MANILA, Philippines — Even while his legal team is still studying the anti-terrorism bill, President Rodrigo Duterte believes that the detention of up to 24 days of terror suspects without a warrant does not violate the Constitution, his spokesperson Harry Roque said.
Roque cited the Revised Penal Code, which allows the detention of suspects subjected to warrantless arrest for up to 36 hours, to prevent evasion or the destruction of evidence.
“Let’s just say that as a trial fiscal, there’s one issue that he has no problems with, and that is pretrial detention,” Roque said in a TV interview, referring to Mr. Duterte, a former prosecutor.
“He does not feel that the 14-day period is actually a violation of the constitutional provision that a warrant of arrest can only be issued by a judge, because the law does not change that constitutional rule,” the Palace official added.
Roque said the anti-terrorism bill stated that after the suspect’s detention, notice has to be given to the nearest judge. It is still the court that would issue the warrant of arrest for purposes of arresting or acquiring jurisdiction over the suspect.
“[The President] knows the distinction between pretrial detention and warrant of arrest for purposes of court jurisdiction,” Roque said.
The rules of court for warrantless arrest would continue to be applicable under the anti-terrorism law, he added.
These include having personal knowledge that a crime was committed, or that a crime was committed in their presence, Roque said.
“If you deviate from that, you will have serious legal problems,” he said.
Roque reiterated that the President was inclined to sign the anti-terrorism bill into law since he had certified it as urgent.