Drug menace not ground to suspend habeas corpus writ—LP senators

In this Sept. 6, 2016 photo, policemen check the gun recovered from one of two unidentified drug suspects after they were shot dead by police as they tried to evade a checkpoint in Quezon city, north of Manila, Philippines. Bodies had begun turning up in cities all over the Philippines ever since President Rodrigo Duterte launched a controversial war on drugs this year. Drug dealers and drug addicts, were being shot by police or slain by unidentified gunmen in mysterious, gangland-style murders that were taking place at night. AP

Liberal Party senators on Sunday said the drug problem in the country is not a reason to suspend the privilege of the writ of habeas corpus, as expressed by President Rodrigo Duterte.

Citing Section 15 of the Bill of Rights, Senators Bam Aquino, Leila de Lima, Franklin Drilon, and Francis Pangilinan maintained that the habeas corpus writ, a “safeguard against state abuse,” may only be suspended in cases of rebellion and invasion.

“The drug menace is not a ground to suspend the privilege of the writ. On the matter of rebellion, the administration is already talking peace with all armed groups, and we are in full support,” the senators said in a statement.

“We see no basis for the suspension of the Filipino’s privilege of the writ of habeas corpus and we shall remain committed to upholding the sacred constitutional safeguards to the rights of the Filipino people,” they added.

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.”

Duterte on 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.”

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

READ: Suspension of writ of habeas corpus just an ‘idea’ — Palace