Jurisdiction of Military Tribunals
- Military tribunals are authorized to try and decide certain cases exclusively, except as otherwise provided.
- This is pursuant to General Order No. 8 dated September 27, 1972 and modifies General Order No. 3 dated September 22, 1972.
Cases Under Exclusive Military Tribunal Jurisdiction
- Crimes against national security and laws of nations under the Revised Penal Code.
- Violations of the Anti-Subversion Law (R.A. No. 1700).
- Violations of the Law on Espionage (Commonwealth Act No. 616).
- Violations of the Hijacking Law (R.A. No. 6235).
- Crimes against fundamental laws of the State by Armed Forces members.
- Specific crimes against public order under the Revised Penal Code, including rebellion, insurrection, sedition, illegal assemblies, and associations.
- Other crimes committed in connection with insurrection or rebellion.
- Violations of the Law on Firearms and Explosives under the Revised Administrative Code and other laws.
- Usurpation of authority, rank, title, names, uniforms, and insignia under the Revised Penal Code and R.A. No. 493.
Crimes with Concurrent Jurisdiction Between Civil Courts and Military Tribunals
- Certain crimes committed by public officers under the Revised Penal Code with detailed offenses like bribery, malversation, failure of officers to render accounts, illegal use of public funds, and offenses related to judicial misconduct.
- Violations of the Anti-Graft and Corrupt Practices Law (R.A. No. 3019).
- Violations of the Dangerous Drugs Act (R.A. No. 6425).
- In these cases, civil courts and military tribunals share jurisdiction if the accused is a civilian.
Other Crimes Under Military Tribunal Jurisdiction
- Violations of all decrees, orders, and regulations promulgated personally by the President or under his direction following Proclamation No. 1081.
- Crimes by Armed Forces officers and enlisted personnel related to enforcement of Proclamation No. 1081 or related orders.
Rule on Concurrent Jurisdiction
- If jurisdiction is concurrent, the first court or tribunal to assume jurisdiction exercises it exclusively.
Transitory Provisions Regarding Pending and Newly Filed Cases
- Pending civil court cases shall continue in civil courts except cases involving subversion, sedition, insurrection, or rebellion which shall be transferred to military tribunals.
- Cases filed before September 22, 1972, except those involving specified crimes, shall be investigated and tried in civil courts.
- Cases involving subversion, sedition, insurrection, or rebellion shall be immediately forwarded to military tribunals.
- Cases within military courts’ exclusive jurisdiction, filed after September 22, 1972, will be investigated preliminarily by civil authorities but information filed in military tribunals.
Effect on Previous Orders
- This General Order modifies General Order No. 3 dated September 22, 1972 but affirms General Order No. 2-A dated September 26, 1972 remains in force.