Policy: civilian supremacy in trials
- Republic Act No. 7055 strengthens civilian supremacy over the military by returning jurisdiction over certain offenses to civil courts (title; Section 1).
- Section 1 restores civil court trial as the default for covered offenses committed by specified military and related persons.
- Section 1 preserves military jurisdiction only for offenses that are service-connected, as determined by the civil court before arraignment.
Covered persons and jurisdiction rule
- Section 1 covers (a) members of the Armed Forces of the Philippines, (b) other persons subject to military law, and (c) members of the Citizens Armed Forces Geographical Units.
- Section 1 covers offenses committed by the covered persons that are penalized under the Revised Penal Code, other special penal laws, or local government ordinances.
- Section 1 applies regardless of whether or not civilians are co-accused, victims, or offended parties which may be natural or juridical persons.
- Section 1 provides that covered crimes or offenses are tried by the proper civil court except when the offense is determined to be service-connected.
- Section 1 limits service-connected crimes or offenses to those defined in Articles 54 to 70, Articles 72 to 92, and Articles 95 to 97 of Commonwealth Act No. 408, as amended.
Service-connected offenses and timing
- Section 1 makes the civil court the decision-maker for service connection: the offense must be determined before arraignment by the civil court.
- If the civil court determines the offense is service-connected, the case must be tried by court-martial (Section 1).
- Section 1 defines service-connected crimes or offenses by reference to Commonwealth Act No. 408 provisions limited to Articles 54 to 70, Articles 72 to 92, and Articles 95 to 97.
- Section 1 directs how penalties interact in service-connected cases: when imposing the penalty, the court-martial may take into consideration the penalty prescribed for the offense in the Revised Penal Code, other special laws, or local government ordinances.
Transfer of existing cases to civil courts
- Section 2 requires that cases filed or pending for filing with a court-martial or other similar bodies (covered by Section 1) must be transferred to the proper civil courts within thirty (30) days following the effectivity of Republic Act No. 7055.
- Section 2 applies to cases except those where the accused had already been arraigned.
- Section 2 provides a mechanism for exceptions: the Chief of the Armed Forces of the Philippines may, upon petition and with the written consent of the accused, order the transfer of excepted case or cases to the proper civil courts for trial and resolution.
- Section 2 limits when transfer orders for excepted cases can be issued: it must be done upon petition before commencement of trial.
Repeal of inconsistent presidential issuances
- Section 3 repeals Presidential Decree Nos. 1822, 1822-A, 1850 and 1952.
- Section 3 also repeals or amends accordingly all acts, general orders, executive orders, and other presidential issuances, rules and regulations that are inconsistent with Republic Act No. 7055.
- Section 3 directs that inconsistency triggers repeal or amendment “accordingly,” using the Act’s jurisdiction rules as the controlling standard.
Definitions and referenced legal texts
- Republic Act No. 7055 uses the term “service-connected crimes or offenses” and defines it by limiting it to offenses defined in Articles 54 to 70, Articles 72 to 92, and Articles 95 to 97 of Commonwealth Act No. 408, as amended (Section 1).
- Section 1 ties jurisdiction decisions to the classifications in Commonwealth Act No. 408 (service connection) while the prosecuted offense may be under the Revised Penal Code, special laws, or local ordinances.
- Section 1 authorizes the court-martial, when imposing penalties for service-connected offenses, to consider the penalties prescribed in the Revised Penal Code, other special laws, or local government ordinances.