Chief Justice Peralta says it may be time to amend provision setting detention periods
MANILA, Philippines — Chief Justice Diosdado Peralta said it may be time to amend Article 125 of the Revised Penal Code that provides time periods — at most 36 hours — for delivery of persons arrested without a warrant to judicial authorities.
Peralta, during the resumption of oral arguments on Tuesday, noted that the penal code was first introduced in 1932 and times have changed.
Petitioners against the Anti-Terrorism Act of 2020 are assailing Section 29 of the law that states that law enforcers and the military can detain a suspected terrorist without a warrant of up to 14 days, extendible by another ten days, and not face charges for arbitrary detention.
The chief justice noted that when the penal code was first introduced, there may have been fewer Filipinos and there was no traffic too. “So it was very easy to deliver a person without a warrant within 36 hours,” he said.
Peralta also said new crimes were also developed over times, such as the dangerous drugs, qualified trafficking and syndicated estafa. With new crimes being introduced, more evidence and requirements are also needed in filing complaints such as witnesses’ testimonies, autopsy results, ballistic examination and other object evidence that may be found.
Under Art. 125 of the RPC, authorities will not face arbitrary detention charges if they will deliver to suspect to judicial authorities within specific timeframes: For a person accused of a crime punishable by light penalties, 12 hours; 18 hours for crime punishable by correctional penalties and 36 hours for crimes punishable by afflictive or capital penalties.
“My point is even if there is no 14-day provision of Section 29, I think that Article 125 should already be amended because that has never been amended since 1932,” the chief justice said.
He added that the courts have seen cases that were “hastily filed” due to the “restrictive period” of 36 hours.
Peralta pressed: “Do you think the 14-day period for the peace officers or arresting officers to conduct an investigation and eventually file cases before judicial authorities those who are arrested without a warrant too long?”
Lagman: 14 days period is too long
But Rep. Edcel Lagman (Albay), one of the oralists for the petitioners, maintained that Article 125 of the RPC is a “good law” as it is consistent with an international convention that a person taken into custody must be promptly delivered to judicial authorities.
The lawmaker also asserted that the 14-day period, which can be extended to 24 days, is “inordinately long.”
“When the penal code was enacted in 1932, I agree that there were fewer crimes but also they were few police officers or agents enforcing the law but now there are many police officer countless of them,” Lagman pointed out.
Congress has also been appropriating funds to the Philippine National Police to support them, he added.
“So I would submit that Art. 125 is still a good law. What should be important is not the prolongation of detention but the efficiency of police and military operatives and also that intelligence should be professional and accurate,” Lagman added.
Under the Peralta court, the SC and the PNP rolled out the Enhanced e-Warrant system in September 2020, which fully automates the issuance of arrest warrants across the country, which would, in turn, speed up the service of law enforcement agencies. During the enhanced community quarantine period last year, the Department of Justice approved the conduct of electronic inquest while the SC allowed electronic posting of bail and charges.
The SC will resume its oral arguments on Anti-Terrorism Act petitions on February 23, in what would be its fourth session. Seven justices have yet to interpellate the petitioners.
Meanwhile, recaps of the first three days may be read here, here and here.
President Rodrigo Duterte signed the Anti-Terrorism Law on July 3 despite opposition from rights groups and civil society groups that it could be used to stifle human rights.
A petition against the law has been filed at the Supreme Court and other groups are preparing pleadings of their own.
Follow this page for updates. Photo courtesy of The STAR/Michael Varcas
National Security Adviser Hermogenes Esperon moves to block access to several websites, including news sites of alternative news orrganizations Bulatlat.com and Pinoyweekly.org.
In his letter to the National Telecommunications Commission, he only says the websites are "affiliated to and are supporting these terrorists and terrorist organizations."
No other basis to back up his allegation was cited in the letter.
Citing the designation of the CPP-NPA-NDF as terrorists, NSA Hermogenes Esperon moves to block access to several sites.
— Kristine Patag (@kristinepatag) June 22, 2022
In Esperon's letter to the NTC, he included news sites @bulatlat and @pinoyweekly; sites of other progressive groups RMP and Save our Schools. @PhilstarNews pic.twitter.com/nAzMITJFsS
The Commission on Human Rights says it "partly welcomes" the Supreme Court decision that some parts of the controversial Anti-terrorism Law are unconstitutional.
CHR spokesperson Jacqueline de Guia says the commission remains hopeful that the remaining contentious provisions of the law will be clarified by the high cour in the full text of the decision.
"At the same time, our commitment remains in guarding against possible human rights violations arising from the implementation of the anti-terror law. We steadfastly remind the government that countering terrorism and protecting human rights are not competing values but are, in fact, mutual and complementary," De Guia says in a statement.
The Supreme Court has deliberated and voted on the controversial Anti-Terrorism Act but the decision will be released "at the soonest time possible."
"However, considering that there were numerous issues resolved in the case, as well as the fact that each Justice had to vote on each issue, there is a need to accurately confirm and tally the vote of each Justice in order to ensure the correct resolution of the Court per issue," SC spokesperson Brian Hosaka says.
The Anti-Terrorism Council designates the National Democratic Front of the Philippines, the panel that negotiates for communist rebels during peace talks a terrorist organization.
Previous designation of the Communist Party of the Philippines and New People's Army led to the designation of supposed members of the CPP's Central Committee. Among those designated as terorrists were peace consultants.
Designation gives the Anti-Terrorism Council the authority to investigate and freeze the accounts of designated persons.
The Anti-Terrorism Council has designated 29 people, including alleged members of the Communist Party of the Philippines-New People's Army, as terrorists in two resolutions.
Designation allows the Anti-Money Laundering Council to freeze the assets of those on the list.
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