Regular Procedures on the Arrest and Detention of Persons Accused of Violating Criminal Law

May 25, 1981

LETTER OF INSTRUCTIONS NO. 1125-A

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 — casia

"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." cd

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: aisa dc

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. cd i

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 take 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. cd i