Title
Arrest/Detention for Crimes vs Persons under Art. 248-249
Law
General Order No. 2-d
Decision Date
Nov 7, 1972
General Order No. 2-D authorizes the arrest and detention of individuals involved in murder and homicide cases, aiming to strengthen law enforcement efforts and protect witnesses from harassment, intimidation, or terrorization.

Legal basis and coverage of crimes

  • General Order No. 2-D authorizes arrest and detention for persons involved in crimes against persons punishable under Article 248 or Article 249 of the Revised Penal Code.
  • The added provision covers the crime of murder and homicide as defined in Articles 248 and 249, respectively, of the Revised Penal Code.

Who may be arrested and detained

  • The provision applies to any person or persons who may have been known or found to have committed murder or homicide.
  • The provision applies when the person or persons are reported for harassing, intimidating, or terrorizing the witnesses against them.

Required conduct element regarding witnesses

  • The added rule is triggered where the person or persons are reportedly harassing witnesses against them.
  • The added rule is also triggered where the person or persons are reportedly intimidating witnesses against them.
  • The added rule is also triggered where the person or persons are reportedly terrorizing witnesses against them.

Scope within the amended General Order

  • General Order No. 2-D further amends General Order No. 2 by including the added provision “22”.
  • General Order No. 2-D treats the harassment, intimidation, or terrorizing of witnesses as part of the factual basis connected to the authorization of arrest and detention for the covered crimes.

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