Practice Relating to Rule 99. Deprivation of Liberty
Section B. Deprivation of liberty in accordance with legal procedures
The Philippines’ Republic Act No. 6975 (1990) provides: “The PNP [Philippine National Police] shall have the following powers and functions: … (e) Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution.”
The Philippines’ Republic Act No. 9054 (2001) provides:
Sec. 5. Powers and Functions of Regional Police Force. –
The Regional Police Force [of the Autonomous Region In Muslim Mindanao] shall exercise within the autonomous region the following powers and functions:
(e) Detain persons for a period not exceeding what is prescribed by law, inform the person so detained of all his or her rights under the Constitution, and observe the human rights of all people in the autonomous region.
In a memorandum order issued in 1988, the President of the Philippines required the armed and police forces to strictly comply with the required legal processes in all cases of arrest and detention, for which they were given specific instructions.
A 1998 memorandum by the President of the Philippines, addressed to the Philippine Secretary of Justice, the Solicitor General and the Presidential Chief Legal Counsel, provides:
Pursuant to the 50th Anniversary Celebration of the Universal Declaration on Human Rights, you are hereby directed to jointly undertake the following activities:
1. Review all laws, decrees and executive issuances deemed repressive and ensure that all rights guaranteed in the Philippine Constitution are upheld, promoted and protected.
2. Review the Jurisprudence so that those judicial decisions and procedures not compatible with the standards of human rights and dignity can be brought to the attention of the Supreme Court, in particular, cases of warrantless arrests … and the circumvention of Habeas Corpus proceedings, among others.