MANILA, Philippines (Updated 11:26 a.m.) — A supposed “manhunt” on persons the police are considering as suspects in the death of flight attendant Christine Dacera is premised on the assumption that warrants of arrest may be eventually issued against them.
Philippine National Police chief, General Debold Sinas on Tuesday night gave an ultimatum to “suspects” in the case. “This is a fair warning. Surrender within 72 hours or we will hunt you down using force if necessary,”
Related Stories
Sinas further warned that their families must turn them over to the police. “Those found to be abetting your escape will also be arrested,” he added.
But Sinas’ order lacks legal basis, as pointed out by human rights lawyer Sol Taule. In a tweet, Taule pointed out: “There can be no manhunt without a warrant of arrest. Police cannot also conduct hot pursuit operations.”
There can be no manhunt w/o a warrant of arrest. Police cannot also conduct hot pursuit operations. The first step to solving a crime is to be efficient, capable & competent w/c the PNP is not. That's why they can't solve a crime. They only know how to tamper evidence.
— Maria Sol Taule (@soltaule) January 6, 2021
The PNP, in the past, has said they will arrest persons even without a warrant, or written order to back it.
In July 2019, then-PNP chief, Gen. Oscar Albayalde said they stand ready to arrest impeachment backers against President Rodrigo Duterte. In November of the same year, police said they are ready to implement the president’s order to arrest vape users in public even without an executive order issued at that time banning the use of vapes.
Period to secure warrant
As it turned out, the 72-hour period given by Sinas is the police’s timeframe for securing a warrant against the persons deemed as suspects in the case.
In an interview with CNN Philippines’ "New Day" on Wednesday morning, BGen. Ildebrandi Usana, PNP spokesperson, explained that Sinas’ statement was more of a “call to surrender” since they have already been identified.
“That 72-hour is enough for us to await for the issuance of warrant of arrest coming from the court itself,” he said.
“That 72 hours is enough for us to eventually hunt them down once the warrant of arrest is issued and that is something that will serve as basis for the police to hunt down them if the warrant of arrest is issued,” Usana added.
Complaint at prosecutor level
A PNP statement on Tuesday said a complaint of crime with homicide has been filed against three persons before the Makati City Prosecutor’s Office.
“Sinas said, nine other persons who were with the victim during [Dacera’s] stay at the City Garden Hotel are being sought by the Makati City Police,” the PNP statement further read.
READ: With 9 suspects still at large, Sinas says Makati rape-slay case already 'solved'
An inquest proceeding determines the validity of warrantless arrest and whether a suspect can be charged in court. If the prosecution found probable cause to indict the person, Information or charge sheet may be filed before the courts. The court will then determine whether a warrant of arrest will be issued.
It remains unclear, however, whether an inquest resolution on the three has been issued.
Asked for information on complaints filed on Dacera’s case, Prosecutor General Benedicto Malcontento said they will issue a statement within the day.
Justice Secretary Menardo Guevarra for his part would leave it to the prosecution to determine whether the police’s arrest based on a “hot pursuit” is valid.
Hot pursuit is one of the three grounds where a warrantless arrest may be deemed valid. This is when the offense has just been committed or the arresting officer has personal knowledge of the facts of the person.
“Let’s leave it to the prosecutor to determine if a warrantless arrest (based on hot pursuit) would be valid in this case,” Guevarra told Philstar.com.
But the DOJ chief said that if the police only intend to invite the said persons, the subject may decline.
“[I]f the police announce that it’s a warrantless arrest, the police may use reasonable force, if necessary, to take him into custody,” Guevarra added.