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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 1125-A |
The Chief of Staff, Armed Forces of the Philippines
The Chief, Philippine Constabulary
The Chief, Criminal Investigation Service
The Director-General NISA
The Minister of Justice
The Director, National Bureau of Investigation
The Solicitor General
WHEREAS, by virtue of Proclamation No. 2045 the privilege of the writ of habeas corpus remains suspended in the two autonomous regions of Mindanao and in all other places with respect to —
"persons
at present detained as well as others who may hereafter be similarly
detained for the crimes of insurrection or rebellion, subversion,
conspiracy or proposal to commit such crimes, and for all other crimes
and offenses committed by them in furtherance or on the occasion
thereof, or incident thereto, or in connection therewith."
WHEREAS, the abovesaid Proclamation has rendered unquestionable the authority of the President to cause the arrest and detention of persons engaged in, or charged with, the crimes or offenses mentioned in said Proclamations;
WHEREAS, in view of the full normalization of the government following the inauguration of the New Republic, it is necessary and proper that the regular procedures prescribed by existing laws for the arrest and detention of persons accused of violation of criminal law be observed with respect to those charged with the above- mentioned crimes or offenses.
NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Philippines, do hereby order and direct the following:
1.
All cases involving the crimes of insurrection, rebellion, subversion,
conspiracy or proposal to commit such crimes, and all other crimes or
offenses committed in furtherance of or on the occasion thereof, or
incident thereto, or in connection therewith, shall be investigated by
the provincial/city fiscal or by the municipal/city circuit/district
judge, or by the duly authorized investigating officer, as the case may
be, in accordance with the provisions of the Rules of Court and other
existing laws.
2. After
preliminary examination/investigation in any of the aforementioned
cases, the judge or other investigating officer shall, upon a finding
of probable cause, respectively, issue or cause to be issued the
appropriate warrant/s of arrest against any or all accused persons who
shall forthwith be arrested and detained.
3. In any of
the abovementioned cases, the judge or other investigating officer
shall, immediately upon the arrest of the accused, submit a report to
the President specifying, inter alia, the crime/s or offense/s charged,
the extent of the involvement or participation of the accused, a
summary of all the evidence adduced at the investigation, and his
finding on whether or not the evidence of guilt is strong.
4. On the
basis of the report submitted by the judge or other investigating
officer containing a finding that the evidence of guilt is strong, the
President may, pursuant to this authority under Proclamation No. 2045,
issue a commitment order against the accused who shall thereafter be
kept under detention in the appropriate institution specified in the
commitment order until the final disposition of the case unless sooner
ordered released by the President or his duly authorized representative.
5. In every
case where no commitment order is issued by the President, the accused
under detention may be released on bail in accordance with the
provisions of the Constitution and the applicable laws.
6. In no case
shall the powers of the President under Proclamation No. 2045 be
invoked so as to authorize the arrest and indefinite detention of
persons accused of the crimes mentioned in paragraph 1 hereof except
insofar as the exercise of such powers may be warranted under paragraph
4 hereof.
This Letter of Instructions shall takes effect immediately and shall supersede the provisions of Letter of Instructions No. 1125.
Done in the City of Manila, this 25th day of May, in the year of Our Lord, nineteen hundred and eighty-one.
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Since 19.07.98.