Question & AnswerQ&A (VALENZUELA CITY ORDICE NO. 273 Series of 2016)
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, dated June 24, 1977.
Arrests, searches, or seizures can be effected: (1) By an arrest, search and seizure order issued by the President or Secretary of National Defense or their representatives; (2) By a warrant or order of arrest issued by a competent civil or military court; (3) Without a warrant by a peace officer or private person under certain conditions specified in Section 6, Rule 113 of the Rules of Court (citizen's arrest).
Arrest is authorized only for offenses listed in General Order No. 60, dated June 24, 1977. Arrests for other offenses must comply with the Revised Penal Code and Rules of Court provisions.
The Constabulary Judge Advocate (CJA) for arrests by AFP, Integrated National Police, and other law enforcement except Philippine Constabulary Metropolitan Command (PCM) and Metropolitan Police Force (MPF); Staff Judge Advocate, PCM for arrests by PCM and MPF; Zone or Regional Staff Judge Advocates and military lawyers designated by The Judge Advocate General in other provinces/cities.
The inquest serves to identify arrested persons, determine probable cause in citizen's arrests, assess physical condition, ensure confessions were constitutionally obtained, detect maltreatment or torture, and account for confiscated items properly.
18 hours for light felonies/offenses (punishable by imprisonment up to 30 days or fines less than 200 pesos); 48 hours for less grave felonies/offenses (punishable by imprisonment over 30 days to 6 months or fines up to 6,000 pesos); 72 hours for grave felonies/offenses (punishable by imprisonment over 6 months or fines over 6,000 pesos).
If there is no probable cause upon inquest in citizen's arrest cases, or if the arrested person is not the one referred to in the arrest, search and seizure order or warrant; or if the offense is not a ground for detention under General Order No. 60 or outside military tribunal jurisdiction, the person shall be referred to the proper civil authorities and released from military detention.
Arrests must be firm and impartial yet respect the rights and dignity of the arrested; arresting officers must conduct themselves with authority and discretion; torture or cruel treatment is prohibited; detainees' constitutional rights and basic necessities must be respected; segregation based on sex, morality, security must be observed; continuous review and education programs to ensure humane custodianship and appropriate disciplinary measures for violations.
Temporary release may be granted before trial, during trial, or after conviction but pending review, by the President, Secretary of National Defense, or military tribunal. Grounds include humanitarian reasons or others prescribed by the Secretary of National Defense. Permanent release is granted upon acquittal, case dismissal, final disposition without conviction, or through pardon or amnesty, except if detained for another valid ground.
Prosecution must be expedited and consistent with laws; preliminary investigations must be completed and terminated within 3 months from receipt of the records, unless extended for cogent reasons; courts and prosecutors must require law enforcement to immediately complete evidence submission and dispose of cases promptly in accordance with PD No. 77 and PD No. 911.