Malacañang said Wednesday a provision in the anti-terror bill that would require a 14-day pre-trial detention of suspected terrorists does not pose a problem to President Rodrigo Duterte.
“The President does not see this provision on detention of terror suspects under the proposed law as a violation of the Constitution,” presidential spokesman Harry Roque told ANC.
“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,” Roque said.
He says it is still the court that will issue a warrant of arrest against a suspect or acquire jurisdiction over him.
Several groups strongly oppose the anti-terror bill because of a provision allowing warrantless arrests.
But Roque, a lawyer and a University of the Philippines instructor, says it is still the court that will decide if a person belongs to a terrorist organization.
“In fact, we have to file a petition with the Court of Appeals and not just with the regional trial court,” he said.
Roque says the rules of court on warrantless arrests will continue to be applicable.
Under the proposed measure, the Anti-Terror Council could order the arrest of a suspected terrorist and his detention for 14 days, which could be extended by another 10 days without so much as a charge filed against him.
“After the pre-trial detention of 14 days, extended for another 10 days, and notice has to be given to the nearest judge, it is the court that will issue the warrant of arrest for the purpose of actually arresting him [the suspect] or for the purpose of the court acquiring jurisdiction over the person of the accused,” Roque said.
He said it was up to the President if he would sign the bill.
