Core authority and review board
- The Judge Advocate of the Philippine Constabulary must constitute, in his office, a board of review.
- The board of review consists of one or more officers of the Judge Advocate General’s Service assigned with the Judge Advocate Section, Philippine Constabulary.
- The review board examines records in cases covered by the order and issues written opinions to the Judge Advocate of the Constabulary.
Triggering review before Presidential action
- Before a record of trial is submitted to the President for approval or confirmation, it must be examined by the board of review.
- The Presidential approval/confirmation requirement applies where the sentence requires action by the President under Article 45, Article 47, or Article 51.
- The board of review must submit its opinions in writing to the Judge Advocate of the Constabulary.
- The Judge Advocate of the Constabulary must transmit the record, the board’s written opinion, and the Judge Advocate’s recommendations to the Chief of Constabulary for the President’s action.
When execution of certain sentences is barred
- No authority may order the execution of any other sentence of a Philippine Constabulary general court-martial involving (a) the penalty of death, (b) dismissal not suspended, (c) dishonorable discharge not suspended, or (d) confinement in a penitentiary unless the conditions in this section are met.
- Execution is prohibited unless, with the approval of the Judge Advocate of the Constabulary, the board of review has held the record of trial legally sufficient to support the sentence.
- A sentence may be executed notwithstanding this restriction where the reviewing or confirming authority approves a sentence involving dishonorable discharge or confinement in a penitentiary when the sentence is based solely on findings of guilty of charges and specifications to which the accused has pleaded guilty.
Board findings: legally sufficient vs legally insufficient
- If the board of review, with the approval of the Judge Advocate of the Constabulary, holds a record legally sufficient in a case where execution was withheld, the Judge Advocate of the Constabulary must advise the reviewing or confirming authority.
- The reviewing or confirming authority may then order execution of the sentence.
- If the board of review, with the Judge Advocate of the Constabulary’s approval, holds the record legally insufficient to support the findings or sentence either in whole or in part, or finds errors of law committed injuriously affecting the accused’s substantial rights, then:
- the findings and sentence must be vacated in whole or in part in accord with the board’s holding; and
- the record must be transmitted through proper channels to the convening authority for a rehearing or such other action as may be proper.
Judge Advocate non-concurrence and Presidential powers
- If the Judge Advocate of the Constabulary does not concur in the board of review’s holding, the Judge Advocate must forward all papers in the case directly to the Chief of Constabulary for the President’s action.
- The forwarded papers must include:
- the board of review’s opinion; and
- the Judge Advocate of the Constabulary’s dissent.
- The President may then confirm actions of the reviewing or confirming authority in whole or in part, with or without remission, mitigation, or commutation.
- The President may disapprove or vacate any finding of guilty in whole or in part, and may disapprove or vacate the sentence in whole or in part.
Rehearing after disapproval or vacatur
- When the President or any reviewing or confirming authority disapproves or vacates a sentence whose execution had not yet been duly ordered, the President may authorize or direct a rehearing.
- The rehearing must be held before a court composed of officers not members of the court that first heard the case.
- Upon rehearing, the accused may not be tried for any offense of which he was found not guilty by the first court.
- No sentence in excess of or more severe than the original sentence may be imposed unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings.
- A rehearing must be held in all cases where findings and sentence are vacated because the board of review (approved by the Judge Advocate of the Constabulary) held the record legally insufficient or identified errors of law injuriously affecting substantial rights, unless the action taken in accord with that board and the Judge Advocate’s recommendations is:
- approval in part only of the finding or sentence; or
- return of the record for revision; or
- dismissal by order of the reviewing or confirming authority.
- After the rehearing ordered by the President, the record of trial must be examined by the board of review and then transmitted by the Judge Advocate of the Constabulary, with the board’s opinion and recommendations, to the Chief of Constabulary for Presidential action.
Review of other records and Presidential dispositions
- Every record of trial by general court-martial of the Constabulary not otherwise provided for in the order must still be examined in the office of the Judge Advocate of the Constabulary.
- If that initial examination finds the record legally insufficient to support findings and sentence in whole or in part, the record must be examined by the board of review.
- If the board of review likewise finds legal insufficiency, the board must submit a written opinion to the Judge Advocate of the Constabulary.
- The Judge Advocate must transmit the record and the board’s opinion, together with the Judge Advocate’s recommendation, to the Chief of Constabulary for the President’s action.
- In these cases, the President may:
- approve, disapprove, or vacate any findings of guilty in whole or in part; and
- confirm, mitigate, commute, remit, or vacate any sentence in whole or in part.
- The President may restore the accused to all rights affected by the findings and sentence, or part thereof held invalid.
- The President’s necessary orders to implement these actions must bind all departments and officers of the Government.
Multiple boards and emergency cross-affairs
- The Judge Advocate of the Constabulary may constitute two or more boards of review in his office when necessary, with equal powers and duties.
- All records of trial of general or special court-martial of the Constabulary must, after being acted upon, be transmitted to the Judge Advocate of the Constabulary.
Emergency detail cases and swap of review responsibility
- During periods of emergency, court-martial charges against members of units of the Armed Forces of the Philippines, detailed or employed upon the President’s direction to assist the Philippine Constabulary, must be triable by Philippine Constabulary courts-martial.
- The review of those cases must be undertaken by the Office of the Judge Advocate General of the Army under the requirements of Article 47 and Article 51 of the Articles of War.
- In reverse situations, court-martial charges against members of Philippine Constabulary units detailed or employed by Presidential direction to assist the Armed Forces of the Philippines must be tried by courts-martial of the Armed Forces of the Philippines.
- The review of those reverse cases, as required by Article 47 and Article 51 of the Articles of War, must be handled by the Office of the Judge Advocate of the Constabulary in accordance with the procedure prescribed by this order.
Rehearing court composition and presidential binding orders
- The President’s rehearing directive requires a court composed of officers who are not members of the court that first heard the case.
- The President’s remedial directions restoring rights affected by invalid findings and sentences must be binding on government departments and officers.