3-day limit in warrantless detention
Atty. Jesus Falcis III responded to a pro-Duterte blogger's criticism of Vice President Leni Robredo's statement regarding a 3-day rule for warrants of arrest allegedly stated in the 1987 Constitution. Read more: Jesus Falcis (June 25, 2020). The 3-day maximum limit for detaining individuals without a warrant. https://www.facebook.com/photo.php?fbid=10158027692988429.Below is Atty. Falcis III's answer to this this criticism which he posted on Facebook.
The 3[-]day maximum limit for detaining individuals without a warrant that VP Leni mentions is a working theory flowing from an implied reading of the last paragraph of Section 18 of the 1987 Constitution, which states that:
“During the suspension of the privilege of the writ (of habeas corpus), any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.”
What this means is that EVEN WHEN the privilege of the writ of habeas corpus is suspended (that authorities can conduct warrantless arrests and no judge can force authorities to produce the arrested individual and order them to free the suspect in case of wrongful arrests), the Constitution requires that there should be a complaint filed before the courts to justify further detention OR ELSE the person arrested should be released after a maximum of 3 days in prison.
Flowing from this, if the maximum limit of detention (without a judicial charge) when the writ of habeas corpus is suspended is 3 days, the maximum limit of detention (without a judicial charge) when the writ is NOT suspended should also be 3 days.
This is because the writ of habeas corpus is such an essential protection that even when it is suspended, the Constitution imposed a maximum limit on detention to avoid abuse. Ergo, when it is not suspended, more so the time limit should be the same.
This is a theory that has not been validated by the Supreme Court but it is a theory that many lawyers, including VP Leni it seems, share. Read more: Jesus Falcis (June 25, 2020). The 3-day maximum limit for detaining individuals without a warrant. https://www.facebook.com/photo.php?fbid=10158027692988429.
