Albay Rep. Edcel Lagman. INQUIRER.net FILE PHOTO
Why suspend the privilege of the writ of habeas corpus when bodies of summarily killed criminals already abound?
This was the question posed by Albay Rep. Edcel Lagman, the most vocal critic of President Rodrigo Duterte in Congress, following the latter’s’ statement on suspending the privilege to curb lawlessness in the country.
Lagman said the suspension would only be a “farce” with the spate of extrajudicial killings in the country today.
“The suspension of the privilege of the writ of habeas corpus will only be a farce because the carcass of victims of extrajudicial killings may not be brought anyway before the courts even without the suspension since the privilege of the writ demands the judicial presentation of the live bodies,” Lagman said.
He added that the suspension would only embolden the police to intensify the extrajudicial killings allegedly orchestrated by state forces.
“With the growing culture of violence and killings, the suspension of the writ may further embolden the police to summarily execute suspects or cause their involuntary disappearance,” Lagman said.
President Duterte in first floating the idea to suspend the privilege singled out the terrorist activities of the Lanao-based group Maute group, which was responsible for the September bomb attack at a night market in Davao City that left 15 dead.
READ: Duterte warns of suspension of habeas corpus writ
Duterte also cited the rebellion in Mindanao and the proliferation of illegal drugs in the country.
Lagman said there is no legal basis for Duterte to suspend the privilege due to the war on drugs because the Constitution is clear that the privilege may only be suspended for 60 days in case of invasion or rebellion, or when public safety requires it.
“There are no legal and factual bases for the suspension of the privilege of the writ of habeas corpus,” Lagman said.
Lagman also warned of “alarming shades of martial law” in Duterte’s idea of suspending the privilege.
READ: Duterte need not suspend writ, say senators
“Alarming shades of martial law are in the offing with President Duterte’s inclination of suspending the privilege of the writ of habeas corpus to reportedly ‘strengthen’ the campaign against the drug menace and suppress the so-called ‘rebellion’ in Mindanao,” Lagman said.
The late dictator Ferdinand Marcos suspended the privilege in 1971 following the Plaza Miranda bombing, supposedly to suppress the lawless violence of communist insurgents. Marcos’ suspension and declaration of martial law paved the way for thousands of enforced disappearances, summary killings and human rights violations of critics during his two-decade regime.
Marcos was recently allowed by the Supreme Court to be buried at the Libingan ng mga Bayani.
READ: In the know: Suspension of writ of habeas corpus
For his part, Akbayan Rep. Tom Villarin said the administration’s war on drugs cannot be used as a justification to suspend the privilege because the Constitution clearly states that the suspension is only allowed in cases of rebellion and invasion.
“The President also needs to be reminded of a basic fact: that the privilege can only be suspended in cases of invasion or rebellion. The drug war cannot form a basis for suspending it,” Villarin said.
Villarin said that what the country needs is protection from potential dictators who would use the Constitution to abuse power.
“The only protection the Philippines needs is from would-be dictators, who think they can toy with the Constitution… All it takes is an accusing finger, and people can start disappearing,” Villarin said.
Villarin said the suspension due to the war on drugs “will turn neighbors against neighbors, turn our barangays into hunting grounds.”
Villarin urged the public not to let the atrocities during the Marcos regime happen again with the suspension.
“It was in that environment of paranoia and darkness that Marcos oversaw the detention, torture, and death of thousands of people who dared to speak up against him. We must not let that happen again, and any attempts at suspending this privilege will definitely land back at the Supreme Court,” Villarin said.
READ: Suspension of writ of habeas corpus just an ‘idea’ — Palace
The suspension would essentially allow warrantless arrest. The writ is a privilege given to aggrieved parties seeking the court’s intervention for the state to produce the body of a person in custody.
Under Article VII, Section 18 of the Constitution, the President may suspend the privilege of the writ of habeas corpus in case of invasion or rebellion, or when the public safety requires it, for a period not exceeding 60 days. RAM/rga