Legal basis and triggering martial law orders
- General Order No. 3 (dated September 22, 1972) and General Order No. 3-A (dated September 24, 1972) direct that certain offenses withdrawn from the judicial department be tried by special civil and military tribunals that may be created by the President or upon his orders.
- General Order No. 8 (dated September 27, 1972) empowers the Chief of Staff of the Armed Forces of the Philippines to create military tribunals to try and decide cases of military personnel and other cases referred to them.
- General Order No. 12 (dated September 30, 1972) and General Order No. 12-A (dated October 2, 1972) make certain offenses exclusively cognizable by military tribunals or cognizable by military tribunals concurrently with civil courts.
- Presidential Decree No. 39 is promulgated to provide rules of procedure and other matters for an orderly administration of justice in cases triable by military tribunals.
Confirmation of prior actions
- Presidential Decree No. 39 confirms all actions taken pursuant to Circular M-1, General Headquarters, Armed Forces of the Philippines dated October 2, 1972.
Implementing instructions by military leadership
- The Chief of Staff shall issue and promulgate implementing instructions for military tribunals with the approval of the Secretary of National Defense.
- Implementing instructions must be not inconsistent with Presidential Decree No. 39.
Declaration of purpose and intent
- The decree exists to enable an orderly administration of justice for offenses triable by military tribunals under the martial-law framework created by the cited proclamations and general orders.
Effect on law of the land
- Presidential Decree No. 39 promulgates and decrees the attached “Rules Governing the Creation, Composition, Jurisdiction, Procedure, and Other Matters Relevant to Military Tribunals” as part of the law of the land.