Title
Limitations on Military Tribunal Jurisdiction
Law
General Order No. 59
Decision Date
Jun 25, 1977
General Order No. 59 limits the jurisdiction of military tribunals in the Philippines, granting exclusive jurisdiction over certain cases to military personnel while allowing the President to transfer cases between military and civil courts in the public interest.

Jurisdiction of Civil Courts and Presidential Authority to Transfer Cases

  • Civil courts retain jurisdiction over offenses not listed under the military tribunals' exclusive jurisdiction.
  • The President has the authority to transfer cases between civil courts and military tribunals based on public interest.

Transfer of Pending Cases to Civil Courts

  • Cases not covered by military tribunal jurisdiction and yet to be arraigned must be immediately transferred to civil courts.
  • Cases where the accused has been arraigned may remain under military tribunal jurisdiction subject to guidelines issued by the Secretary of National Defense.

Repeal and Modification of Conflicting Orders and Laws

  • General Orders No. 49, 54, 57, Presidential Decree No. 33-A, and other conflicting orders or decrees are repealed or modified to conform with this Order.
  • Military tribunals retain jurisdiction over Articles of War offenses, not affected by this Order.

Immediate Effectivity

  • This General Order becomes effective immediately upon issuance.

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