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ABSTRACT

This paper will explore the legal feasibility of creating a permanent court

martial that will deviate from the current status quo of an ad hoc style of our

court-martial system. It also proposes that such court having quasi-judicial powers

shall take cognizance of criminal offenses committed by all personnel of the

Armed Forces of the Philippines


Acknowledgement

In writing this paper I thank no less than almighty God for giving me the

guidance and encouragement in continuing this paper, he is my light in the

darkness, my family who continuously support me, my girlfriend who has

inspired continuously in hopes of finishing my law degree and Atty. Jack

Miranda, my thesis advisor who helped me by painstakingly reading my paper

and asking for its revisions.


Dedication

I dedicate this paper to my country the Republic of the Philippines in

which decades of insurgency and internal fighting has hindered its potential for

greatness. Specially, I dedicate this paper to the men and women serving in the

armed forces who are under constant threat from the enemies who call for the

downfall of the republic and from leftist lawmakers constituting the legal arm of

insurgent groups who constantly weaken the stature of the armed forces.
Table of Contents

Page Topic
1 Introduction
6 Review of Related

Literature
31 Research

Methodology
32 Summary, Findings

and Discussions
34 Conclusions and

Recommendations

Bibliography

Commonwealth act 408 as amended by Republic Act nos. 516 and 242,

Presidential Decree Nos. 1968 and 1156, AN ACT FOR MAKING FURTHER
AND MORE EFFECTUAL PROVISION FOR THE NATIONAL DEFENSE BY

ESTABLISING A SYSTEM OF MILITARY JUSTICE FOR THE PERSONS

SUBJECT TO MILITARY LAW

Republic Act 7055 AN ACT STRENGTHENING CIVILIAN SUPREMACY

OVER THE MILITARY RETURNING TO THE CIVIL COURTS THE

JURISDICTION OVER CERTAIN OFFENSES INVOLVING MEMBERS OF

THE ARMED FORCES OF THE PHILIPPINES, OTHER PERSONS SUBJECT

TO MILITARY LAW, AND THE MEMBERS OF THE PHILIPPINE

NATIONAL POLICE, REPEALING FOR THE PURPOSE CERTAIN

PRESIDENTIAL DECREES

Article VII section 18 of the 1987 Constitution, Executive Department

Article II section 3 of the 1987 Constitution, State Policies

Jamar M. Kulayan vs Governor Abdusakur M. Tan (GR No. 187298, July, 3

2012)

First Class Cadet Aldrin Jeff P. Cudia vs Superintendent of the Philippine

Military Academy (GR. No. 211362, February 24, 2015)

Article VIII sec.1 of the 1987 Constitution, Judicial Department

Integrated Bar of The Philippines vs Hon. Ronaldo B. Zamora (GR. No. 141284,

August 15, 2000)

Luis B. Reyes (2015, The Revised Penal Code: Criminal Law Book One)
1Lt. Julius B. Navales vs Gen. Narciso Abaya (GR. No. 162318, October 25,

2004)

Gail U. Fule vs Philippine Veterans Bank (GR. No. 189571, January 21, 2015)

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