Question & AnswerQ&A (EXECUTIVE ORDER NO. 106)
Officers and enlisted men of the Philippine Army are subject to the general laws of the land and to the ordinances of the city or municipality in which they may be.
The arresting officer shall forthwith bring the offender before the justice of the peace or officer issuing such warrant to be dealt with according to law.
The crime or offense shall be reported, and the offender arrested by the latter and delivered within six hours to the judge or justice of the peace having jurisdiction.
The Army authorities present shall effect the arrest and deliver the offender to the judge or justice of the peace having jurisdiction.
The State Police authorities shall effect the arrest and deliver the offender to the nearest Army authorities. If no Army authorities are present, the offender is delivered to the competent judge or justice of the peace.
The arrest shall be effected by whichever authority (Army or State Police) arrives first. If arrested by State Police, the procedures for State Police arrest apply.
The person shall be delivered to the provincial commander or commanding officer of the accused for safe-keeping and remain in custody until acquitted or convicted on final judgment.
Yes, if necessary for safe-keeping, the arrested person may be committed to the provincial jail or the Bureau of Prisons at Manila.
No, these rules do not apply to reserve officers or enlisted men who are not on active duty status in the Philippine Army.
No subpoena directed to any officer, enlisted man, or civilian employee in the Army shall be served on any military reservation, training camp, or barracks without delivering a copy to the commanding officer.