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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 1211 |
The Chief of Staff, Armed Forces of the Philippines
The Chief, Philippine Constabulary
The Chief, Criminal Investigation Service
The Director-General, NISA
The Minister of Justice
The Director, National Bureau of Investigation
The Solicitor General
WHEREAS, by virtue of the 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 -
"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;"
WHEREAS, the aforesaid 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 Proclamation;
WHEREAS, on May 25, 1981, I issued Letter of Instructions No. 1125-A providing for guidelines in the arrest and detention of the aforesaid persons for the purpose of insuring that the President's power of arrest incident to the suspension of the privilege of the writ is not abused; and
WHEREAS, it is necessary to clarify the aforesaid guidelines in order to insure protection to individual liberties without sacrificing the requirements of public order and safety and the effectiveness of the campaign against those seeking the forcible overthrow of the Government and duly constituted authorities;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, do hereby order and direct the following:
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 referred to the
provincial or city fiscal, or to the municipal, city, circuit, or
district judge for preliminary examination or investigation in
accordance with existing laws.
2. Only upon
proper warrant issued by a judge shall the person or persons charged
with the above crimes be arrested and detained; Provided, however, that
should the military commander or the head of law enforcement agency
determine that the person or persons to be arrested would probably
escape or commit further acts which would endanger public order and
safety before the proper warrant could be obtained, arrest may be
immediately effected and the said person or persons shall be detained.
Thereafter, he or they shall immediately be investigated and charged
and a judicial warrant for his or their arrest obtained.
3. The above
notwithstanding, the military commander or the head of the law
enforcement agency may apply to the President thru the Minister of
National Defense, for a Presidential Commitment Order covering the
person or persons believed to be participants in the commission of the
crimes referred to in paragraph 1 under the following
circumstances:
a)
When resort to judicial process is not possible or expedient without
endangering public order and safety; or
b) When the
release on bail of the person or persons already under arrest by virtue
of a judicial warrant would endanger said public order and safety.
5. In every case where no Presidential Commitment Order is issued by the President, the accused under detention may be released on bail in accordance with the applicable laws.
6. In no case shall the powers of the President under Proclamation No. 2045 be invoked except as provided above.
This Letter of Instructions shall take effect immediately and shall supersede the provisions of Letter of Instructions No. 1125-A. It shall apply to those persons now detained by virtue of Presidential Commitment Order.
Done in the City of Manila, this 9th day of March, in the year of Our Lord, nineteen hundred and eighty-two.
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