PROVIDING FOR THE TRIAL BY COURTS-MARTIAL OF MEMBERS OF THE INTEGRATED NATIONAL POLICE AND FURTHER DEFINING THE.JURISDICTION OF COURTS-MARTIAL OVER MEMBERS OF THE ARMED FORCES O…

WHEREAS, under Section 12, Article XV of the Constitution,
the State shall establish and maintain an integrated national police force whose
organization, administration, and operation shall be provided by law;

WHEREAS, under and pursuant to existing laws, the various
municipal/city police and fire departments and jails have been integrated into
law-enforcement units under the operational control and organization set-up of
the Philippine Constabulary;

WHEREAS, in the interest of discipline and public service,
it is desirable that members of the Integrated National Police be subject to
trial by courts-martial under Common-wealth Act No. 408, as amended, otherwise
known as the “Articles of War for the Armed Forces of the Philippines, for all
crimes or offenses which are heretofore cognizable
by the civil courts;

WHEREAS, as a complementary measure, there is a, need to
clarify existing provisions of law relating to jurisdiction of courts-martial
and the Tanodbayan/Sandiganbayan and .the regular civil courts over crimes and
offenses committed by members of the Armed Forces of the Philippines.

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. Court-Martial Jurisdiction over Integrated
National Police and Members of the Armed Forces – Any provision of to the
contrary notwithstanding – (a) uniformed members of Integrated National Police
who commit any crime of offense cognizable by the civil courts shall henceforth
be exclusively tried by courts-martial pursuant to and in accordance with
Commonwealth Act No. 408, amended, otherwise known as the Articles of War; (b)
all persons subjects 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 before hand unless otherwise provided
by law.

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

SEC. 2. Segregation of Criminal Cases of Armed Forces
and Integrated National Police from Civilian Co-accused.

—In cases where there are two or more accused one or some of whom is or are
civilian (s), the case against the latter shall be segregated from accused Armed
Forces or Integrated National Police member, and filed with the appropriate
civil court for trial in accordance with existing laws; Provided,
however, that should such civilian accused waive in writing civil court
jurisdiction and submit himself to court-martial jurisdiction, then the whole
case involving members of the Armed Forces or the Integrated National Police as
well as the civilian(s) shall be referred for trial to a court-martial.

SEC. 3. Appointing Authorities.—

1. Where uniformed member(s) of the Integrated National Police are
   charged—The President of the Philippines and the Chief of
   Constabulary/Director General, Integrated National Police are hereby empowered
   to appoint general, special and summary courts-martial for the trial of
   uniformed members of the Integrated National Police. The Constabulary Regional
   Commanders/Directors, Integrated National Police may appoint special and summary
   courts-martial, and when empowered by the President, they may also appoint
   general courts-martial. Other subordinate field commanders of the Philippine
   Constabulary/Integrated National Police may appoint summary courts-martial when
   empowered by the President.
2. Where military personnel and Integrated National Police members are
   commonly charged— The court-martial shall be appointed by the appointing
   authorities specified in Articles 8, 9, 10 and 11 of Commonwealth Act No. 408,
   as amended.

SEC. 4. Composition of Courts-martial.—Membership,
whether military personnel or Integrated National Police members, in a general
or special court-martial for the trial of a member of the Integrated National
Police shall be in a ratio as determined by the appointing authority;
Provided, however, that the number of Integrated National Police
personnel detailed shall not be less than one-third of the total membership of
the court.

SEC. 5. Administrative Action.—Court-martial action
against uniformed personnel of the Integrated National Police as herein provided
shall not preclude the taking of administrative action against said personnel as
may be warranted pursuant to the provisions of existing law.

SEC. 6. Transitory Provisions.—All cases pending
before the civil courts against military personnel in the active service of the
Armed Forces of the Philippines or against Integrated National Police personnel
where, on the effective date of this Decree, the accused have been arraigned,
shall continue to be tried and decided by said civil courts. All other cases
against such personnel shall be tried by courts-martial or disposed of pursuant
to this Decree.

SEC. 7. Promulgation of Rules.—The Chief of Staff,
AFP shall formulate rules and regulations necessary to carry out the provisions
of this Decree, which shall, upon recommendation of the Minister of National
Defense, be subject to the approval of the President.

SEC. 8. Appropriating.—The amount of two million
pesos or portion thereof, which are contrary to, or inconsistent with, the
provisions of this Decree and, thereafter, such amounts as may be necessary for
this purpose shall be included in the annual appropriation of the Integrated
National Police.

SEC. 9. Repealing Clause. — All laws,
rules and regulations, or portion thereof, which are contrary to, inconsistent
with, the provisions of this Decree, are hereby repealed or modified
accordingly.

SEC. 10. Effectivity. — This Decree shall
take effect immediately.

Done in the City of Manila, this 4th day of October, in the year of Our Lord,
nineteen hundred and eighty-two.

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