Suspending writ Duterte ‘stern warning’ to lawless elements—Palace

President Rodrigo Roa Duterte. Presidential Photo

Malacañang on Monday said President Rodrigo Duterte’s pronouncement that he might suspend the privilege of the writ of habeas corpus was a “stern warning” to lawless elements and perpetrators of violence.

“President Duterte continues to underline the need for vigilance as we seek to establish peace within our borders, especially in Mindanao where the state of emergency on account of lawless violence has not yet been lifted,” Presidential Spokesperson Ernesto Abella said in a statement.

“As we are under a state of emergency on account of lawless violence in Mindanao, and should conditions are in place that demand it, the President may have this option.  This serves as a stern warning to lawless elements that he would use his executive powers in accordance to what the Constitution allows,” he added.

In September, Duterte declared a state of emergency on account of lawless violence in Mindanao following a deadly explosion that took at least 14 lives in his hometown of Davao City.

Duterte last Friday warned that he might be forced to suspend the writ of habeas corpus “if lawlessness becomes widespread,” particularly the “rebellion” in Mindanao and what he called worsening drug problem in the country.

READ: Duterte warns of suspension of habeas corpus writ

“If lawlessness becomes widespread, I might be forced to—I don’t want to do it, I don’t want to. It’s just my warning to them. I don’t want it because it’s not good,” Duterte said in his speech in Davao. “But if you force my hand into it, I will declare the suspension of the writ of habeas corpus, not martial law. I have no political plans.”

Abella warned that the President may use more drastic measures if necessary to ensure peace and order in the country.

“While police action continues to be the instrument for ensuring peace and order, the President reminds the affected populace and perpetrators of lawless violence that it may take more drastic action, if and when necessary,” he said.

Article VII, Section 18 of the Constitution allows the President to suspend the privilege of the writ of habeas corpus for not more than 60 days “in case of invasion or rebellion, when the public safety requires it.”

The writ requires the state to produce the body of a person in custody. Suspending it would essentially allow warrantless arrests. RAM/rga