Categories of Arrest, Search, and Seizure
- By arrest, search, and seizure order issued by the President or Secretary of National Defense or their authorized representatives.
- By warrant or order of arrest/search issued by a competent court (civil or military).
- By citizen's arrest as provided under Section 6, Rule 113, Rules of Court.
Authorized Offenses for Arrest
- Arrests authorized only for offenses listed in General Order No. 60.
- Arrests for other offenses follow Revised Penal Code and Rules of Court.
Inquest Process and Authorities
- Referrals to designated Inquest Authorities depending on location and arresting agency.
- Chief Inquest Authority: Judge Advocate General, AFP, overseeing all inquests and advising Secretary of National Defense.
Purposes of Inquest
- Confirm identity.
- Determine probable cause (especially in citizen's arrests).
- Assess physical condition and verify voluntariness of confessions.
- Detect maltreatment or torture.
- Account for confiscated property.
- Protect against interference or influence on the inquest.
Timeframe for Inquest Referral
- 18 hours for light offenses (punishable by 1-30 days imprisonment/fines < 200 pesos).
- 48 hours for less grave offenses (imprisonment 1 month 1 day to 6 months/fines ≤ 6,000 pesos).
- 72 hours for grave offenses (over 6 months imprisonment/fines > 6,000 pesos).
Charging of Detainees
- Considered charged if arrest under an arrest, search and seizure order or court warrant.
- After inquest finds probable cause in citizen's arrest.
- When the detainee is an escaped prisoner.
Powers and Duties of Inquest Authority
- Issue commitment orders where probable cause found.
- Order release if no probable cause or if detainee not the person described in order.
- Refer cases outside military jurisdiction to proper civil authorities.
- Prefer charges within 24 hours or reasonable time post-delivery.
Place of Detention
- Military detention centers for military tribunal triable offenses.
- Civil jails/prisons for offenses triable by civil courts.
- Secretary of National Defense may alter detainment location for national security reasons.
- Appropriate segregation by sex, morality, security.
Policies on Arrest, Handling, and Treatment of Detainees
- Arrests with firmness and impartiality respecting rights and dignity.
- Arresting officers must exhibit respect-inspiring conduct and attire.
- Continuous review and improvement to prevent abuses.
- Strict prohibition of torture or cruel, inhuman or degrading treatment.
- Respect constitutional rights, including speedy trial.
- Provide basic necessities.
- Promote positive detainee-custodian relationships.
- Regular evaluations to address infractions and deficiencies.
Release Procedures and Grounds
- Temporary Release: Before or during trial, or after conviction but pending review.
- Granted by President, Secretary of National Defense, their representatives, or military tribunals.
- Grounds may include humanitarian considerations or others prescribed.
- Permanent Release: Upon acquittal, dismissal, pardon, amnesty, or final case disposition without conviction unless another valid detention ground exists.
Prosecution Guidelines
- Prompt termination consistent with law.
- Preliminary investigations to conclude within 3 months unless justified extension.
- Courts to expedite submission of prosecution evidence and case disposition.
Arrest of Military Personnel
- Governed by Articles of War (Commonwealth Act No. 408) and Manual for Courts-Martial (EO No. 178, 1938).
Office for Detainee Affairs
- Established to assist Secretary of National Defense in detainment administration.
- Headed by the Undersecretary for Home Defense.
Administrative Support
- Secretary of National Defense responsible for maximizing support for implementation.
Rulemaking Authority
- Secretary of National Defense, with consultation from Chief Justice if needed, shall promulgate implementing rules and regulations.
Repealing Clause
- Rescinds or modifies inconsistent prior orders or instructions to conform to this Letter of Instructions.