Practice question
Assume an otherwise lawful arrest during a valid suspension of the privilege in a rebellion situation. A detainee is held beyond three days without being judicially charged. The custodian concedes the absence of any judicial charge but says the sixty-day duration of the suspension permits holding the person for the entire period. Which constitutional consequence follows on these facts?
- The sixty-day suspension automatically authorizes sixty days of uncharged detention.
- A Cabinet secretary may replace the required judicial charge with a press statement.
- The constitutional charging safeguard disappears whenever public safety is invoked.
- The person must first prove innocence before the charging deadline applies.
- The person must be released under the three-day charging safeguard, without determining any distinct future lawful proceeding.
Legal references
- 1987 Constitution, Article VII, Section 18, and Article III, Section 2: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
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