Rules on Arrest and Trial of US Military Personnel

Applies to crimes, misdemeanors, municipal ordinance violations, or breaches of law punishable by imprisonment of one year or less.
If arrested by civil authorities, the person must be immediately turned over to the nearest U.S. military or naval commanding officer.
The military or naval authorities will investigate and dispose of the matter according to relevant military or naval laws.

Complaints against such persons must be made to the proper commanding officer, not civilian courts.
The charges are to be investigated and resolved under military or naval law.

A written statement of charges including names and addresses of prosecution witnesses and the violated law or ordinance along with prescribed penalties must be furnished to the military or naval commanding officer.
A copy must be immediately sent to the Commanding General, Philippine Department, U.S. Army, or the Commandant, Sixteenth Naval District, U.S. Navy, depending on service attachment.

Applies to crimes punishable by imprisonment for more than one year.
When arrested in the commission of the offense by civil authorities, the accused is offered to the nearest U.S. military or naval commanding officer.
Custody transfer occurs only after receiving written acknowledgment from the commanding officer confirming custody pending civil trial.
The offender must be held ready for trial in a competent civil court if the civil authorities do not consent to military or naval disposal.

Complaints may be lodged with proper provincial fiscal or prosecuting attorney.
Applicable in courts with jurisdiction over the offense.
Disposition follows the same procedures as those arrested in commission as per earlier provisions.

Applies to offenses punishable by more than one year involving motor vehicles.
Regardless of arrest by civil authorities, the accused must be placed in custody of the nearest U.S. military or naval commanding officer.
Investigation and disposition according to military or naval laws are mandatory.

Covers crimes committed on U.S. military or naval reservations,
Also includes offenses committed while engaged in U.S. military or naval duties.
Regardless of arrest by civil authorities, immediate custody by military or naval authorities is required.
Charges must be investigated and disposed of per military or naval law.

Military or naval proceedings do not impair the offended party’s right to pursue civil claims in competent civil courts in the Philippines.

Executive Orders Numbered Fifty (1912), Two Hundred Ten (1929), and Administrative Order Forty-three (1937) are revoked.

The order was promulgated in Manila on April 30, 1938, by President Manuel L. Quezon with the Secretary to the President executing it.