Metro Manila (CNN Philippines, February 16) — Chief Justice Diosdado Peralta on Tuesday said Article 125 of the Revised Penal Code, which allows authorities to detain suspects for up to 36 hours without a charge in court, should be amended.
As times have changed, Peralta said it would be difficult to build up a charge against a suspect within only a day and a half.
“Because of the development of our laws, ang dami ng crimes ngayon (there are lots of crimes now)…I think that [Article] 125 should already be amended because that has never been amended since 1932,” the Chief Justice said during the resumption of oral arguments on the Anti-Terrorism Act.
“The experience is that cases are filed hastily before the courts, because of this restrictive period of 36 hours,” Peralta added.
Petitioners argue the ATA’s provision to detain suspects without charges for up to 24 days is too long. The Human Security Act previously allowed only a three-day pre-trial detention.
Meanwhile, Albay Rep. Edcel Lagman, one of the counsels to some of the petitioners challenging the ATA’s constitutionality, said Article 125 is “still a good law.”
“That is consistent with our undertaking, international convention that any person taken into custody must be promptly delivered to the judge or a judicial authority,” he said.
Lagman pointed out fundamental rights should not have a limited timeframe, adding there should be proper law enforcement instead.
“Protection of fundamental rights should not be capsulized in a timeframe,” he said.
“What should be important is not the prolongation of detention, but the efficiency of police and military operatives…also the intelligence should be professional and accurate,” Lagman added.
