Law Summary
Segregation of Criminal Cases Involving Civilian and Military/Police Accused
- When a case involves co-accused persons both military/INP members and civilians, the civilian cases shall be separated and tried by appropriate civil courts.
- Civilians may waive civil court jurisdiction in writing to submit to court-martial jurisdiction, allowing the entire case to be tried by court-martial.
Appointment of Courts-Martial
- The President and the Chief of Constabulary/Director General, INP, are authorized to appoint general, special, and summary courts-martial for INP personnel.
- Regional Commanders/Directors may appoint special and summary courts-martial and, if empowered by the President, general courts-martial.
- Subordinate field commanders may appoint summary courts-martial when empowered by the President.
- For cases involving both military and INP personnel, courts-martial appointments follow Articles 8-11 of Commonwealth Act No. 408.
Composition of Courts-Martial
- General or special courts-martial trying INP members must include military and INP personnel.
- At least one-third of the court membership must be Integrated National Police personnel.
Administrative Actions Parallel to Court-Martial
- Initiating court-martial proceedings against INP personnel does not prevent concurrent administrative actions under existing laws.
Transitory Provisions on Pending Cases
- Cases against active service military or INP personnel already pending in civil courts at the decree’s effectivity shall continue in civil courts.
- Cases not yet pending shall be tried by courts-martial in accordance with the decree.
Promulgation of Rules
- The Chief of Staff of the Armed Forces is tasked to formulate necessary rules and regulations.
- Such rules require the recommendation of the Minister of National Defense and approval by the President.
Appropriations
- An initial appropriation of two million pesos or a portion thereof is allocated for implementing this decree.
- Subsequent necessary funding will be included in the Integrated National Police’s annual appropriation.
Repealing Clause
- All laws, rules, and regulations inconsistent or contrary to this decree are repealed or modified accordingly.
Effectivity
- The decree takes effect immediately upon promulgation on October 4, 1982.