ARREST AND DETENTION OF ALIENS
order of release has been issued. Only the Commissioner and, in her
absence, an Associate Commissioner, shall have authority to sign an
order of release for a detained alien.
Until the Supreme Court decides the pending test case, we shall
voluntarily refrain from issuing warrant of arrest. Instead, by means
of a mission order, we shall authorize warrantless arrest, or citizen’s
arrest, as provided for under the 1985 Rules of Criminal Procedure, Rule
113, Section 5.
Further, by means of a mission order, we may authorize a warrantless
search under the Rules of Criminal Procedure, Rule 126, Section 12,
which allows a search without a warrant, as an incident to a lawful
arrest.
After the alien is arrested and detained, his lawyer may file a
petition for habeas corpus in court. If the judge issues an order to
release the alien, the Office of the Solicitor General shall immediately
file an urgent motion for reconsideration. If the judge denies the
motion, the OSG shall immediately file an appeal or a petition for
certiorari with the appellate court, with a prayer for temporary
restraining and preliminary injunction.
Hence, even if a person shows a court order to release a detained
alien, the warden shall not yet comply with the order, because the
Solicitor General will take steps to reverse it.
The warden shall render these Instructions into a poster and display it at both detention stations.
Adopted: 3 March 1988
(SGD.) MIRIAM DEFENSOR SANTIAGO
Commissioner