Arrest Procedures with Warrants
- Arrest must be carried out upon issuance of an arrest warrant.
- Arresting authority: the accused's commanding officer or the officer in command of the nearest Army post.
- Offender must be brought promptly before the justice of the peace or the responsible officer issuing the warrant.
Arrest Procedures without Warrants
- If the offense is committed in the presence of military personnel or enlisted men:
- Arrest must be effected immediately.
- The offender must be delivered within six hours to the judge or justice of the peace with jurisdiction.
- If both Army and State Police are present:
- Army authorities shall arrest and deliver the offender immediately to the proper judicial official.
- If only State Police are present:
- State Police shall arrest and deliver the offender to the nearest Army authorities or appropriate judicial officer if no Army authority is present.
- If no Army or State Police is present upon commission of the offense:
- The first authority (Army or State Police) arriving at the scene shall effect arrest.
- If State Police performs arrest, they must follow the preceding provision regarding delivery.
Custody and Safekeeping after Arrest
- If the arrested individual cannot post bail and is bound over to answer criminal charges:
- Custody is transferred to the provincial commander or commanding officer of the accused.
- They are responsible for safekeeping and timely production before court.
- They may commit the detainee to provincial jail or Bureau of Prisons in Manila if necessary.
Exclusion of Reserve Personnel
- Reserve officers and enlisted men not on active duty in the Philippine Army are excluded from these regulations.
Service of Subpoenas
- No subpoena may be served on any military reservation or facility (training camp, barracks) without delivering a copy to the commanding officer of that facility.