Rody not worried over terror bill’s pre-trial detention provision
President Duterte does not find any constitutional issue in the Anti-Terror Law provision that would allow law enforcers to detain suspected terrorists for 14 days, extendable by 10 days, without securing a court order.
According to presidential spokesman Harry Roque Jr., the President is amenable to the wordings of that provision on longer detention period for terror suspects without court intervention, adding that this aims to deter any terrorist from launching an attack or sowing terror in the country.
“Barring constitutional infirmities, he wants to sign the bill, he wants to see the bill, he wants to make a personal determination first,” Roque said over ANC.
Duterte, a former prosecutor and lawyer, has been waiting for the Office of the Executive Secretary to forward the recommendations on the measure before deciding to sign it. He believed the 14-day detention period would not violate the existing provisions under the Revised Penal Code on warrantless arrest.
“Let’s just say that as a trial fiscal, there is one issue that he has no problems with and that is pre-trial detention, as you know even under the existing Revised Penal Code, there is a period of up to 36 hours that authorities (can arrest a person) through warrantless arrest, can be detained for the purpose of preventing evasion or extraction of evidence,” Roque explained.
He added that lawmakers made sure that the court will still be able to acquire jurisdiction of terror suspects and placed safeguards, such as the reporting mechanism under the new Anti-Terror Law, to make sure the detained persons are still given the legal processes.
The President “has very clear distinction, he knows the distinction between pre-trial detention and warrant of arrest for purposes of court jurisdiction,” citing provisions of the new law which was certified urgent by Duterte.
“I think the provisions of the Rules of Court on warrantless arrest will continue to be applicable. They must have personal knowledge of the crime that was committed or committed in their presence because if you deviate from that, then you will have serious problems,” Roque added.
He also said the President “is inclined” to sign the measure since it was certified as urgent as he allayed fears that the Anti-Terrorism Council (ATC) has been given overreaching authority under the new law.
“It is still the courts that will designate a person as (part of) a terrorist organization. In fact, we have to file a petition with the CA (Court of Appeals) and not just with the regional trial court. This is different from the United States because in the US, it is the Secretary of State without the judicial intervention that can list an organization as a terrorist organization,” he explained.
Earlier this month, National Security Adviser Hermogenes Esperon Jr., National Intelligence Coordinating Agency director general Alex Monteagudo and Interior Secretary Eduardo Año all threw their support for the measure.
Speaking at the virtual Kapihan sa Manila Bay hosted by STAR associate editor Marichu Villanueva about two weeks ago, the three top officials underscored the need to protect the general welfare of the Filipino people amid terror attacks.
“For the sake of the countless victims of terrorism, we owe it to the Filipino people a law that will ensure safety, peace and order for the future generations,” Año said, adding that the Human Security Act has not significantly addressed the terrorist threat in the country.