Procedures for Arrest and Detention under General Order 60

Legal basis and policy intent

Presidential authority to arrest and detain is linked to Presidential Proclamation No. 1081 dated September 21, 1972, as amended by Presidential Proclamation No. 1104 dated January 17, 1973.
The policy is to extend the utmost humane treatment and consideration to persons arrested and detained.
Government must integrate and formalize policies, procedures, and systems for arrest, prosecution, and handling of detainees, and other aspects of detainee administration.
The Letter of Instructions directs observance of procedures and guidelines in implementing General Order No. 60.

Key definitions for detainee procedures

“Arrest” is the taking of a person into physical custody for having committed, or being involved in, any of the crimes, offenses, or acts mentioned in General Order No. 60 dated June 24, 1977.
“Inquest” refers to the proceedings conducted for the purposes stated in Section 6.
“Inquest Authority” is the Officer of the Armed Forces of the Philippines or other designated official authorized to conduct inquest according to the Letter of Instructions.
“Detention” is the physical custody of an arrested person pursuant to General Order No. 60 dated June 24, 1977.
“Detainee” is any person under detention pursuant to General Order No. 60 dated June 24, 1977.
“Inquest Officer” is the lawyer designated by the Inquest Authority to assist in the inquest of arrested persons provided for under this Letter of Instructions.
“Release” is the official action setting at liberty a person arrested and detained pursuant to General Order No. 60 dated June 24, 1977.

When and how arrests may be made

Arrest, search, and seizure may be effected under one of the following categories:
- By virtue of an arrest, search, and seizure order issued by the President (me), the Secretary of National Defense, or their duly designated representative under Section 2 of General Order No. 60 dated June 24, 1977.
- By virtue of a warrant or order of arrest or a search warrant issued by a competent court (civil or military) in accordance with existing laws.
- By virtue of and in accordance with Section 6, Rule 113 of the Rules of Court (citizen’s arrest), under the listed conditions:
  - The person to be arrested has committed, is actually committing, or is about to commit an offense in the arresting person’s presence.
  - An offense has in fact been committed and there is reasonable ground to believe the person to be arrested committed it.
  - The person to be arrested is a prisoner who escaped from a penal establishment or while serving final judgment, or temporarily confined while case is pending, or escaped while being transferred between confinements.
Arrest under this Letter of Instructions must be for offenses listed in General Order No. 60 dated June 24, 1977.
For offenses outside the purview of General Order No. 60, arrest must follow the Revised Penal Code and the Rules of Court.

Inquest structure, purpose, and deadlines

The arrested person must be referred to the Inquest Authority/Officer under Section 4:
- In Metropolitan Manila, the Constabulary Judge Advocate (CJA) is the Inquest Authority for arrests by members of the Armed Forces of the Philippines, the Integrated National Police, and other law enforcement agencies, including arrests by private persons under Section 6, Rule 113 of the Rules of Court, except arrests effected by members of the Philippine Constabulary Metropolitan Command (PCM) and the Metropolitan Police Force (MPF).
- In arrests by the PCM and MPF, the Staff Judge Advocate, PCM is the Inquest Authority.
- In provinces/cities with a Philippine Constabulary Zone/Regional Headquarters, the Zone or Regional Staff Judge Advocate is the Inquest Authority.
- In other provinces/cities, military lawyers designated by the Judge Advocate General, AFP, or, in their absence, the City or Municipal Judge, serve for arrests within their jurisdictions.
The Judge Advocate General, AFP is the Chief Inquest Authority:
- Assisting and advising the Secretary of National Defense and the Commander, Command for the Administration of Detainees on inquest matters.
- Supervising inquests and sending inquest teams to provinces and cities to assist when circumstances require.
- Any inquest matter not specifically covered is referred to the Chief Inquest Authority.
- The Chief Inquest Authority may designate senior JAGS officers to perform inquest functions anywhere in the Philippines when need arises.
Inquest must be conducted for these purposes:
- Properly identify the arrested persons in cases of arrests effected by virtue of an arrest, search and seizure order referred to under Section 2(a), or pursuant to a warrant/order of arrest issued by a competent court (civil or military).
- Determine whether there exists probable cause in case of a citizen’s arrest.
- Determine or cause the determination of the physical condition of the arrested person.
- Determine whether any admission and/or confession was taken strictly in accordance with Section 20, Article IV, of the Constitution.
- Determine whether maltreatment or torture has been committed and institute necessary charges/actions immediately if so.
- Ensure confiscated articles/items/documents/personal effects are duly accounted for and/or covered by proper receipts.
Undue interference or undue influence over inquest outcomes by military personnel or any other person triggers prosecution under the Articles of War and/or appropriate penal and/or administrative law.
Persons arrested under General Order No. 60 must be delivered to the concerned Inquest Authority within these periods:
- 18 hours for arrests for light felonies/offenses punishable by imprisonment from 1–30 days and/or a fine of less than PHP 200.
- 48 hours for arrests for less grave felonies/offenses punishable by imprisonment for one month and one day to six months and/or a fine of not more than PHP 6,000.
- 72 hours for arrests for grave felonies/offenses punishable by imprisonment for more than six months and/or a fine of more than PHP 6,000.

Charges, inquest powers, and detention placement

A person arrested is treated as facing charges for purposes of determining detention in these situations:
- Arrest was effected under an arrest, search and seizure order referred to in Section 2(a), recognizing that there is a previous determination of probable cause as basis for the arrest.
- Arrest was effected under an order or warrant of arrest issued by a competent court (civil or military).
- After inquest of a citizen’s arrest, the Inquest Authority is satisfied that probable cause exists for detention.
- The person arrested is an escaped prisoner referred to in Section 6(c) of Rule 113 of the Rules of Court.
The Inquest Authority must:
- Issue commitment orders for detention of persons arrested pursuant to:
  - Section 6, Rule 113, Rules of Court after determining probable cause; or
  - An Arrest, Search and Seizure Order or Warrant of Arrest issued by a competent court upon confirmation that the person is the one referred to in the order/warrant.
- Direct release if there is no probable cause in citizen’s arrest, or if the person arrested is not the one referred to in the arrest search and seizure order or warrant.
- If probable cause exists but the offense is not a ground for detention under General Order No. 60, or if the offense is a ground but the person is not within the jurisdiction of military tribunals, ensure the arresting officer refers/delivers without delay the person and his record to the fiscal/court for disposition, unless otherwise provided by law; the procedural implementation must follow rules to be promulgated under Section 17.
- Within 24 hours after delivery to the Inquest Authority, or within a reasonable time thereafter, prefer charges against the person for whom probable cause has been determined.
Detention placement rule:
- As a general rule, only persons charged with offenses triable by military tribunals may be detained in military detention centers.
- Persons arrested for offenses triable by civil courts must be detained in the proper prison or jail.
- The Secretary of National Defense may determine a contrary disposition in the interest of national security and public order.
- The Secretary of National Defense must ensure appropriate segregation in military detention centers for security, morality, convenience, and other cogent considerations.

Detainee administration, treatment, and release

Arrest and detainee administration must continue to be governed by these policies:
- Arrests must be effected with uncompromising firmness and impartiality with due regard for rights and dignity.
- Arresting officers must be of appropriate rank/grade, properly attired, and comported to inspire respect and confidence and ensure judicious conduct.
- The system of seasonable reporting of arrests and accounting of arrested persons must be continuously reviewed and modified to preclude malpractices.
- The government policy against torture and any cruel, inhuman, or degrading treatment remains inviolate.
- Constitutional rights of detainees, including the right to speedy disposition of cases, must be scrupulously observed.
- Detention authorities must ensure detainees are accorded basic necessities of life.
- Segregation procedures must continue to be observed based on sex, morality, security, and other cogent factors.
- Measures must continue to be adopted to improve the relationship between detainees and custodians and make military personnel sensitive to custodians’ responsibilities as agents of change.
- Emphasis must be given in troop information and education programs of the Armed Forces of the Philippines.
- Arrest procedures and detainee administration must undergo continuing evaluation and review to identify problems and set up punitive/corrective mechanisms to deal swiftly but fairly with infractions or deficiencies.
Release must follow these guidelines:
- Release may be temporary or permanent.
- Release is temporary if granted prior to the final result of the case; permanent if granted due to termination or final disposition without conviction.
- Temporary release may be granted during:
  - Pre-trial detention by me, by the Secretary of National Defense, or by a representative duly designated by him to grant temporary release.
  - Trial by me, the Secretary of National Defense, or the military tribunal trying the case.
  - Post-conviction but pending review/final action by me or the Secretary of National Defense.
- Temporary release may be granted for humanitarian considerations and/or other grounds the Secretary of National Defense prescribes.
- Permanent release must be granted by me or the Secretary of National Defense upon acquittal, upon dismissal, or upon final disposition of the case without conviction, except where detention continues for some other valid ground.
- Permanent release is also granted upon the grant of pardon or amnesty, subject to the conditions thereof.

Expediting prosecution and trial-related steps

Prosecution of persons arrested and detained must be expeditiously terminated consistent with pertinent laws, considering:
- Preliminary investigation must be conducted and terminated within three (3) months from the date the records are received by the designated officer, unless extension is cogently justified by circumstances of each case.
- For cases triable by civil courts, the court/fiscal taking cognizance for preliminary investigation must require the investigating law-enforcement agency to complete immediate submission of prosecution evidence and thereafter dispose of the case under Presidential Decree No. 77 dated December 6, 1972, as amended by Presidential Decree No. 911 dated March 23, 1976.

Rules for military personnel and institutional support

Arrest, detention, restraint, and release of members of the Armed Forces of the Philippines must be done in accordance with Commonwealth Act No. 408 (Articles of War), as amended, and Executive Order No. 178 series of 1938 (Manual for Courts-Martial), as amended.
The Office for Detainee Affairs established by the Secretary of National Defense must continue assisting in supervision and control of the Command for the Administration of Detainees and in exercising functions under General Order No. 60.
The Undersecretary for Home Defense continues to head the Office for Detainee Affairs.
The Secretary of National Defense must maximize support to effectively implement the Letter of Instructions.

Implementation rules, and rescission of inconsistent issuances

The Secretary of National Defense, in consultation with the Chief Justice of the Supreme Court as needful, must promulgate rules and regulations necessary for effective implementation.
All previous orders and instructions inconsistent with the Letter of Instructions are rescinded or modified accordingly.