PRESIDENT Duterte\u2019s 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 \u201cstrictly observed.\u201d<\/p>\n
The do\u2019s and don\u2019ts 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.<\/p>\n
Malaca\u00f1ang 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.<\/p>\n
\u201cCredible threats\u201d 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.<\/p>\n
Under the guidelines, no warrantless arrest should be made unless:<\/strong><\/p>\n The person, has committed, is actually committing, or about to commit an offense in the presence of the arresting officer.<\/p>\n ? When an offense has just been committed and the arresting officer has<\/p>\n personal knowledge that the person committed the offense.<\/p>\n ? When the person to be arrested has escaped from jail or detention.<\/p>\n ? When the person to be arrested has voluntarily waived his right against<\/p>\n warrantless arrest.<\/p>\n 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) <\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" PRESIDENT Duterte\u2019s 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 \u201cstrictly observed.\u201d<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"footnotes":""},"categories":[18,49,79],"tags":[],"_links":{"self":[{"href":"https:\/\/www.philippinesentinel.org\/index.php?rest_route=\/wp\/v2\/posts\/4683"}],"collection":[{"href":"https:\/\/www.philippinesentinel.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.philippinesentinel.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.philippinesentinel.org\/index.php?rest_route=\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.philippinesentinel.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4683"}],"version-history":[{"count":0,"href":"https:\/\/www.philippinesentinel.org\/index.php?rest_route=\/wp\/v2\/posts\/4683\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.philippinesentinel.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4683"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.philippinesentinel.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4683"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.philippinesentinel.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4683"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}