ChanRobles Virtual law Library

TO : ALL GOVERNMENT PROSECUTORS AND MILITARY LAWYERS.cralaw:red

"Letter of Instructions No. 772, of the President dated November 27, 1978, is hereunder published for compliance of all concerned:chanroblesvirtuallawlibrary

"In line with the announced policy towards normalization, henceforth:chanroblesvirtuallawlibrary
 

"[2] No arrest, search and seizure order [ASSO] shall be issued under the emergency powers without prior clearance of the President/Prime Minister.cralaw:red

"[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.cralaw:red

"Done in the City of Manila, this 27th day of November in the year of Our Lord, nineteen hundred and seventy-eight.cralaw:red

"In the implementation of the above-quoted Letter of Instructions No. 772, the following rules and regulations are hereby promulgated:chanroblesvirtuallawlibrary

"[1] Cases to be tried by the Military Tribunals/Detention of Accused. - All criminal cases under the jurisdiction of the military tribunals pursuant to General Order No. 59, dated June 24, 1977, as amended by General Order No. 63, dated August 8, 1978, wherein the existence of a prima facie case has been determined by The Judge Advocate General, AFP pursuant to Presidential Decree No. 39 and which have already been referred by Him to the Military tribunals, after action by the Chief of Staff, AFP or the Minister of National Defense, shall remain under the jurisdiction of said tribunals.cralaw:red

"[2] Cases to be filed with and tried by the Civil Courts/Detention and Release of Accused. - Criminal cases under the jurisdiction of the military tribunals pursuant to General Order No. 59 dated June 24, 1977, as amended by General Order No. 63, dated August 8, 1978, which have not yet been referred by The Judge Advocate General to the military tribunals as of the effectivity of Letter of Instructions No. 772, shall be referred by him to the proper civil authorities. Where the accused in such cases are detained by virtue of an ASSO, they shall remain in custody of the military authorities and shall not be released from detention until otherwise ordered by the President or his duly authorized representative, or by the order of the civil court because of their acquittal or dismissal of the case against them unless there are other reasons for their continued detention.cralaw:red

"3. Arrest and Detention of Criminal Offenders pursuant to an Arrest, Search and Seizure Order (ASSO). - Any person against whom probable cause exists for the commission of any or the offense mentioned in General Order No. 60, dated June, 24, 1977, as amended by General Order No. 62, dated October 22, 1977, may be arrested pursuant to an Arrest, Search and Seizure Order (ASSO) upon prior clearance of the President. For such purpose, any unit commander of the Armed Forces of the Philippines of the head of any office or agency of the government who believes that there is sufficient evidence constituting probable cause against any person mentioned in the above-stated General Orders may initiate a request thru the Minister of National Defense to the President for the issuance of an ASSO against such person. The referral to the proper civil authorities of the case against the person arrested and his continued detention shall be as provided in paragraph 2 above.cralaw:red

"4. Arrest of the Criminal Offenders pursuant to Section 6, Rule 113 of the Rules of Court (Citizen's Arrest, their Detention and Release. - The arrest or persons may also be effected pursuant to Section 6, Rule 113 of the Rules of Court for the commission of any of the crimes or offense mentioned in General Order No. 60, dated June 24, 1977, as amended by General Order No. 62, dated October 22, to the appropriate civil authorities. If the military authorities concerned believe that, in view of the nature of the offense and other relevant circumstances, the person arrested should be detained pending the disposition of this case, a request for the issuance of ASSO for his detention shall be made. When an ASSO is issued, such person shall remain in custody of the military authorities and shall not be released until otherwise ordered by the President or his duly authorized representative, or by order of the civil court because of his acquittal or dismissal of the case against him unless there are no other reasons for his continued detention.cralaw:red

[5] Designation of Military Lawyers as Special Prosecutors. - As a coordinated effort to expedite the disposition of military tribunal cases within the the exclusive jurisdiction of the military tribunals under General Order No. 59, as amended, but which are to be filed, in the first instance, before competent civil judicial authorities pursuant to Letter of Instructions No. 772 dated November 27, 1978, military lawyers, as recommended by the Judge Advocate General, AFP, and the Minister of National Defense, may be designated by the Minister of Justice or the Tanodbayan as Special Prosecutors.cralaw:red