Investigation, Filing of Criminal Cases and Issuance of Arrest, Search and Seizure Order
Letter of Instructions No. 772, issued on November 27, 1978, mandates that all criminal cases filed by the Ministry of National Defense must be referred to Civil Courts instead of Military Commissions. It stipulates that no arrest, search, or seizure orders can be issued under emergency powers without prior approval from the President/Prime Minister. Additionally, investigations are required to adhere to constitutional processes, ensuring the rights of all parties involved are respected, and must be conducted discreetly without unnecessary publicity.
Law Information
- Reference Number
- Letter of Instructions No. 772
- Date Enacted
- Category
- Presidential Issuances
- Subcategory
- Letters of Instructions
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
November 27, 1978
LETTER OF INSTRUCTIONS NO. 772
| TO | : | The Ministry of National Defense |
| The Ministry of Justice | ||
| And All Others Concerned | ||
| SUBJECT | : | Investigation, Filing of Criminal Cases and Issuance of Arrest, Search and Seizure Order |
In line with the announced policy towards normalization, henceforth:
1. All criminal cases to be filed by the Judge Advocate General or by any personnel of the Ministry of National Defense and/or the military establishment shall be referred in the first instance to the Civil Courts and no longer to the Military Commission.
2. No arrest, search and seizure order (ASSO) shall be issued under the emergency powers without prior clearance of the President/Prime Minister.
3. All investigations shall be conducted in strict observance of constitutional processes, recognizing the rights of the accused, respondents and witnesses. These investigations shall be done quietly, without fanfare and undue publicity.
DONE in the City of Manila, this 27th day of November, in the year of Our Lord, Nineteen Hundred and Seventy-Eight.
Cite This Law
Investigation, Filing of Criminal Cases and Issuance of Arrest, Search and Seizure Order, Letter of Instructions No. 772, Nov 27, 1978 (Philippines)
Investigation, Filing of Criminal Cases and Issuance of Arrest, Search and Seizure Order, Letter of Instructions No. 772 (Phil. 1978)
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