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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 180
TO
: Secretary Juan Ponce Enrile
Department of National Defense
Secretary Vicente Abad Santos
Department of Justice
Secretary of Jose Roño
Department of Local Government
and Community Development
WHEREAS, the constant fear of investigations based many a time upon false, frivolous and malicious complaints has worked adversely against the speedy and efficient implementation of many of the programs of Government such as the cleanliness and beautification program, and the efforts to relocate squatters;
WHEREAS, there are strong indications that some partisan sectors of our society are utilizing these investigations to harass local elective officials;
WHEREAS, it is necessary that we guard against these schemes or strategy of the partisan sectors of our society and to maintain at all times prudence in the conduct of investigations against officials of the Government; and
WHEREAS, equally important is the speedy administration of justice, the promotion of peace and order and to serve the ends of national security;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, Proclamation No. 1104, dated 17 January 1973 and General Order No. 1 dated September 22, 1972, as amended, do hereby order that the investigation, arrest and/or other local detention of any provincial, city, municipal or other local elective officials shall be made strictly in accordance with the following rules:
1.
Except as hereinafter otherwise provided, the
investigation with a view to arrest based upon probable cause, as well
as the actual arrest and/or detention of such local elective officials
arising from or as a result of such investigation shall be made only
prior clearance and authority from me thru the Secretary of Local
Government and Community Development, irrespective of whether the
charges being investigated arose from acts committed before or after
September 21, 1972.
2. The
military should discontinue the investigation
of any case against such local elective officials upon a finding that
such case had already been taken cognizance of by a civil court of
appropriate jurisdiction.
3. In all such
investigations, the complainant should
first be required to swear to his complaint, which should be in
writing, and reminded of his responsibilities as a consequence thereof,
advising him as well that rumor-mongering is punishable under existing
laws.
4. Without
necessarily securing prior clearance from
me, the Secretary of National Defense shall authorize the conduct of
the investigation as well as the actual arrest and/or detention arising
from or as a result of such investigation in the following cases:
a.
Crimes Against Security and Violations of Allied Laws Affecting
National Security
b. Murder
c. Homicide
d. Kidnapping
e. Robbery
f. Smuggling
g. Carnapping
h. Hijacking
i. Illegal
Possession of Firearms; Gunrunning
j. Violations
of RA No. 6425, otherwise known as "The Dangerous Drugs Act of 1970";
Trafficking of Prohibited Drugs
k. Price
Manipulation or Frauds in the Sale of Essential Prime Commodities and
Supplies.
5.
Where the investigation is to be undertaken by the
Fiscals, the Secretary of Justice, likewise without necessarily
securing prior clearance from me, may authorize the conduct of such
investigation for the offenses listed in subparagraphs b to k of the
paragraph immediately preceding.
6. The
Secretaries of National Defense, Justice, and
Local Governments and Community Development shall jointly promulgate
the implementing rules and regulations for the foregoing instructions;
towards this end, the provisions of pertinent laws and regulations are
hereby given suppletory effect insofar as not inconsistent herewith.
7. Letter of
Instructions No. 147 dated November 14,
1973, as well as the other rules and regulations which are hereby
superseded or modified accordingly.
Done in the City of Manila, this 3rd day of April in the year of Our Lord, nineteen hundred and seventy-four.
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