Rules Governing Arrest and/or Investigation of Local Elective Officials

April 3, 1974

LETTER OF INSTRUCTIONS NO. 180

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. cd i

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. casia

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.