista.
This amendment clarifies and expands the authority to convene general courts-martial within various levels of military command, including extraterritorial units, thereby reinforcing the procedural framework for military justice administration in the Philippines armed forces.