General Order No. 57




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ GENERAL ORDER NO. 57, December 24, 1976 ] WHEREAS, in the public interest, the prosecution of cases involving certain offenses should be expeditiously handled in order that justice may be impartially administered without unnecessary delay; WHEREAS, among such offenses are those committed by persons who are detained in detention centers of the Armed Forces of the Philippines, and those committed by members of the Integrated National Police and the Integrated Civilian Home Defense Forces because of the nature of their position in the community; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order that: Section 1. The Military Tribunals created pursuant to General Order No. 8, dated September 27, 1972, and Presidential Decree No. 39, dated November 7, 1972, as amended, shall have exclusive jurisdiction to try and decide the following cases, in addition to the cases enumerated in General Orders No. 49, dated October 4, 1974, and No. 54, dated October 22, 1975: a. Those involving offenses committed during their detention by persons who have been arrested and confined in detention centers of the Armed Forces of the Philippines, where such detention is by virtue of a charge falling within the exclusive jurisdiction of, and is awaiting or pending trial by, the Military Tribunals; and b.ℒαwρhi৷ Those involving offenses committed either by uniformed and/or regular members of the Integrated National Police or by duly appointed members of the Integrated Civilian Home Defense Forces whenever a firearm is used by such members of the INP or ICHDF in the commission thereof, whether or not the offender is authorized to carry such firearm outside of residence. Section 2. Cases belonging to any of the foregoing categories which are pending before the civil courts and where the accused has already been arraigned as of the date of effectivity of this Order, shall remain with, and be decided by, the civil courts. All other cases shall be tried by the Military Tribunals. Section 3. Whenever there are two or more accused at least one of whom is a member of the Integrated National Police or the Integrated Civilian Home Defense Forces, jurisdiction over the case shall be determined in the manner provided by Section 1, paragraph 1, of General Order No. 49, dated October 4, 1974. Section 4. This General Order takes effect upon approval. Section 5. All laws, decrees, orders and rules and regulations which are inconsistent herewith are hereby repealed or amended accordingly. Done in the City of Manila, this 24th day of December, in the year of Our Lord, nineteen hundred and seventy-six. (Sgd.) FERDINAND E. MARCOS President Republic of the Philippines By the President: (Sgd.) JACOBO C. CLAVE Presidential Executive Assistant The Lawphil Project - Arellano Law Foundation