DOJ defends 48 hour limit on reporting warrantless arrests due to Anti-Terrorism Act - Manila Bulletin

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DOJ defends 48 hour limit on reporting warrantless arrests due to Anti-Terrorism Act

“I think that would be sufficient. Tama lang yun . It’s not too long not too short. It qualifies as the law’s requirement on “immediate notice” according to our estimation,” assured DOJ Undersecretary Adrian Sugay.

Under the recently released IRR which were crafted by the DOJ with inputs from the Philippine National Police and the Armed Forces of the Philippines, arresting officers have 48 hours to report warrantless arrests to the nearest courts, the Commission on Human Rights and the Anti-Terrorism Council .

However, a number of groups have also questioned the contents of the IRR including the Integrated Bar of the Philippines which said the Anti-Terrorism Act states that the reporting of warrantless must be “immediate.” “With regards dun sa period, sinasabi lang naman sa batas na there should be immediate notice . So we fixed it at 48 hours,” Sugay said.“Pero sabi ng nga law enforcers on the ground the reality on the ground is really different ,” he recounted.

“If the anti-terrorist operations from which they were arrested happened in some far-flung areas in MInadano or some place that’s really difficult to reach, it might be impracticable to require the notice to be done in so short a period,” he explained.The undersecretary explained items in the IRR which could not be directly related to the provisions in the Anti-Terrorism Act are supported by other existing laws.

 

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