Title
Trial of INP and AFP by Courts-Martial
Law
Presidential Decree No. 1850
Decision Date
Oct 4, 1982
Presidential Decree No. 1850 establishes trial by courts-martial for members of the Integrated National Police (INP) and clarifies the jurisdiction of courts-martial over members of the Armed Forces of the Philippines (AFP), aiming to ensure discipline and public service by subjecting INP members to trial by courts-martial for crimes previously under the jurisdiction of civil courts.

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.

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