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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 621 |
Camp General Emilio Aguinaldo
Quezon City
WHEREAS, since the promulgation of Presidential Proclamation No. 1081, dated September 21, 1972, as amended by Presidential Proclamation No. 1104, dated January 17, 1973, the Secretary of National Defense has been empowered to arrest and detain persons under various General Orders and Decrees, the latest of which is General Order No. 60, dated June 24, 1977;
WHEREAS, it has always been a policy of government to extend the utmost humane treatment and consideration to such persons;
WHEREAS, there is a need to interpret and formalize the government's various policies, procedures and systems concerning the arrest, prosecution and handling of detainees, as well as other aspects of detainee administration;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and direct the observance of the following procedures, policies and guidelines in the implementation of General Order No. 60, dated June 24, 1977;
SECTION 1. Definition of Terms. — For purposes of the Letter of Instructions, the following terms shall be interpreted and understood as hereunder indicated:
a.
Arrest. — Arrest is the taking of a person into physical custody for
having committed, or being involved in the commission of, any of the
crimes or offenses or acts mentioned in General Order No. 60, dated 24,
1977.
b. Inquest. —
The proceedings conducted for the purposes stated in Sec. 6 hereof.
c. Inquest
Authority. — The Officer of the Armed Forces of the Philippines or
other official designated in accordance herewith to conduct inquest in
the manner provided for in this Letter of Instructions.
d. Detention.
— The physical custody of an arrested person pursuant to General Order
No. 60, dated June 24, 1977.
e. Detainee. —
Any person who is under detention pursuant to General Order No. 60,
dated June 24, 1977.
f. Inquest
Officer. — The lawyer designated by the inquest Authority to assist in
the inquest of arrested persons herein provided.
g. Release. —
Release is the official action setting at liberty a person who has been
arrested and detained pursuant to General Order No. 60, dated June 24,
1977.
Sec. 2. Categories of Arrest, Search and Seizure. — The arrest of a person, the search of a place or the seizures of property may be effected under any of the following categories:
a.
By virtue of an arrest, search and seizure order issued by me or by the
Secretary of National Defense himself or thru a representative duly
designated by the latter to issue such arrest, search and seizure order
in accordance with Sec. 2 of General Order No. 60, dated June 24,
1977;
b. By virtue
of a warrant or order of arrest or a search warrant issued by a
competent court, civil or military, in accordance with existing laws;
and,
c. By virtue
of and in accordance with Sec. 6, Rule 113 of the Rules of Court
(citizen's arrest), providing that:
"A
peace officer or private person may, without a warrant, arrest a person:
"(a) when the
person to be arrested has committed, is actually committing, or is
about to commit an offense in his presence;
"(b) when an
offense has in fact been committed, and he has reasonable ground to
believe that the person to be arrested has committed it;
"(c) when the
person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another."
Sec. 3. Offense for Which Arrest Is Authorized. — The arrest of a person within the purview of this Letter of Instructions shall be for offenses listed in General Order No. 60, dated June 24, 1977. Arrest for any other offense shall be in accordance with the pertinent provisions of the Revised Penal Code and the Rules of Court.
Sec. 4. Inquest. — The person arrested shall be
referred to the Inquest Authority/Officer herein designated as follows:
a.
In Metropolitan Manila:
(1)
The Constabulary Judge Advocate (CJA) shall be the Inquest Authority
for all arrests effected by members of the Armed Forces of the
Philippines, the Integrated National Police and other law enforcement
agencies, including arrests effected by private persons pursuant to
Sec. 6, Rule 113 of the Rules of Court, except those effected by
members of the Philippine Constabulary Metropolitan Command (PCM) and
the Metropolitan Police Force (MPF).
(2) The Staff
Judge Advocate, PCM in causes of arrests effected by the PCM and MPF.
c. The military lawyers designated by the Judge Advocate General, AFP, or, in the absence of a military lawyer or designated, the City or Municipal Judge, for arrests within respective jurisdictions, in other provinces/cities.
Sec. 5. Chief Inquest Authority. — The Judge Advocate General, AFP, shall be the Chief Inquest Authority with the function of assisting and advising the Secretary of National Defense and the Commander, Command for the administration of Detainees in all matters pertaining to inquest. He shall supervise the conduct of inquests and/or send inquest teams to provinces and cities to assist the Inquest Authorities therein as circumstances may require. Any matter pertaining to inquests, including those not specifically covered by this Letter of Instructions, shall be referred to the Chief Inquest Authority: Provided, That the Judge Advocate General, AFP, may designate senior JAGS officers to perform inquest functions anywhere in the Philippines as the need arises.
Sec. 6. Purpose of Inquest. — The inquest herein
authorized shall be conducted for the following purposes:
a.
To properly identify the persons arrested in cases of arrests effected
by virtue of an arrest, search and seizure order referred to in Sec. 2a hereof, or pursuant to a warrant or order of arrest issued by a
competent court, civil or military, as the case may be;
b. To
determine whether there exists probable cause in case of a citizen's
arrest;
c. To
determine or cause the determination of the physical condition of the
arrested person;
d. To
determine if the admission and/or confession that may have been
executed by the arrested person was taken strictly in accordance with
Sec. 20, Article IV, of the Constitution;
e. To
determine if maltreatment or other forms of torture have been committed
on the person arrested, and to institute the necessary charges/actions
if there be so, immediately;
f. To insure
that confiscated articles, items, documents, or other personal properly
or effects are duly accounted for and/or covered by proper receipts.
Any military personnel or other person who shall unduly interfere with the conduct of inquest or unduly influence the Inquest Authority in the disposition of a person/case under inquest, shall be proceeded against in accordance with the Articles of War and/or appropriate penal and/or administrative law.
Sec. 7. Period of Delivery for Inquest. — Persons
arrested pursuant to General Order No. 60, dated June 24, 1977, must be
delivered to the Inquest Authority concerned within the periods
hereunder indicated:
a.
Eighteen (18) hours if the arrest has been effected for light
felonies/offenses (those punishable by imprisonment from 1-39 days
and/or a fine of less than 200 pesos);
b. Forty-eight
(48) hours if the arrest has been effected for less grave
felonies/offenses (those punishable by imprisonment for one month and
one day to six months and/or a fine of not more than 6,000 pesos); and
c. Seventy-two
(72) hours if the arrest has been effected for grave felonies/offenses
(those punishable by imprisonment for more than six months and/or fine
not more than 6,000 pesos).
Sec. 8. Charges. — A person arrested shall, for purposes of determining whether he shall be detained, be considered to be facing charges:
a.
When the arrest has been effected by virtue of an arrest, search and
seizure order, it being understood that in these cases there is a
previous determination of probable cause as basis for such arrest;
b. When the
arrest is effected by virtue of an order or warrant of arrest issued by
a competent court, civil or military;
c. When, after
inquest as herein prescribed in the case of citizen's arrests, the
Inquest Authority shall have been satisfied that there exists probable
cause as basis for detention of the person arrested; or
d. When the
person arrested is an escaped prisoner referred to in Sec. 6(c) of
Rule 113, Rule of Court.
Sec. 9. Power, Functions and Duties of Inquest Authority. — The Inquest Authority shall exercise/discharge the following powers and duties:
a.
To issue commitment orders for the detention of the persons arrested
pursuant to:
(1)
Sec. 6, Rule 113, Rules of Court, after determining the existence of
probable cause:
(2) An Arrest,
Search and Seizure Order or Warrant of Arrest issued by a competent
court upon confirmation of the fact of such person being the one
referred to in said ASSO or Warrant.
c. In case probable cause exists but the crime or offense that may be charged against the person arrested is not a ground for detention under General Order No. 60, dated June 24, 1977, or that, although the offense is a ground for detention but the same is not within the jurisdiction of the military tribunals, to insure that the arresting officer refers/delivers without the delay such person and his record to the fiscal/court concerned for disposition unless otherwise provided by law. The procedural implementation of this subsection shall be strictly in accordance with the rules and regulations to be promulgated as called for the provisions of Section 17 hereof.
d. Within 24 hours after delivery to him of the person arrested, or within a reasonable time thereafter, to prefer charges against such person as to whom probable cause has been determined.
SECTION 10. Place of Detention. — As a rule, only persons who are charged with offenses triable by the military tribunals shall be detained in military detention centers and, conversely, persons arrested for offenses triable by the civil courts shall be detained in the proper prison or jail, without prejudice to a contrary disposition determined by the Secretary of National Defense as necessary in the interest of national security and public order. The Secretary of National Defense shall see to it that appropriate segregations are made in military detention centers for purposes of security, morality, convenience and other cogent considerations.
SECTION 11. Arrest, and Handling, Treatment, and Other Aspects of Administration of Detainees. — In the arrest, and handling, treatment, and other aspects of administration of detainees, the following policies shall continue to be strictly observed:
a.
Arrests shall be effected with compromising firmness and impartiality
but with due regard to the rights and dignity of the persons being
arrested. The arresting officer shall be of such rank/grade and so
attired and be of such comportment as to generate respect for and
confidence in authority as well as to insure a most judicious conduct
of the arrest.
b. The system
of seasonable reporting of arrests and accounting of arrested persons
shall be continually reviewed, and modified if necessary, with the view
to precluding malpractices in the arrest and administration of
detainees.
c. The policy
of government against torture or any other form of cruel, inhuman or
degrading treatment of detainees shall remain inviolate.
d. Scrupulous
adherence to, and respect for the constitutional rights of detainees,
including their right to the speedy disposition of their cases, shall
at all times be observed.
e. Detention
authorities shall insure that detainees are accorded the basic
necessities of life. Segregation procedures based upon considerations
of sex, morality, security and other cogent factors continue to be
observed.
f. Measures
shall continue to be adopted aimed at improving the relationship
between detainees and their custodians and to make military personnel
more sensitive to their responsibilities to detainees, not only as such
custodians, but as agents of change with the duty of winning over those
outside the fold of the law to the new social order. Such measures
shall be given emphasis in the troop information and education program
of the Armed Forces of the Philippines.
g. A
continuing evaluation and review of arrest procedures and detainee
administration shall be made aimed at pinpointing problems areas, to
include breaches of the requisite norms of conduct by the personnel
concerned and the setting up of punitive/corrective mechanisms for
dealing swiftly but fairly with infractions or deficiencies noted.
SECTION 12. Release. — Any person arrested and detained pursuant to General Order No. 60, dated June 24, 1977, may be released in accordance with the following guidelines:
a.
Nature of Release. — The release of a detainee shall either be
temporary or permanent. It is temporary if it is effected prior to the
final result of the case against the detainee. It is permanent if it is
effected as a result of the termination or final disposition of the
case against him.
b. Temporary
Release. — It shall be effected as follows:
(1)
Prior to Trial. — During pre-trial, detention, a detainee may be
granted temporary release by me or by the Secretary of National Defense
himself or thru a representative duly designated by him to grant such
temporary release.
(2) During
Trial. — During trial, a detainee may be granted temporary release by
me or by the Secretary of National Defense or the Military tribunal
trying him.
(3) After
Trial. — A detainee who has already been convicted and sentenced to
imprisonment but awaiting the review of his case or the final action
taken thereon by the appointing or confirming authority, may also be
granted temporary release by me or by the Secretary of National
Defense.
d. Permanent Release. — A person detained or on temporary release in accordance herewith shall be granted permanent release by me or by the Secretary of National Defense upon acquittal or upon dismissal or final disposition of the case against him without conviction, except when he is detained for some other valid ground. Such person shall also be permanently released upon the grant of pardon or amnesty, subject to the conditions thereof.
SECTION 13. Prosecution. — The prosecution of persons arrested and detained must be expeditiously terminated, consistent with the pertinent laws, specially considering the following:
a.
Preliminary Investigation. — The preliminary investigation of cases
against persons arrested and detained shall be conducted and terminated
within a period of three (3) months from the date the records of the
case are received by the officer designated to conduct the same, unless
an extension of the period is cogently justified by the circumstances
of each case.
b. Cases
Triable by the Civil Court. — The court/fiscal taking cognizance, for
purposes of preliminary investigation, of a case in which the
respondent/accused has been arrested/detained pursuant to General Order
No. 60, dated June 24, 1977, shall require the investigating
law-enforcement agency to complete immediately the submission of
prosecution evidence and thereafter dispose of the case pursuant to
Presidential Decree No. 77, dated December 6, 1972, as amended by
Presidential Decree No. 911, dated March 23, 1976.
SECTION 14. Arrest and Detention of Military Personnel. — The arrest, detention and other types of restraint of members of the Armed Forces of the Philippines, as well as their release from such arrest, detention or other restraint may be done in accordance with Commonwealth Act No. 408, otherwise known as the Articles of War, as amended, and Executive Order No. 178, series of 1938, otherwise known as the Manual for Courts-Martial, as amended.
SECTION 15. Office for Detainee Affairs. — The Office for Detainee Affairs as established by the Secretary of National Defense shall continue to assist him in the supervision and control of the Command for the Administration of Detainees, and in the exercise of his functions pursuant to General Order No. 60, dated June 24, 1977. The Undersecretary for Home Defense shall continue to head this Office.
SECTION 16. Administrative Support. — In order to effectively implement this Letter of Instructions, the Secretary of National Defense shall maximize support therefor.
SECTION 17. Rules and Regulations. — the Secretary of National Defense, in consultation with the Chief Justice of the Supreme Court as needful, shall promulgate such rules and regulations necessary for the effective implementation of this Letter of Instructions.
SECTION 18. Repealing Clause. — All previous order and instructions which are inconsistent herewith are hereby rescinded or modified accordingly.
Done in the City of Manila, this 27th day of October, in the year of Our Lord, nineteen hundred and seventy-seven.
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