Question & AnswerQ&A (EXECUTIVE ORDER NO. 65)
The primary objective is to provide for the provisional release on bail of political prisoners prior to the institution of corresponding criminal cases against them, suspend the application of Article 125 of the Revised Penal Code with respect to these detainees, and implement other related measures.
The Solicitor-General has the direction and control over the prosecution of such criminal actions.
Article 125 of the Revised Penal Code is suspended as to these internees or detainees for a maximum period of thirty (30) days from the date of delivery to the Commonwealth Government.
Article 125 typically requires that no person may be detained without legal ground or must be delivered to proper judicial authorities within six (6) hours; this requirement is suspended temporarily for internees/detainees in this context.
The Solicitor-General can grant provisional release on bail upon the internee or detainee's solicitation, with reasonable bail approved by him or authorized officers, except when there is strong evidence of a capital offense.
Bail may be in the form of money, bonds of the Philippines or the United States (deposited in the treasury), guaranty from a bonding company, or two or more solvent sureties of good reputation.
They must be available to authorities at all times during the pendency of the case and comply with the obligations prescribed in Sections 1 and 2 of Rule 110 of the Rules of Court.
Before filing of the information, the Solicitor-General has this power; after filing, the court taking cognizance of the case exercises these powers.
The Solicitor-General may order the release of the person if detained or move for cancellation of the bond if released on bail before the Court of First Instance.
It remains in force until the Congress of the Philippines provides otherwise.