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the Philippines’s (AFP) military Intelligence group (mIg);
the national Intelligence and Coordinating Agency (nICA);
the defunct Presidential Anti-Organized Crime Task Force
(PAOCTF); and the Philippine national Police’s intelligence
unit, the Regional Intelligence and Investigation Division
(RIID), to interrogate persons despite these agencies not
having the jurisdiction to do so. These other agencies are
known to torture during interrogation.
3.4. The police does not question or challenge arresting officers
who are not from the police, for example soldiers, who have
held persons in detention for days prior to turning them over
to the police station, but simply receive the person into their
custody. They do not question where the person had been
held, what he has been through and why they failed to turned
him over ‘promptly’ to them. They just simply record and
accept the person. The police officers receiving this person
do not inquire whether this person has been tortured. This
practice is in direct contravention of the existing rules on
arrest, but remains common.
3.5. Soldiers usurp police powers: The manner in which
members of the military carry out arrests, investigate and
subsequently detain persons, usurps the power of the police.
Only the police and some other investigating agencies, have
the power to investigate a person suspected of committing
crimes. The military does not have this power, in theory.
Soldiers may carry out arrests, but such arrested persons
should be turned over to the “proper judicial authorities”
under specific provisions found in Article 125 of the Revised
Penal Code.
3.6. while arrests without a warrant can also be carried out
under certain circumstances (under Rule 113, section 5
of the Revised rules of Criminal Procedure), such as if a
person was about to commit, was in the act of committing
or had just committed a crime. members of the military,
however, conduct warrant-less arrests without meeting such
criteria and detain and subject persons to investigations.
Furthermore, they deliberately do not inform the victims of
their right to legal counsel. Such circumstances often result
in torture or ill-treatment, with impunity.
3.7. Such practices are common in conflict areas controlled by
the military or in instances where operations are headed by
the military. under the law, once a person is arrested other
than by the police, the officials arresting them should turn
them over immediately to the nearest police station. however,
soldiers ignore this, especially in remote areas. The failure
to turn over the arrested person, for instance those who are
captured following an encounter, or those arrested from
areas controlled by the military on suspicion of having been
involved in a rebel activities, or villagers who simply happen
article 2 � June-Sept 2012 Vol. 11, No. 2-3