Arrest Upon Warrant Issued
- Officers or enlisted men charged with a crime or ordinance violation with an arrest warrant must be arrested by their commanding officer or the nearest Army post commander.
- The arrested individual must be immediately brought before the justice of the peace or officer who issued the arrest warrant.
Arrest for Crimes Committed in Presence
- Crimes committed in the presence of Army personnel:
- An officer or enlisted man witnessing an offense must arrest the offender.
- The offender must be delivered within six hours to the judge or justice of the peace with jurisdiction.
- When crimes are committed in the presence of both Army and State Police:
- Army authorities shall make the arrest and deliver the offender to the appropriate judicial officer.
- When only State Police are present:
- State Police must effect the arrest and deliver the offender to the nearest Army authority or, if none, to the appropriate judicial officer.
- If neither Army nor State Police is present:
- The first to arrive (Army or State Police) shall make the arrest.
- Arrest by State Police shall follow the procedure of delivering the offender to Army authorities or judicial officers as applicable.
Custody and Detention Procedures
- If an arrested officer or enlisted man is bound over to answer criminal charges and fails to post bail:
- Must be handed to the provincial commander or the accused's commanding officer for safe-keeping.
- The custodian must ensure the accused’s appearance in court.
- For security, the accused may be confined in the provincial jail or Bureau of Prisons in Manila.
Exemption for Reserve Personnel
- The arrest regulations do not apply to reserve officers or enlisted men not on active duty status.
Service of Subpoenas
- No subpoena for military personnel or civilian employees can be served inside military reservations, training camps, or barracks without first providing a copy to the commanding officer.