Title
Conditions for Arrest Orders in Martial Law
Law
Presidential Decree No. 1836
Decision Date
Jan 16, 1981
Presidential Decree No. 1836 establishes guidelines for the President of the Philippines to issue orders of arrest or commitment during martial law or suspension of habeas corpus, ensuring public safety and repelling threats to national security.
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Conditions for Issuance of Arrest or Commitment Orders

  • The President’s judgment is the sole criterion for determining when an arrest or detention order is necessary.
  • The grounds for such orders are specifically tied to events threatening national security like invasion, insurrection, rebellion, or imminent danger thereof.

Detention and Release Procedures

  • Persons arrested or detained under the authority of these orders shall remain in custody until released by the President or his duly authorized representative.
  • No other authority or judicial body can order the release of the detained individual except the President or his representative.

Implementation Rules and Instructions

  • The President holds the authority to issue rules or instructions necessary to implement the provisions of this decree.
  • These guidelines govern the procedural aspects and ensure the enforcement of the Presidential order within the legal framework of martial law or habeas corpus suspension.

Immediate Effectivity

  • The decree takes effect immediately upon issuance, underscoring the urgency and importance of the powers granted to address national security threats swiftly and decisively.

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