PRESIDENT Duterte’s proclamation of a state of national emergency on account of lawless violence in Mindanao calls for warrantless arrests in four specific cases but requires that existing rules and jurisprudence be “strictly observed.”
The do’s and don’ts of a warrantless arrest are part of the guidelines of Proclamation No. 55, dated Sept. 4, that the President issued after a deadly blast tore through a popular night market in his Davao City hometown, killing 14 people and wounding 67.
Malacañang released a copy of the two-page proclamation, which was signed by Executive Secretary Salvador Medialdea. The document remains in effect until the President lifts it.
“Credible threats” of more terrorist attacks and acts of violence in the country are among the reasons Mr. Duterte gave in declaring a state of national emergency on account of lawless violence in Mindanao.
Under the guidelines, no warrantless arrest should be made unless:
The person, has committed, is actually committing, or about to commit an offense in the presence of the arresting officer.
? When an offense has just been committed and the arresting officer has
personal knowledge that the person committed the offense.
? When the person to be arrested has escaped from jail or detention.
? When the person to be arrested has voluntarily waived his right against
warrantless arrest.
Palace officials have repeatedly given the assurance that the state of emergency proclamation is not akin to martial law, as the writ of habeas corpus is not suspended. (Source: The Filipino Channel)