Arrest of critic calling Duterte "Buang" - illegal & unconstitutional - Monsod

Atty Christian Monsod is making himself public again all because of the perceived direct violations being committed by government authorities in the series of arrest perpetuated against those critical of the President.

Monsod is one of the 1987 Constitution’s framers, he said the act of the law enforcers arresting of cyberlibel suspects who were asking for the President’s head, without any formal complaint is both illegal and unconstitutional.

Monsod specifically point out the arrest of the 41 year old salesman from Agusan del Norte over his Facebook post against President Rodrigo Roa Duterte and his long time aide and now senator Bong Go has no concrete basis since there is no warrant of arrest and the parties maligned (Duterte and Go) have yet to file a complaint.

Atty. Christian Monsod
(photo credit to owner)

“The arrests were unconstitutional.  No warrant of arrest.  No complaint.  No basis for warrantless arrest,” Monsod said in a text message to  Philippine Daily Inquirer.

Monsod points out that the members of the Philippine National Police (PNP) cannot decide for themselves whether or not a suspect has committed libel – instead, competent judicial courts have the sole duty to find probable cause and eventually will lead to the issuance of an arrest order.

“Whether libelous or not is for a court to decide, not the police,” he added.

Monsod’s fellow lawyers Chel Diokno and Bayan Muna party-list Rep. Carlos Zarate have called out the PNP for the illegal arrest of civilians and that a warrantless arrest an only be done if the crimes are about to be done, or are already happening.

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Report from PDI

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