General Order No. 62

October 22, 1977

GENERAL ORDER NO. 62

WHEREAS, criminal and lawless elements, including those engaged in rebellion, sedition and other subversive activities, have been emboldened by the measures being undertaken toward normalization of governmental functions, such as the transfer of jurisdiction to try and decide specific criminal cases from the military tribunals to the civil courts and the limitation of the authority of the Secretary of National Defense to arrest and detain the accused/respondents in said cases;

WHEREAS, the renewed activities of the said persons in pertaining crimes against the national security, public order and crimes against the national security public order and crimes against persons and property seriously endanger the security of the state and have to a very disturbing effect on the peace and tranquility of the nation, thereby distracting the government and the people from pursuing the goals of the New Society;

WHEREAS, the large-scale resurgence of criminality, rebellion, sedition and subversion in the country, particularly in the southern provinces, is evidenced by the recent massacre and day-to-day ambush and killing of high-ranking officers and men of the Armed Forces of the Philippines, and the theft, robbery, and destruction of military and police arms, ammunition, supplies and equipment;

WHEREAS, the large-scale resurgence of criminality, rebellion sedition and subversion in the country, particularly in the southern provinces, is evidenced by the recent massacre and day-to-day ambush and killing of high-ranking officers and men of the Armed Forces of the Philippines, and theft, robbery, and destruction of military and police arms, ammunition, supplies and equipment;

WHEREAS, in the interest of peace and order, and the security of the state, it is imperative that these criminal and lawless elements who continue to kill, murder and fight government troops, police and hoe defense forces and to commit crimes which undermine the national security and the stability of the nation, be immobilized;

WHEREAS, pursuant to General Order No. 60, dated June 24, 1977, the authority of the Secretary of National Defense to effect, upon probable cause the arrest, detention search and seizure of persons and/or things is limited, generally, to offense, over which the military tribunals have exclusive jurisdiction as redefined in General Order No. 59, dated June 24, 1977;

NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order as part of the law of the land, that Section 1 of General Order No. 59, dated June 24, 1977 be amended to read as follows:

"SECTION 1. The authority of the Secretary of National Defense to effect, upon probable cause, the arrest, detention, search and seizure of persons and/or things thru an arrest, search and seizure order, commonly known as ASSO, shall henceforth be limited except as herein provided, to offenses over which the military tribunals have exclusive jurisdiction as redefined in General Order No. 59, dated June 24, 1977. However, the Secretary of National Defense, or the official he has authorized pursuant to the succeeding Section 2 hereof, may issue an ASSO for the arrest, detention, search and seizure of persons and/or things, for the following acts and/or offenses:

"a. Violation of Republic Act No. 6235 (Anti-Hijacking Law);

"b. Violations of Republic Act No. 6539, otherwise known as the Anti-Carnapping Act;

"c. Murder as defined under Article 248 of the Revised Penal Code, as amended;

"d. Kidnapping and serious illegal detention as defined under Article 267 of the Revised Penal Code, as amended;

"e. Arson as defined and penalized under Articles 321 and 322 of the Revised Penal Code, as amended, including any offense committed as a result thereof;

"f. Robbery as defined and penalized under Articles 294, 295, 297, 299, 300 and 302, of the Revised Penal Code;

"g. Violations of Presidential Decree No. 532, dated August 8, 1974, otherwise known as the Anti-Piracy and Anti-Highways, Robbery Law of 1974; and,

"h. Other acts or offenses, involving the theft, robbery or destruction of military or police arms, ammunition, supplies and equipment."

This Order shall take effect upon approval.

DONE in the City of Manila, this 22nd day of October, in the year of Our Lord, Nineteen Hundred and Seventy-Seven.