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REPUBLIC ACT No.

75

AN ACT TO PENALIZE ACTS WHICH WOULD IMPAIR THE PROPER or domestic servant of any such ambassador or minister is arrested or
OBSERVANCE BY THE REPUBLIC AND INHABITANTS OF THE imprisoned, or his goods or chattels are distrained, seized, or attached,
PHILIPPINES OF THE IMMUNITIES, RIGHT, AND PRIVILEGES OF shall be deemed void, and every person by whom the same is obtained
DULY ACCREDITED FOREIGN DIPLOMATIC AND CONSULAR or prosecuted, whether as party or as attorney, and every officer
AGENTS IN THE PHILIPPINES concerned in executing it, shall upon conviction, be punished by
imprisonment for not more than three years and a fine of not exceeding
Section 1. Any person who shall falsely assume and take upon himself to two hundred pesos in the discretion of the court.
act as a diplomatic, consular, or any other official of a foreign government
duly accredited as such to the Government of the Republic of the Section 5. The provisions of section four hereof shall not apply to any
Philippines with intent to defraud such foreign government or the case where the person against whom the process is issued is a citizen or
Government of the Philippines, or any person, or in such pretended inhabitant of the Republic of the Philippines, in the service of an
character shall demand or obtain, or attempt to obtain from person or ambassador or a public minister, and the process is founded upon a debt
from said foreign government or the Government of the Philippines, or contracted before he entered upon such service; nor shall the said
from any officer thereof, any money, paper, document, or other thing, of section apply to any case where the person against whom the process is
value, shall be fined not more than five thousand pesos, or shall be issued is a domestic servant of an ambassador or a public minister,
imprisoned for not more than five years, or both, in addition to the unless the name of the servant has, before the issuing thereof, been
penalties that may be imposed under the Revised Penal Code. registered in the Department of Foreign Affairs, and transmitted by the
Secretary of Foreign Affairs to the Chief of Police of the City of Manila,
Section 2. Any person, other than a diplomatic or consular officer or who shall upon receipt thereof post the same in some public place in his
attaché, who shall act in the Republic of the Philippines as an agent of a office. All persons shall have resort to the list of names so posted in the
foreign government without prior notification to, and registration with, the office of the Chief of Police, and take copies without fee.
Secretary of Foreign Affairs shall be fined not more than five thousand
pesos, or imprisoned not more than five years, or both, aside from other Section 6. Any person who assaults, strikes, wounds, imprisons or in any
penalties that may be imposed by law. other manner offers violence to the person of an ambassador or a public
minister, in violation of the law of nations, shall be imprisoned not more
Section 3. Any person, who with intent to deceive or mislead, within the than three years, and fined not exceeding two hundred pesos, in the
jurisdiction of the Republic, wear any naval, military, police, or other discretion of the court, in addition to the penalties that may be imposed
official uniform, decoration, or regalia of any foreign State, nation or under the Revised Penal Code.
government with which the Republic of the Philippines is at peace, or any
uniform, decoration or regalia so nearly resembling the same as to be Section 7. The provisions of this Act shall be applicable only in case
calculated to deceive, unless such wearing thereof be authorized by such where the country of the diplomatic or consular representative adversely
State, nation, or government, shall upon conviction, be punished by a fine affected has provided for similar protection to duly accredited diplomatic
not exceeding two hundred pesos or imprisonment not exceeding six or consular representatives of the Republic of the Philippines by
months, or by both such fine and imprisonment. 1awphil-itc-alf prescribing like or similar penalties for like or similar offenses herein
contained.itc-alf

Section 4. Any writ or process sued out or prosecuted by any person in


any court of the Republic of the Philippines, or by any judge or justice, Section 8. This Act shall take effect upon its approval.
whereby the person of any ambassador or public minister of any foreign
State, authorized and received as such by the President, or any domestic Approved: October 21, 1946
Republic Act No. 7055             June 20, 1991 Section 3. Presidential Decrees Nos. 1822, 1822-A, 1850 and 1952, and
all acts, general orders, executive orders, and other presidential
AN ACT STRENGTHENING CIVILIAN SUPREMACY OVER THE issuances, rules and regulations inconsistent with this Act are hereby
MILITARY RETURNING TO THE CIVIL COURTS THE JURISDICTION repealed or amended accordingly.
OVER CERTAIN OFFENSES INVOLVING MEMBERS OF THE ARMED
FORCES OF THE PHILIPPINES, OTHER PERSONS SUBJECT TO Section 4. This Act shall take effect fifteen (15) days following its
MILITARY LAW, AND THE MEMBERS OF THE PHILIPPINE publication in the Official Gazette or in at least two (2) newspapers of
NATIONAL POLICE, REPEALING FOR THE PURPOSE CERTAIN general circulation.
PRESIDENTIAL DECREES
Approved: June 20, 1991.
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

Section 1. Members of the Armed Forces of the Philippines and other


persons subject to military law, including members of the citizens Armed
Forces Geographical Units, who commit crimes or offenses penalized
under the Revised Penal Code other special penal laws, or local
government ordinances regardless of whether or not civilians are co-
accused, victims, or offended parties which may be natural or juridical
persons, shall be tried by the proper civil court except when the offense,
as determined before arraignment by the civil court, is service-connected,
in which case the offense shall be tried by court-martial: provided, that
the President of the Philippines may, in the interest of justice, order or
direct at any time before arraignment that any such crimes or offenses be
tried by the proper civil courts.

As used in this Section, service-connected crimes or offenses shall be


limited to those defined in Articles 54 to 70, Articles 72 to 92, and Articles
95 to 97 of Commonwealth Act No. 408, as amended.

In imposing the penalty for such crimes or offenses, the court-martial may
take into consideration the penalty prescribed thereforee in the Revised
Penal Code, other special laws, or local government ordinances.

Section 2. Subject to the provisions of Section 1 hereof, all cases filed or


pending for filing with court-martial or other similar bodies, except those
where the accused had already been arraigned, shall within thirty (30)
days following the effectivity of this Act transferred to the proper civil
courts: provided, that the Chief of the Armed Forces of the Philippines
shall, upon petition before commencement of trial and with the written
consent of the accused, order the transfer of such excepted case or
cases to the proper civil courts for trial and resolution.

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