AMENDING SECTION 1, P.D. NO. 1822, PROVIDING FOR TRIAL BY COURTS-MARTIAL OF MEMBERS OF THE ARMED FORCES CHARGED WITH OFFENSES RELATED TO THE PERFORMANCE OF THEIR DUTIES.

WHEREAS, under P.D. No. 1822, members of the Armed Forces of
the Philippines in the active service who commit crimes in relation to their
office are considered excluded from the jurisdiction of the Tanodbayan and the
Sandiganbayan even after the lifting of Martial Law;

WHEREAS, such officers, soldiers and personnel of the Armed
Forces including the Philippine Constabulary charged with any crime or offense
related to the performance of their duties shall be exclusively tried and
punished as a court martial may direct pursuant to the Articles of War as
provided for in said presidential decree;

WHEREAS, there are special cases wherein members of the
Armed Forces are jointly tried with members of the Integrated National Police or
with civilians; and

WHEREAS, to avoid the splitting of jurisdiction on such
special cases where members of the Armed Forces of the Philippines, are charged
together with defendants who do not fall within the jurisdiction of courts
martial, it becomes imperative to charge and try them jointly.

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

“SECTION 1. Any provision of existing law to the contrary
notwithstanding, all officers, soldiers and personnel in the active service of
the Armed Forces of the Philippines, or of the Philippine Constabulary charged
with any crime or offense related to the performance of their duties shall
exclusively be tried and punished as a court martial may direct pursuant to the
Articles of War; Provided, however, that in all cases or crimes wherein
the respondents or accused are the members of the Armed Forces of the
Philippines in the active service together with civilians and other non-members
of the Armed Forces, or in any other case in which the interest of justice
requires, the President of the Philippines may waive the provisions of this
Decree for the purpose of having all the respondents or defendants investigated
by the Tanodbayan and tried by the Sandiganbayan.”

This decree shall take effect immediately.

Done in the City of Manila, this 16th day of January, in the year of Our
Lord, nineteen hundred and eighty-one.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JUAN C. TUVERA
		Presidential Executive Assistant

Vol. 25, Vital Documents, Presidential Decree 1980-1981