Bato: Suspension of habeas corpus will make our job easier

Under the Constitution, the writ of habeas corpus could only be suspended during cases

of invasion or rebellion or when the public safety requires it.” - By AJ Bolando via Philstar

MANILA, Philippines – Despite the negative reactions from others, Philippine National Police Director General Ronald Dela Rosa is open to President Rodrigo Duterte suspending the privilege of the writ of habeas corpus.

Dela Rosa said on Monday that the suspension of the privilege -- where a court can compel the government to present a person it has in its custody -- will help them in their campaign to eradicate the country of illegal drugs and crime.

"Number One: It will make our job easier. Number Two: It will provide enough deterrence to the drug violators," the PNP chief said in a press briefing at Camp Crame.

Duterte last Friday said that the suspension of the privilege will strengthen his campaign against illegal drugs and rebellion. He, however, clarified that it would only be suspended if the lawlessness still persists in Mindanao.

A writ of habeas corpus allows a person to challenge the unlawful detention before a court, suspending it will lead to uncontested and warrantless arrests by the authorities.

Under the Constitution, the writ of habeas corpus can only be suspended in cases of invasion or rebellion, "when the public safety requires it."

The PNP chief, meanwhile, allayed fears of abuse by the authorities.

"Kahit na ano pang batas ang nandyan, kung abusado 'yung kapulisan ninyo, mag-aabuso talaga ‘yan. Kahit na anong i-offer diyan na mga avenues of abuse na puwedeng exploit ng kapulisan, kung siya maka-Diyos, makatao, hindi siya mang-aabuso," Dela Rosa said.

“We are here to serve and protect. Magseserbisyo kami nang totoo at hindi kami mang-aabuso. ‘Yan ang aming assurance to the public,” he added.

Presidential legal counsel head Salvador Panelo earlier said the suspension of the writ was effective during the regime of President Ferdinand Marcos.

“During Marcos’ time, the privilege of the writ of habeas corpus was suspended and it was effective… to fight the communist rebellion and other criminal elements,” Panelo told ANC.
The Communist Party of the Philippines and the New People's Army actually grew in strength during the Marcos administration.

Communications Secretary Martin Andanar denied that the idea of suspending the writ was brought about by the supposed failure of the anti-drug campaign of the administration.

Currently, the country is under the “state of lawlessness” following the Davao City bombing that left 15 people dead and more than 60 wounded.

Former President Elpidio Quirino first suspended the privilege of the writ of habeas corpus in some parts of Luzon due to the threat posed by the Hukbong Bayan Laban sa mga Hapon guerillas, or the Huks.

Marcos in 1971 also suspended the writ for the whole country following the grenade explosions at Plaza Miranda in Manila while the Liberal Party was conducting a rally. During the suspension and under martial law, which was declared a year later, the number of human rights abuses and the number of people who went missing.

Former president and now Pampanga Rep. Gloria Macapagal Arroyo was the last person to suspend the writ in 2009 in parts of Maguindanao province after Ampatuan massacre there that claimed 58 lives.