Mil. Tribunals' Jurisdiction on Personal Liberty Crimes

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GENERAL ORDER NO. 21: Mil. Tribunals' Jurisdiction on Personal Liberty Crimes

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Title Source: Supreme Court: Mil. Tribunals' Jurisdiction on Personal Liberty Crimes

Law: General Order No. 21

Decision Date: Jan 16, 1973

General Order No. 21 and its amendment to General Order No. 12 establish the exclusive jurisdiction of military tribunals over cases involving crimes against personal liberty, ensuring a fair and efficient process for both the accused and the victims.

Law Summary

Authority and Legal Basis

The amendment is issued under the authority of the Commander-in-Chief of the Armed Forces of the Philippines.
It is pursuant to Proclamation No. 1081 dated September 21, 1972.
It also further amends General Order No. 12 dated September 30, 1972, and its subsequent amendments (General Orders 12-A, 12-B, and 12-C).

Specific Provision Added

Sub-paragraph 21 is added to the disposition portion of the Order.
This provision explicitly includes "crimes against personal liberty" within the jurisdiction of military tribunals.

Definition of Crimes Covered

"Crimes against personal liberty" refers to offenses as defined and penalized under the Revised Penal Code.
Such crimes typically include kidnapping, unlawful detention, or other acts that deprive individuals of their personal freedom.

Exclusion of Civil Courts

Cases falling under this provision shall be tried exclusively by military tribunals.
Civil courts are excluded from jurisdiction over these cases unless otherwise provided.

Formal Issuance

The order was promulgated in Manila on January 16, 1973.
The order is signed by President Ferdinand E. Marcos acting as Commander-in-Chief.
It is further attested and certified by the Executive Secretary Alejandro Melchor.

END