Section 2
SEC. 2. Only upon proper warrant issued by the Court or other responsible officer as may be authorized by law, after examination under oath or affirmation of the complainant and his witness, shall the person or persons charged with the above mentioned crimes be arrested and detained; Provided, however, That should a military commander or the head of a law enforcement agency ascertain that the persons to be arrested has/have committed The above-mentioned crimes, or would probably escape or commit further acts which would endanger public order and safety as well as the stability of the state before and proper warrant could be obtained, the said military commander or the head of law enforcement agency may apply to the President of the Philippines for a preventive detention action against the person or persons ascertained to be participants in the commission of the crimes referred to in Section 1 hereof, under the following circumstances: When result to judicial processes is not possible or expedient without endangering public order and safety; When in the judgment of the President of the Philippines to apply for a judicial warrant may prejudice peace and order and the safety of the state like when it may jeopardize the continued covert intelligence/counter insurgency operations of the Government, or endanger the lives of intelligence and undercover agents whose identities would be revealed by the evidence against the person or persons covered by a preventive detention action.