1. The petitions are without merit and are hereby DISMISSED.

2. Petitioners were arrested on April 21, 1982 at about 9:45 a.m. while they were riding together in a motor vehicle on Laong-Laan Street, Quezon City, by elements of Task Force Makabansa of the Armed Forces of the Philippines. Since their arrest, they have been under detention. Petitioner Morales filed his petition for habeas corpus with this Court on July 9, 1982, while petitioner Moncupa filed his on July 19, 1982. On July 20, 1982 petitioners, together with several others, were charged with rebellion (Art. 134, Revised Penal Code) before the Court of First Instance of Rizal in Criminal Case No. Q-21091 filed by the City Fiscal of Quezon City. The trial of the case has yet to be terminated. The continued detention of petitioners to answer for the offense charged is therefore legal.

3. Petitioners allege that they were arrested without any warrant of arrest; that their constitutional rights were violated, among them the right to counsel, the right to remain silent, the right to a speedy and public trial, and the right to bail. They also air the charge that they were subjected to maltreatment and torture; that they did not have the opportunity to present their defense before the inquest fiscal and therefore asked this Court to order the reinvestigation of the charges against them. Acting on such plea, this Court in a resolution en banc dated July 22, 1982 ordered the City Fiscal of Quezon City to conduct such reinvestigation and at the same time appointed him "to act as commissioner of this Court and receive evidence of the charges made by petitioners before this Court of alleged torture and violation of their constitutional rights, particularly the right to counsel." On September 28, 1982, the City Fiscal submitted his report on the reinvestigation affirming the existence of a prima facie case for rebellion against petitioners and several others. And on February 8, 1983 he submitted to this Court the transcript of the notes taken at the reception of the evidence on the charges of petitioners.

4. If petitioners had been arrested in a communist country, they would have no rights to speak of. However, the Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them.^[1] We have a Constitution framed by a constitutional convention and duly ratified by the people. We subscribe to the rule of law. We believe in human rights and we protect and defend them. Petitioners are entitled to the full enjoyment of all the rights granted to them by law. And this Court stands as the guarantor of those rights.

5. Our Constitution provides:

"SEC. 20. No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation, or any other means which vitiates the free will shall be used against him. Any confession obtained in violation of this section shall be inadmissible in evidence."^[2]

6. After a person is arrested and his custodial investigation begins a confrontation arises which at best may be termed unequal. The detainee is brought to an army camp or police headquarters and there questioned and cross-examined not only by one but as many investigators as may be necessary to break down his morale. He finds himself in a strange and unfamiliar surrounding, and every person he meets he considers hostile to him. The investigators are well-trained and seasoned in their work. They employ all the methods and means that experience and study has taught them to extract the truth, or what may pass for it, out of the detainee. Most detainees are unlettered and are not aware of their constitutional rights. And even if they were, the intimidating and coercive presence of the officers of the law in such an atmosphere overwhelms them into silence. Section 20 of the Bill of Rights seeks to remedy this imbalance.

7. At the time a person is arrested, it shall be the duty of the arresting officer to inform him of the reason for the arrest and he must be shown the warrant of arrest, if any. He shall be informed of his constitutional rights to remain silent and to counsel, and that any statement he might make could be used against him. The person arrested shall have the right to communicate with his lawyer, a relative, or anyone he chooses by the most expedient means - by telephone if possible - or by letter or messenger. It shall be the responsibility of the arresting officer to see to it that this is accomplished. No custodial investigation shall be conducted unless it be in the presence of counsel engaged by the person arrested, by any person on his behalf, or appointed by the court upon petition either of the detainee himself or by anyone on his behalf. The right to counsel may be waived but the waiver shall not be valid unless made with the assistance of counsel. Any statement obtained in violation of the procedure herein laid down, whether exculpatory or inculpatory, in whole or in part, shall be inadmissible in evidence.

8. During the period of his detention, he shall have the right to confer with his counsel at any hour of the day or, in urgent cases, of the night, alone and privately, in the jail or any other place of custody.^[3]

Arrest.

9. Arrest is the taking of a person into custody in order that he may be forthcoming to answer for the commission of an offense.^[4]

10. An arrest may be made with or without a warrant.

"SEC. 3. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searchers and seizures of whatever nature and for any purpose shall not be violated, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined by the judge, or such other responsible officer as may be authorized by law, after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized."^[5]

11. Our Constitution clearly defines the persons who may issue a warrant of arrest and limits them to a "judge, or such other responsible officer as may be authorized by law." It also lays down in unmistakable terms the procedure required before a search warrant or warrant of arrest may issue.

12. A Presidential Arrest and Commitment Order is a warrant of arrest issued by the President of the Philippines.^[6] Its issuance must therefore comply with the requirements of the Constitution, in the same manner and to the same extent, as a warrant of arrest issued by a judge.

13. An arrest may also be made without a warrant.

"SEC. 6. Arrest without warrant -- When lawful. A peace officer or a private person may, without a warrant, arrest a person:

"(a) When the person to be arrested has committed, is actually committing, or is about to commit an offense in his presence;

"(b) When an offense has in fact been committed, and he has reasonable ground to believe that the person to be arrested has committed it;

"(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another."^[7]

14. Care should be exercised in making an arrest without a warrant. Where there is no justification for the arrest, the public officer could be criminally liable for arbitrary detention^[8] or unlawful arrest^[9] or for some other offense.

15. The petitioners claim they were arrested without a warrant. The Memorandum to the President dated April 21, 1982 from Gen. Fabian C. Ver, Chief of Staff of the Armed Forces of the Philippines, wherein he reported the arrest of petitioners, the subversive documents seized from them and the results of the ensuing tactical interrogation, with a recommendation for the issuance of a Presidential Arrest and Commitment Order, was approved by the President only on April 23, 1982. Indeed, therefore, petitioners were arrested without a warrant. However, months before their arrest, petitioners were already under surveillance on suspicion of committing rebellion. From the results of the said surveillance, the evidence then at hand, and the documents seized from them at the time of their arrest, it would appear that they had committed or were actually committing the offense of rebellion. Their arrest without a warrant for the said offense is therefore clearly justified.

Procedure after Arrest.

16. After a person is arrested either without a warrant or by virtue of a warrant of arrest issued by a judge or by virtue of a Presidential Arrest and Commitment Order, the proper complaint or information against him must be filed with the courts of justice within the time prescribed by law, to wit:

"FURTHER AMENDING ARTICLE 125 OF THE REVISED PENAL CODE, AS AMENDED (PRESIDENTIAL DECREE NO. 1404)

"WHEREAS, the periods within which arrested person shall be delivered to the judicial authorities as provided in Article 125 of the Revised Penal Code, as amended, are on occasions inadequate to enable the government to file within the said periods the criminal information against persons arrested for certain crimes against national security and public order.

"NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, and in the interest of national security as well as public safety and order, do hereby decree and order as part of the law of the land the following amendment to Article 125 of the Revised Penal Code, as amended:

"SECTION 1. Article 125 of the Revised Penal Code, as amended, is hereby further amended to read as follows:

"ART. 125. Delay in the delivery of detained persons. The penalties provided in the next preceeding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: six hours, for crimes or offenses punishable by light penalties, or their equivalent; nine hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and eighteen hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent; Provided, however, That the President may, in the interest of national security and public order, authorize by Executive Order longer periods, which in no case shall exceed 30 days, or for as long as the conspiracy to commit the crime against national security and public order continues or is being implemented, for the delivery of persons arrested for crimes or offenses against public order as defined in Title III, Book II of this Code, namely: Article 134, 136, 138, 139, 141, 142, 143, 144, 146 and 147, and for acts in violation of Republic Act No. 1700 as amended by Presidential Decree No. 885, taking into consideration the gravity of the offense or offenses, the number of persons arrested, the threat to national security or to public safety and order, and/or the occurrence of a public calamity or other emergency situation preventing the early investigation of the cases and the filing of the corresponding information before the civil courts.

"In every case, the person detained shall be informed of the cause of his detention and shall be allowed, upon his request, to communicate and confer at any time with his attorney or counsel, and to be visited by his immediate relatives."

"SEC. 2. All acts, executive order, proclamations, Presidential Decrees, General Orders, Letters of Instruction, rules and regulations, or parts thereof, inconsistent with the provisions of this decree are hereby repealed or modified accordingly.

"SEC. 3. Transitory provision.- Pending the preparation and promulgation by the President of the Executive Order referred to in Section 1 hereof, the detention of persons arrested for any of the abovementioned offenses against public order shall continue to be governed by the provisions of General Orders No. 2, dated September 22, 1972 as amended by General Order Nos. 60 and 62, dated September 24, 1977 and October 22, 1977, respectively.

"SEC. 2. This decree shall take effect immediately.

"DONE in the City of Manila, this 9th day of June, in the year of Our Lord, nineteen hundred and seventy-eight."

17. Failure of the public officer to do so without any valid reason would constitute a violation of Art. 125, Revised Penal Code, as amended. And the person detained would be entitled to be released on a writ of habeas corpus, unless he is detained under subsisting process issued by a competent court.^[10]

Power of the Courts.

18. The writ of habeas corpus has often been referred to as the great writ of liberty. It is the most expeditious way of securing the release of one who has been illegally detained. The privilege of the writ of habeas corpus may be suspended, but not the writ itself.

19. The Bill of Rights provides:

"SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws."

20. In Lansang vs. Garcia, 42 SCRA 448, 473, We said:

"In our resolution of October 5, 1972, We stated that 'a majority of the court' had 'tentatively arrived at a consensus that it may inquire in order to satisfy itself of the existence of the factual bases for the issuance of Presidential Proclamations Nos. 889 and 889-A . . . and thus determine the constitutional sufficiency of such bases in the light of the requirements of Article III, Sec. 1, par. 14, and Article VII, Sec. 10, par. 2 of the Philippine Constitution . . ..' Upon further deliberation, the members of the Court are now unanimous in the convictions that it has the authority to inquire into the existence of said factual bases in order to determine the constitutional sufficiency thereof."

21. We reiterate this doctrine.

22. Furthermore, We hold that under the judicial power of review and by constitutional mandate, in all petitions for habeas corpus the court must inquire into every phase and aspect of petitioner's detention - from the moment petitioner was taken into custody up to the moment the court passes upon the merits of the petition. Only after such a scrutiny can the court satisfy itself that the due process clause of our Constitution has in fact been satisfied.

23. The submission that a person may be detained indefinitely without any charges and the courts cannot inquire into the legality of the restraint goes against the spirit and letter of the Constitution and does violence to the basic precepts of human rights and a democratic society.

The Right to Bail.

24. Next to life a man loves his freedom. Some men love their freedom even more than their life.

25. In all criminal prosecutions the accused is presumed innocent. Because of this presumption and inasmuch as every man has a natural desire to be free, our Constitution laid down the right to bail in these words:

"SEC. 18. All persons, except those charged with capital offenses when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties. Excessive bail shall not be required."^[11]

26. Although martial law was terminated on January 17, 1981, by virtue of Proclamation No. 2045 of the President of the Philippines, the privilege of the writ of habeas corpus continues to be suspended in the two autonomous regions in Mindanao and in all other places with respect to certain offenses, thus:

"NOW, THEREFORE, I, FERDINAND E. MARCOS, President/Prime Minister of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby revoke Proclamation No. 1081 (Proclaiming a State of Martial Law in the Philippines) and Proclamation No. 1104 (Declaring the Continuation of Martial Law) and proclaim the termination of the State of martial law throughout the Philippines; Provided, that the call to the Armed Forces of the Philippines to prevent or suppress lawless violence, insurrection, rebellion and subversion shall continue to be in force and effect; and Provided that in the two autonomous regions in Mindanao, upon the request of the residents therein, the suspension of the privilege of the writ of habeas corpus shall continue; and in all other places the suspension of the privilege of the writ shall also continue 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 of or on the occasion thereof, or incident thereto, or in connection therewith. . . .." (Presidential Proclamation No. 2045).

27. Normally, rebellion being a non-capital offense is bailable. But because the privilege of the writ of habeas corpus remains suspended "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 of or on the occasion thereof, or incident thereto, or in connection therewith," the natural consequence is that the right to bail for the commission of anyone of the said offenses is also suspended. To hold otherwise would defeat the very purpose of the suspension. Therefore, where the offense for which the detainee was arrested is anyone of the said offenses he has no right to bail even after the charges are filed in court.

28. The crimes of rebellion, subversion, conspiracy or proposal to commit such crimes, and crimes or offenses committed in futherance thereof or in connection therewith constitute direct attacks on the life of the State.

29. Just as an individual has a right to self-defense when his life is endangered, so does the State. The suspension of the privilege of the writ is to enable the State to hold in preventive imprisonment pending investigation and trial those persons who plot against it and commit acts that endanger the State's very existence. For this measure of self-defense to be effective, the right to bail must also be deemed suspended with respect to these offenses.

30. However, there is a difference between preventive and punitive imprisonment. Where the filing of charges in court or the trial of such charges already filed becomes protracted without any justifiable reason, the detention becomes punitive in character and the detainee regains his right to freedom.

The Charges of Torture.

31. When petitioners charged in their petitions that they had been tortured and maltreated, the Court decided to appoint the City Fiscal of Quezon City to hear the charges and to receive the evidence. Not because We are an investigating body. Nor are We a trier of facts. But because petitioners' charges are material and relevant to the petitions before Us.

32. As mentioned earlier, the Court Commissioner submitted the transcript of the proceedings held before him. We will not pass upon the merits of the torture charges. However, they should be filed before the body which has jurisdiction over them as provided for in Presidential Decrees Nos. 1822, 1822-A and 1850.

33. The present form of our government, to all intents and purposes, merged the executive and legislative branches into one. Members of parliament are at the same time cabinet ministers. Under the system of checks and balances ordained by the Constitution, the judiciary serves as the check and balance to the merged executive and legislative branches. The judiciary is therefore called upon to express its thoughts on areas outside the traditional and narrow confines of decision making, with the end in view that together we may explore the free market of ideas and arrive at what is best for our country and our people.

34. Our people cry out for a better life. They want more food in their stomachs, roofs over their heads, health services for themselves and their families, education for their children, and other necessities that make life worth living. They cannot be denied. They want it and they want it now. Timely indeed are the thrusts of the KKK and the BLISS programs.

35. However, we cannot lead them to a truly better life, unless we achieve complete peace in our land; and we cannot have complete peace unless we improve the administration of justice.

36. It was a wise man who once said: "Tell me how a country's poor receive their justice and I will tell you how stable its government is."^[12]

37. Whenever we speak of the administration of justice we refer to four principal areas: the preservation of peace and order which is the primary task of the Armed Forces of the Philippines and the National Integrated Police, both under the Ministry of Defense; the investigation and prosecution of offenses and the administration of our penal system which are under the Ministry of Justice; the application and interpretation of laws and the trial and adjudication of cases which fall under the jurisdiction of the courts; and appearance as counsel for the government particularly in appealed criminal cases and as counsel for the Commission on Elections, Securities and Exchange Commission, and others, which is the responsibility of the Office of the Solicitor General. In everyone of these areas much can be done to achieve our ultimate goal - that in this fair land of ours, no man, no matter how humble, no matter how poor shall thirst for justice.

38. Our machinery of justice should be geared towards helping and protecting the poor among us. Not knowing their rights, not having the means to pay for the services of a lawyer, possessing no influence whatsoever, they are in variably the victims of injustice. The affluent can take care of themselves. They are better aware of their rights, they have influence, and they can engage the services of the best counsel. But the poor can only pray to God and hope to find relief in the system of justice established by their government.

39. We must open all avenues for complaints and keep them open so that the grievance procedure may be made more readily available to the masses of our people. Only by knowing their needs can we give them what they rightfully deserve.

40. It is undeniable that throughout the length and breadth of our land, lawlessness and disorder have increased and continue to increase to undesirable proportions. It is wishful thinking to believe otherwise. All efforts must be exerted now to reverse the trend. We cannot afford any delay. And we should begin by bringing to the bar of justice the culprits in particular who burned and destroyed public property, and attacked, kidnapped and killed public functionaries. For the questions may validly be asked: If the government cannot protect public property, how can it protect private property? If the government cannot guarantee the safety and lives of its officials, how can it guarantee the safety and lives of private individuals?

41. The investigation and prosecution of cases should be further improved so that only meritorious cases shall reach the courts, thus contributing to the unclogging of court dockets. Many criminal cases initiated by complainants are just harassment suits and should never have been filed in court. In the process, it is required that all fiscals be appointed in a permanent capacity. Their security of tenure is the foundation stone of their independence. Our penal system should be further updated to make more effective the rehabilitation of criminals. Let us do away with instances of first offenders who serve sentence in order to be reformed but who come out instead as hardened criminals.

42. And with the judicial revamp just effected under B.P. 129, the trial and decision making process has been modified and vastly improved to achieve better results. But it must be remembered that courts which are not filled are as good as no courts at all. Therefore, more appointments to the existing vacancies should be made.

43. One lesson our people have learned - painfully but well - is that politics and a good administration of justice - like oil and water - do not mix; that when politics infiltrates the administration of justice, injustice is often the outcome. In some jurisdictions of the United States, there are sheriffs (peace officers) and district attorneys (prosecutors) who are elected by the voters and who run for office as the candidates of a political party. In the Philippines such a system would never work because in our culture we have values peculiarly our own - value like "utang na loob," "compadre," "pakikisama," "tayo-tayo," "bigayan," "bata ko," "amo ko," and the "godfather mentality." Values like these have derailed and may derail the administration of justice. Political followers commit abuses in the belief that come what may their political bosses would shield them from punishment. Can you imagine how criminal cases would be investigated and prosecuted if fiscals (prosecutors) were chosen by election? How would our laws be enforced if policemen and members of the Armed Forces were elected by the people? And yet the heads of the Ministries of Justice and Defense and the Office of the Solicitor General are all active politicians.

44. The burdens of office fall heavily on their shoulders. Perhaps it is time we relieve them of the additional burdens that being politicians entail. Our Constitution foresaw the need for heads of ministries who are not active politicians in providing that ". . . . At least a majority of the Members of the Cabinet who are heads of ministries shall come from the Regional Representations of the Batasang Pambansa . . . ."^[13]

45. The campaign against venality in office - malfeasance, misfeasance and nonfeasance - should be pursued with renewed vigor. For graft and corruption are like termites gnawing away the foundation of government. The harm done is sometimes not realized; or even if realized, under-estimated. In the process let us remember to stress preventive measures to save public property from loss.

46. The communist threat remains a nagging problem of government. Whether Marxist, Maoist, Leninist, aided by the New People's Army, rebels, radicals, and lawless elements, they all have but one aim - one single purpose - one defined objective: to bring down by violence the Government of the Republic of the Philippines and to forcibly seize political power in order that they may replace our existing political, social, economic, and legal order with an entirely new one based on communism.

47. Once before, in the early fifties, communists threatened the established order. They were driven back by the Armed Forces, mainly because of the support of our people. We must keep, strengthen and solidify the sympathy, faith, loyalty, and trust in the government of our brothers in the rural areas. Guns and bullets alone will not do it. We can accomplish this only by giving them better government. It is a condition sine qua non to achieve success in the fight against subversion.

48. By and large, the Armed Forces are composed of good and disciplined men. However, there are those who are not worthy of the uniforms they wear. Not a few have enriched themselves by abusing the powers of their position. Some are involved in extortion, smuggling, and kidnapping for ransom. There are others who maintain gambling, drug rings, and prostitution dens. And still others have committed robbery, rape, murder, and other offenses. The campaign to rid the organization of such misfits should be carried out with missionary zeal. For indeed victims of abuse are often alienated from the government.

49. The Filipinos are a God-loving and a God-fearing people. We believe in peace and freedom. We believe in the family and its strong ties. We can never willingly accept communism and what it stands for.

50. While the government should continue to repel the communists, the subversives, the rebels, and the lawless with all the means at its command, it should always be remembered that whatever action is taken must always be within the framework of our Constitution and our laws.

51. When the judgment of history is written, as leaders of our people, we shall be asked to account not only for what we did, not only for what we did not do, but also for what visions we have today of our tomorrow.

52. What will be our answer?

53. WHEREFORE, as aforestated, the petitions should be, as they are hereby, DISMISSED, With costs against the petitioners.

54. SO ORDERED.

Fernando, C.J., concurs in the dismissal of the petitions, expresses his conformity with the reiteration of the doctrine announced in Lansang v. Garcia, and dissents on the question of the right to bail, which for him may be invoked whenever allowable under the Constitution.
Teehankee, J., files a separate opinion.
Makasiar, J., see concurring and dissenting opinion.
Aquino, Plana and Vasquez, JJ., concur in the result.
Guerrero, J., I concur in the dismissal of the petitions.
Abad Santos, J., see separate opinion concurring in the result.
De Castro, J., I concur as to dismissal, with a seperate opnion.
Melencio-Herrera, J., concurring in the result in a separate opinion.
Escolin, J., in the result, and in paragraph 7 of the decision.
Relova, J., I concur and will also add my own views in a separate opinion.
Gutierrez, Jr., J., I concur but am adding some views through a separate concurring opinion.

---

^[1] Section 1, Article II, Constitution of the Republic of the Philippines.

^[2] Article IV, Constitution of the Republic of the Philippines.

^[3] Rule 113, Sec. 18, Revised Rules of Court.

^[4] Sec. 1, Rule 113, Revised Rules of Court.

^[5] Art. IV, Constitution of the Republic of the Philippines.

^[6] Letter of Instruction Nos. 1125-A and 1211 which reads:

"MALACANANG
Manila

"LETTER OF INSTRUCTIONS NO. 1125-A

"TO:	The Minister of National Defense
	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 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 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 Proclamation;

"WHEREAS, in views 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:

"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.

"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.

"(SGD.) FERDINAND E. MARCOS
President of the Philippines"

"MALACANANG
Manila

"LETTER OF INSTRUCTIONS NO. 1211

"TO:	The Minister of National Defense
	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 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 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 effectivenes 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 the 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 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; and

"b) When the release on bail of the persons or persons already under arrest by virtue of a judicial warrant would endanger said public order and safety.

"4. When issued, the Presidential Commitment Order shall constitute authority to arrest the subject person or persons and keep him or them under detention until ordered released by the President or his duly authorized representative.

"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.

"(SGD.) FERDINAND E. MARCOS
President of the Philippines"

^[7] Rule 113, The Revised Rules of Court in the Philippines.

^[8] Article 124, Revised Penal Code.

^[9] Article 269, Revised Penal Code.

^[10] Grunche vs. Director of Prisons, 77 Phil. 993.

^[11] Art. IV of the Constitution of the Republic of the Philippines.

^[12] M.O.

^[13] Art. IX, Sec. 1, Constitution of the Republic of the Philippines.


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