Withdrawal of Jurisdiction from Civil Courts
- Certain offenses removed from ordinary judicial department jurisdiction.
- Cases directed to be tried by special civil and military tribunals.
- These tribunals created by presidential order.
Authority to Establish Military Tribunals
- Chief of Staff of the Armed Forces empowered to create military tribunals.
- Military tribunals to try military personnel cases and other referred cases.
Exclusive and Concurrent Jurisdiction of Military Tribunals
- By General Orders No. 12 and 12-A, military tribunals have exclusive jurisdiction over certain offenses.
- Military tribunals may also have concurrent jurisdiction with civil courts over other offenses.
Rationale for Promulgation of Rules
- Need for orderly administration of justice in military tribunal cases.
- Presidential decree promulgates comprehensive procedural rules and related matters.
Scope and Effectivity of the Decree
- Covers creation, composition, jurisdiction, procedures, and other relevant matters of military tribunals.
- Chief of Staff, with Secretary of National Defense approval, to issue implementing instructions consistent with the rules.
- Confirmation of previous actions taken under Circular M-1, General Headquarters, AFP.
- Immediate effectivity upon promulgation on November 7, 1972.
Executive Authority and Enforcement
- Decree issued by President Ferdinand E. Marcos as Commander-in-Chief under constitutional authority.
- Emphasizes strict adherence by all concerned to the promulgated rules.
- Ensures military tribunals operate under direct command and supervision of the military leadership and executive branch.