Law Summary
Transfer of Cases from Military to Civil Courts
- Cases filed or pending with court-martials, except those where the accused has been arraigned, must be transferred to civil courts within thirty (30) days from the law’s effectivity.
- The Chief of the AFP, with the accused's written consent and before trial commences, can order transfer of even arraigned cases to civil courts.
Repeal of Inconsistent Laws and Issuances
- Presidential Decree Nos. 1822, 1822-A, 1850, and 1952 are repealed or amended to conform with this Act.
- All acts, general orders, executive orders, presidential issuances, rules, and regulations inconsistent with this Act are repealed or amended accordingly.
Effectivity of the Act
- The law takes effect fifteen (15) days after its publication in the Official Gazette or at least two (2) newspapers of general circulation.
Key Legal Concepts and Principles
- Emphasis on strengthening civilian supremacy over the military by prioritizing civil court jurisdiction.
- Clear demarcation between ordinary crimes and service-connected offenses, with only the latter remaining under military jurisdiction.
- Presidential authority to ensure fairness by directing appropriate forum for trial.
- Transition mechanism for cases to promote uniformity and compliance with civilian judicial processes.