PRESIDENTIAL DECREE NO. 1952, September 05, 1984

AMENDING SECTION ONE OF PRESIDENTIAL DECREE NO. 1850, ENTITLED, “PROVIDING FOR THE TRIAL BY COURTS-MARTIAL OF MEMBERS OF THE INTEGRATED NATIONAL POLICE AND FURTHER DEFINING THE …

Presidential Decrees September 5, 1984



WHEREAS, under existing laws, members of the Armed Forces of
the Philippines and the Integrated National Police accused of any crime or
offense are triable only in the appropriate courts-martial;

WHEREAS, it may be necessary in certain cases, in the
interest of justice, for the President of the Philippines to waive court-martial
jurisdiction.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby
order and decree:

SECTION 1. Section 1 of Presidential Decree No. 1850 is
hereby amended to read as follows:

“Section 1. Court Martial Jurisdiction over Integrated National Police and
Members of the Armed Forces. Any provision of law to the contrary
notwithstanding— (a) uniformed members of the Integrated National Police who
commit any crime or offense cognizable by the civil courts shall henceforth be
exclusively tried by courts-martial pursuant to and in accordance with
Commonwealth Act No. 408, as amended, otherwise known as the Articles of War;
(b) all persons subject to military law under Article 2 of the aforecited
Articles of War who commit any crime or offense shall be exclusively tried by
courts-martial or their case disposed of under the said Articles of War;
Provided, that, in either of the aforementioned situations, the case
shall be disposed of or tried by the proper civil or judicial authorities when
court-martial jurisdiction over the offense has prescribed under Article 38 of
Commonwealth Act Numbered 408, as amended, or court-martial jurisdiction over
the person of the accused military or Integrated National Police personnel can
no longer be exercised by virtue of their separation from the active service
without jurisdiction having duly attached beforehand unless otherwise
provided by law: PROVIDED FURTHER, THAT THE PRESIDENT MAY, IN
THE INTEREST OF JUSTICE, ORDER OR DIRECT, AT ANY TIME BEFORE ARRAIGNMENT, THAT A
PARTICULAR CASE BE TRIED BY THE APPROPRIATE CIVIL COURT.

As used
herein, the term uniformed members of the Integrated National Police shall refer
to police officers, policemen, firemen and jail guards.”

SEC. 2. This Decree shall take effect immediately.

Done in the City of Manila this 5th day of September, in the year of Our
Lord, nineteen hundred and eighty-four.

 

(Sgd.) FERDINAND E. MARCOS
President of the
Philippines

   

 

By the President:  
 
(Sgd.) JUAN C. TUVERA  
  Presidential Executive Assistant