he commandant of the Zone, who shall appoint a judge and a secretary,
who shall begin suit in the form prescribed in the instructions dated
the 20th of the present month. If the accused shall be of the grade of
lieutenant or higher, the said commandant shall himself be the judge,
and if the latter shall be the accused, the senior commandant of the
Province shall name as judge an officer who holds a higher grade,
unless the same senior commandant shall himself have brought the
suit. The judge shall always belong to the class of chiefs.
Article XXVI. On the conclusion of the preliminary hearing, the senior
commandant shall designate three officers of equal or higher rank to
the judge and the military court shall consist of the said officers,
the judge, the councilor and the President. The latter shall be the
commandant of the Zone, if the accused be of the grade of sergeant or
less, and the senior commandant if he be of the grade of lieutenant
or higher. This court shall conduct the trial in the form customary
in the Provincial courts, but the judgment shall be appealable to
the higher courts of war.
Article XXVII. The superior court shall be composed of six members,
who shall hold rank not less than brigadier generals, and the judge
advocate. If the number of generals present in the capitol of the
revolutionary government shall not be sufficient the deficiency
shall be supplied by representatives designated and commissioned by
congress. The president of the court shall be the general having the
highest rank of all, and should there be more than one having equal
rank, the president shall be elected from among them by absolute
majority of votes.
Article XXVIII. The superior court shall have jurisdiction in all
cases affecting the higher commandants, the commandants of Zones and
all officers of the rank of major or higher.
Article XXIX. Commit Military Crimes: 1st. Those who fail to grant the
necessary protection to foreigners, both in their persons and property,
and those who similarly fail to afford protection to hospitals and
ambulances, including persons and effects which may be found in
possession of one or the other, and those engaged in the service of
the same, provided always they commit no hostile act. 2d. Those who
fail in the respect due to the lives, money and jewels of enemies who
lay down their arms, and of prisoners of war. 3d. Filipinos who place
themselves in the service of the enemy acting as spies
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