Drilon: Warrantless arrest covered by rules of court

Senate President Pro Tempore Franklin Drilon (INQUIRER PHOTO)

Senate President Pro-Tempore Franklin Drilon on Wednesday said there was nothing new with conditions for warrantless arrest set forth in President Rodrigo Duterte’s declaration of a state of emergency in the wake of Friday night’s deadly bombing in Davao City.

Under Proclamation No. 55, Mr. Duterte allowed the warrantless arrest of suspects who “committed, is actually committing or about to commit an offense in the presence of an arresting officer”; if an arresting officer has personal knowledge that the person is involved in the offense; when the person to be arrested had bolted jail or detention; or when the person had surrendered.

The declaration, which placed the country under the security status for an indefinite period, allows the President to tap the military for law enforcement operations.

“For me, that’s right because the first three are in the rules of court … The fourth is voluntary surrenders, so there’s nothing wrong with that either,” Drilon told reporters yesterday, when the Senate session had adjourned.

“So the warrantless arrest is actually provided for under our existing rules,” he said.

He, however, said President Duterte should readily lift the declaration when the threat is over.

“For me, at the soonest possible time, when the President thinks [the threat] is over, we should have this lifted, because the tension, the fear of the people is there,” he told reporters, in reference to jitters that the declaration might escalate into martial rule.

As to possible abuses that authorities might commit under the declaration, Drilon said the justice system is “fully functioning.”