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ARRESTED. The NBI arrests a 25-year-old teacher who tweeted about offering a $ 50 million reward for killing President Rodrigo Duterte. Photo courtesy of Allan Sison.
MANILA, Philippines – The prosecutor for the investigation has ruled the arrest without warrant of 25-year-old public school teacher Ronnel Mas, who was arrested on May 11 by the National Bureau of Investigation (NBI) for a Twitter post. who offered $ 50 million to kill. President Rodrigo Duterte.
“Yes,” Attorney General Ben Malcontento said in a text message when asked if the warrantless arrest was sustained during the investigation.
“Charges of incitement to sedition [will be filed] in Zambales probably first thing next week, “said Malcontento.
Malcontento heads the National Prosecution Service (NPS), which reports to the Department of Justice (DOJ). (READ: Salesman Arrested, Jailed For Calling Duterte “Crazy”)
More days in jail.
Mas was arrested on May 11 and will likely spend the weekend in jail.
Article 125 of the Revised Penal Code imposes a deadline – 12 hours, 18 hours or 36 hours depending on the crime – for when an arrested person must be charged in court.
That period has expired in Mas’s case, and he cannot post bail until a charge is filed in court.
But Malcontento said that “it is not necessary to wait for the resolution of the investigation before being able to post bail.”
When asked about other ways to pay bail, Malcontento said that “that is his decision and that of his defense team because from the beginning that is redeemable.”
Other possible ways to post bail without being charged is to file a bond petition in court, or a petition for habeas corpus.
When asked why Mas cannot be charged earlier because of the limitations of the blockade in court, Malcontento said: “The courts are open for bond purposes.”
When someone is arrested without a court order, they automatically undergo an investigation, which is a quick hearing. If the person wants a full hearing, they can give up their rights under Article 125 and request a preliminary investigation.
But Malcontento said “there is no more preliminary investigation.”
Arrest without court order
Malcontento also did not explain why the arrest without a judicial order was considered valid.
“There were other factors, leave it at that,” the attorney general said and did not expound.
In the past, particularly on the Bikoy Ang Totoong Narcolist videos, the Justice Department confirmed a warrantless arrest saying online posts count as continuing crimes. (PODCAST: Duterte Land Law: DOJ and arrests without a warrant)
One of the reasons for a valid arrest without a warrant is if you are caught on the spot. Caught in the act was then validly applied to crimes classified as “continuing crimes”, eg, rebellion.
“Even when the person is not doing anything illegal, he walks down the street, brushes his teeth, sings karaoke, as long as the person is said to be a rebel, that person is committing a crime in the presence of the officer.” “Former Supreme Court spokesman Ted Te said in a previous Rappler Talk interview.
Continuing the crime in the context of cyberlibel or incitement to sedition is a departure from the precedent, said human rights lawyer Chel Diokno, chairman of the Free Legal Assistance Group (FLAG).
“Continuous crime is really destined for a crime like kidnapping; as long as you hold a person against their will and for every day or hour you are doing that, they can arrest you,” Diokno said in a Rappler Talk interview.
In the warrantless arrest of webmaster Rodel Jayme, who had helped upload Bikoy’s videos, The Justice Department said: “The videos and articles were still circulating online and the excerpts from the videos were still shown on television or heard on the radio. Clearly, a crime is still being committed and the defendant’s arrest is warranted without a court order. “
“I totally disagree with the government’s interpretation of that … when you put something on the Internet, that’s just an act, and if you ask them, how many counts will you present, they’ll tell you it’s just a count because it’s a publication, I don’t think make it a valid way to interpret the law on arrest without warrant, “Diokno said.
He told you that one of the previous cases that “propagated” the principle of continued arrest is the Umil vs. Ramos case involving communist rebels, where the Supreme Court said rebellion may be a continuing crime.
“It is time for the Supreme Court to review that justification because it is very very dangerous, for arrest purposes, it is dangerous if it is not clear what crimes continue,” Te said, adding that incitement to sedition was not mentioned in said case. – Rappler.com
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