AMENDING PRESIDENTIAL DECREE NO. 39, DATED NOVEMBER 7, 1972 TO CONFER ON MILITARY COMMISSION AND PROVOST COURTS THE JURISDICTION TO TRY MILITARY PERSONNEL FOR VIOLATIONS OF THE …

WHEREAS, the rules governing the creation, composition,
jurisdiction, procedure, and other matters relevant to military tribunals
promulgated pursuant to Presidential Decree No. 39, dated November 7, 1972, did
not confer on military commissions and provost courts the jurisdiction to try
military personnel for strictly military offenses in violation of the Articles
of War; and

WHEREAS, in order to expedite the disposition of such
offenses, it is necessary that the military commissions and provost courts
referred to in the aforesaid Presidential Decree No, 39 be conferred the
jurisdiction to try and dispose of the same;

NOW, THEREFORE, I, FERDINAND E. MARCOS, pursuant to
Proclamations Nos. 1081, dated September 21, 1972, and No. 1104, dated January
17, 1973, and in my capacity as Commander-in-Chief of all the Armed Forces of
the Philippines, do hereby order and decree that the following portion of the
rules governing the creation, composition, jurisdiction, procedure, and other
matters relevant to military tribunals is amended to read as follows:

“3. Jurisdiction. — All crimes and offenses, including those defined
and penalized under Commonwealth Act. No. 408, otherwise known as the ‘Articles
of War,’ as amended, which are properly chargeable under said Act even if
committed prior to the effectivity of this Decree, shall be referred to military
commissions where the range of punishment that may be imposed is confinement for
at least six years and one day or fine of not less than two thousand pesos, and
to provost courts where the range of punishment that may be imposed is less than
the afore-stated punishments; Provided, That the appointing authority
in each particular case shall not be precluded “from referring the case to a
court-martial for trial or from taking action under Article of War 105 or any
other appropriate action consistent with the interest of justice, discipline and
exigencies of the military service: Provided, further, That a
commissioned officer shall not be tried by a Provost Court.”

All provisions in the aforesaid rules, other general orders, decrees, and
letters of instructions which are in conflict with this Decree are hereby
modified, amended superseded or repealed to conform herewith.

Done in the City of Manila, this 26th day of July, in the year of Our Lord,
nineteen hundred and seventy-three.

			(Sgd.) FERDINAND E. MARCOS President Republic of the Philippines
	By the President:
	(Sgd.) ROBERTO V. REYES
		Assistant Executive Secretary