President Rodrigo R. Duterte has no problem with a 14-day pre-trial detention for suspected terrorists as provided under the enrolled Anti-Terrorism bill, Malacañang said on Wednesday.
“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,” Spokesman Harry Roque said.
He also pointed out that the anti-terrorism bill contains a provision where law enforcement officers who made the warrantless arrest should give a notice to the court.
“After the pre-trial detention of 14 days, extendable for another 10 days, and notice has to be given to the nearest judge, it is still the court that will issue a warrant of arrest for purposes of actually arresting him or for the purpose of the court acquiring jurisdiction over the person of accused,” Roque said.
As of date, the Office of the Executive Secretary, particularly the Deputy Executive Secretary for Legal Affairs, is still finalizing their comments on the bill to be submitted to the President.
The Office of the Chief Presidential Legal Counsel and the Department of Justice have already submitted their feedback.
The anti-terrorism bill seeks to fortify the provisions of the Human Security Act of 2007.
Under the measure, the detention of suspected terrorists for up to 24 days sans a warrant of arrest will be permitted.
It also allows a 60-day surveillance with an allowable 30-day extension that can be conducted by the police or the military against the suspected terrorists.
Any person who will threaten to commit terrorism will suffer a penalty of 12 years. The same jail term will be meted against those who will propose any terroristic acts or incite others to commit terrorism.
