Malacañang said the provision under the controversial Anti-Terror Bill (ATB) that allows the 14-day pre-trial detention of suspected terrorists does not pose a problem for President Duterte.
In an interview over ANC’s “Headstart,” Presidential spokesman Harry Roque said President Duterte does not see this particular provision as a violation of the Constitution because the Revised Penal Code already allows pre-trial detention of up to 36 hours.
“There’s one issue he has no problems with and that’s the pre-trial detention,” he said Wednesday morning.
“So he does not feel that the 14-day period is actually a violation of the constitutional provision that the warrant of arrest can only be issued by a judge because the law does not change that,” he added.
“It is still the court that will issue a warrant of arrest for purposes of actually arresting him or for the purposes of the court acquiring jurisdiction over him,” he said.
Several groups have opposed the pre-trial detention provision of the proposed Anti-Terror Bill. Former Associate Justice Antonio Carpio also said that the Anti-Terrorism Council (ATC) determining one as a terrorist was also a constitutional infirmity.
Roque believes otherwise.
“We beg to disagree because it’s still the courts that will designate a person as a terrorist organization. In fact, we have to file a petition with the Court of Appeals not just with the regional trial court,” he said.
Roque added that the provisions of the rules of court on warrantless arrest will continue to be applicable.
“They must have personal knowledge that the crime was committed or committed in their presence. If you deviate from that, then you will have serious legal problems,” he said.
Will Duterte sign it?
Roque said President Duterte is inclined to sign the controversial bill into law because he certified it as urgent.
The President has declared publicly on Monday evening that his legal office was still reviewing it and that he will still review the measure himself.
“Barring constitutional infirmities, he is inclined to sign it. But he wants to see the bill, he wants to make a personal determination,” Roque said.
Roque had earlier said that Duterte certified the ATB as urgent because the country’s Human Security Act is tame compared to the anti-terror legislation of other countries. (Argyll Cyrus B. Geducos)
