Title
Arrest/Detention for Crimes vs Persons under Art. 248-249
Law
General Order No. 2-d
Decision Date
Nov 7, 1972
General Order No. 2-D authorizes the arrest and detention of individuals involved in murder and homicide cases, aiming to strengthen law enforcement efforts and protect witnesses from harassment, intimidation, or terrorization.

Questions (GENERAL ORDER NO. 2-D)

It authorizes the arrest and detention of any person who may have been known or found to have committed the crimes of murder or homicide under Articles 248 and 249, when such persons are reported to be harassing, intimidating, or terrorizing the witnesses against them.

Murder (Article 248) and homicide (Article 249).

It further amends General Order No. 2 dated September 21, 1972, as amended by General Orders 2-A, 2-B, and 2-C.

The person is reportedly harassing, intimidating, or terrorizing the witnesses against them.

It indicates that the authority is triggered not only by a final finding of guilt, but also by prior knowledge or being found (in the relevant context) to have committed the offense.

Any person or persons known or found to have committed murder or homicide who reportedly harass, intimidate, or terrorize the witnesses against them.

It addresses conduct that harasses, intimidates, or terrorizes the witnesses against the accused.

It aims to secure the integrity of witness testimony and prevent witness intimidation by enabling arrest and detention of suspects who intimidate witnesses.

It adds paragraph “22” stating that persons known or found to have committed murder or homicide who reportedly harass, intimidate, or terrorize the witnesses may be arrested and detained.

It includes both murder (Article 248) and homicide (Article 249).

It was signed by Ferdinand E. Marcos, President of the Republic of the Philippines.

Alejandro Melchor, Executive Secretary.

It was dated November 7, 1972 and “Done in the City of Manila.”

The conduct is presented as a reported behavior that, when linked to the suspect’s alleged commission of murder or homicide, supports authorization for arrest and detention.

First, involvement in murder or homicide under Articles 248 or 249. Second, the person reportedly harasses, intimidates, or terrorizes the witnesses against them.


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