INCREASING THE JURISDICTION OF THE CIRCUIT CRIMINAL COURTS

WHEREAS, the Circuit Criminal Courts created under Republic
Act No. 5179, dated September 8, 1967 have only limited jurisdiction
concurrent with the Courts of First Instance to try certain specific
cases falling under the original and exclusive jurisdiction of the
latter;

WHEREAS, miscarriages of justice had often resulted when
complex crimes filed with the Circuit Criminal Courts where dismissed
because not all the elements of the offense cognizable by the Circuit
Criminal Court could be proved — as in kidnapping with murder, where the
latter offense could not be proved and leaving only kidnapping over
which offense the Circuit Criminal Courts have no jurisdiction; and

WHEREAS, it is necessary to place within the concurrent
jurisdiction of the Courts of First Instance and the Circuit Criminal
Courts offenses, whether simple or complex and not otherwise falling
under the exclusive jurisdiction of military tribunals, where the
penalty provided by law is life imprisonment or death, or within the
range of said penalties;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972 and General
Order No. 1, dated September 22, 1972, as amended, do hereby decree as
follows:

SECTION 1. Section 1 of Republic Act No. 5179 is hereby
amended so as to include the following provision:

“SEC. 1-A. The Circuit Criminal Courts shall have
concurrent jurisdiction with the Courts of First Instance over crimes,
whether simple or complex, which may be punishable by reclusion
perpetua or death: Provided, however, That were the
offense charged is a complex crime and only the lesser offense which is
punishable by a penalty less than reclusion perpetua is proved,
the court shall not dismiss the case but shall decide the same and
impose the corresponding penalty.”

SEC. 2. This amendment shall take effect immediately.

SEC. 3. This Decree shall take effect immediately.

Done in the city of Manila, this 12th day of February, in the year
of Our Lord, nineteen hundred and seventy-three.