Question & AnswerQ&A (EXECUTIVE ORDER NO. 106)
Executive Order No. 106, promulgated on August 24, 1937, governs the arrest of officers and enlisted men of the Philippine Army.
Yes, officers and enlisted men of the Philippine Army are subject to the general laws of the land and the ordinances of the city or municipality where they may be, and can be arrested for offenses committed in violation thereof.
The officer or enlisted man witnessing the commission of the crime must arrest the offender and deliver them within six hours to the judge or justice of the peace having jurisdiction over the offense.
The Army authorities present shall arrest the offender and immediately deliver them to the judge or justice of the peace who has jurisdiction over the case.
The State Police shall effect the arrest and deliver the offender to the nearest Army authorities or if none, to the competent judge or justice of the peace for proper legal proceedings.
The arrest is effected by whichever arrives first, either the Army or State Police authorities. If the State Police effects the arrest, they must then deliver the offender to Army authorities or appropriate judicial officials as provided.
The person in custody must be delivered to the provincial commander or the commanding officer of the accused for safe-keeping until acquitted or convicted. They may be committed to the provincial jail or Bureau of Prisons if necessary.
No, the regulations do not apply to reserve officers or enlisted men who are not on active duty status in the Philippine Army.
No, no subpoena shall be served on such military premises without delivering a copy of the subpoena to the commanding officer thereof.