QuestionsQuestions (LETTER OF INSTRUCTIONS NO. 621)
Under LOI No. 621, “arrest” is the taking of a person into physical custody for having committed, or being involved in the commission of, any of the crimes or offenses or acts mentioned in General Order No. 60 (June 24, 1977).
LOI No. 621 defines inquest as the proceedings conducted for the purposes stated in Section 6 of the LOI—e.g., identifying the arrested person, determining probable cause (especially for citizen’s arrests), checking physical condition, verifying constitutional compliance regarding admission/confession, investigating possible maltreatment/torture, and accounting for confiscated articles.
In Metropolitan Manila, the Constabulary Judge Advocate (CJA) is the Inquest Authority for arrests effected by members of the AFP, the Integrated National Police, and other law enforcement agencies, including arrests by private persons pursuant to Section 6, Rule 113, except arrests by members of the PCM and MPF. For PCM and MPF arrests, the Staff Judge Advocate, PCM is the Inquest Authority.
The Judge Advocate General is the Chief Inquest Authority with the function of assisting and advising the Secretary of National Defense on inquest matters, supervising inquests, and sending inquest teams to assist local authorities. Matters pertaining to inquests not specifically covered are referred to him, and he may designate senior JAGS officers to perform inquest functions nationwide as needed.
Inquest is conducted to: (1) properly identify the arrested person; (2) determine whether probable cause exists in citizen’s arrests; (3) determine or cause determination of the arrested person’s physical condition; (4) verify whether any admission/confession was taken strictly in accordance with Section 20, Article IV of the Constitution; (5) determine whether maltreatment/torture occurred and institute charges immediately if so; and (6) ensure confiscated items/documents/effects are properly accounted for and covered by receipts.
Persons arrested under General Order No. 60 must be delivered to the concerned Inquest Authority within: (1) 18 hours for light felonies/offenses (1–30 days and/or fine < P200); (2) 48 hours for less grave felonies/offenses (1 month 1 day to 6 months and/or fine ≤ P6,000); and (3) 72 hours for grave felonies/offenses (> 6 months and/or fine > P6,000).
A person is considered as facing charges when: (1) arrest was by virtue of an arrest/search/seizure order (probable cause was already determined); (2) arrest was pursuant to a court (civil or military) warrant/order of arrest; (3) after inquest for citizen’s arrests, the Inquest Authority is satisfied there is probable cause; or (4) the person is an escaped prisoner under Rule 113, Sec. 6(c).
It includes: (1) issuing commitment orders for detention (after finding probable cause in citizen’s arrests; or upon confirmation of identity for persons arrested via ASSO/warrant); (2) directing release when no probable cause exists in citizen’s arrest or if the person is not the one named in the ASSO/warrant; (3) ensuring referral/delivery of the person and records to the proper fiscal/court if probable cause exists but the offense is not a ground for detention under General Order No. 60 or the case is not within military tribunal jurisdiction (unless otherwise provided by law); and (4) preferring charges within 24 hours after delivery or within a reasonable time thereafter.
If probable cause exists but the offense is not a ground for detention under General Order No. 60, or if the offense is a ground but the case is not within the jurisdiction of military tribunals, the arresting officer (as implemented under the LOI’s procedure) must refer/deliver without delay the person and record to the proper fiscal/court for disposition (subject to applicable rules and regulations).
As a rule, only persons charged with offenses triable by military tribunals are detained in military detention centers, while those arrested for offenses triable by civil courts are detained in the proper prison/jail. However, the Secretary of National Defense may order a contrary disposition for national security and public order, including segregation based on security, morality, convenience, and other cogent considerations.
The policy of government against torture or any other form of cruel, inhuman or degrading treatment of detainees remains inviolable. The LOI also requires scrupulous adherence to constitutional rights, including the right to speedy disposition of cases, as well as segregation and basic necessities of life.
Examples include: (1) arrests with firmness and impartiality but with due regard to rights and dignity; (2) proper and seasonable reporting/accounting of arrests to preclude malpractices; (3) no torture or cruel/inhuman/degrading treatment; (4) respect for constitutional rights, including speedy disposition; (5) ensure detainees are accorded basic necessities and observe segregation based on sex/morality/security; (6) adopt measures to improve relationship between detainees and custodians; (7) continuing evaluation of arrest procedures and punitive/corrective mechanisms for infractions.
Release is either temporary or permanent. Temporary release occurs before the final result/disposition of the case. Permanent release occurs upon termination/final disposition of the case (e.g., acquittal, dismissal, final disposition without conviction), or upon grant of pardon/amnesty (subject to conditions), except when detained for another valid ground.
Temporary release may be granted for humanitarian considerations and/or upon such other grounds as the Secretary of National Defense shall prescribe. It may be granted prior to trial, during trial, or after trial awaiting final action/review.
Preliminary investigation must be conducted and terminated within three (3) months from the date the records are received by the designated officer, unless an extension is cogently justified by the circumstances of each case.
The court/fiscal taking cognizance must require the investigating law-enforcement agency to complete immediately the submission of prosecution evidence, and then dispose of the case pursuant to Presidential Decree No. 77 (as amended by PD 911).
It provides that arrest, detention, and other restraint of AFP personnel, as well as their release, may be done in accordance with Commonwealth Act No. 408 (Articles of War, as amended) and Executive Order No. 178, series of 1938 (Manual for Courts-Martial, as amended).