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MANILA – Presidential chief legal counsel Salvador Panelo on Sunday said the possible suspension of the writ of habeas corpus announced by President Rodrigo Duterte is an effective measure in curbing criminality as seen during the Marcos regime.
“During Marcos time, the privilege of the writ of habeas corpus has been suspended and it was effective during that time to fight the communist rebellion and other criminal elements,” Panelo told Nancy Irlanda on Dateline Philippines Weekend.
The President announced in a speech on Friday that he might be forced to suspend the writ if lawlessness in the country continues to spread.
The writ of habeas corpus grants a person the right to question in court any instance of unlawful detention.
Panelo added that the President, under the constitution, can suspend the writ if he feels that there is a need to do so.
“Regardless of any political public sentiment, the president is under the constitution duty-bound to protect and serve the people. If he feels that based on intelligence reports, [and] the facts given before him that there is a need for the suspension of the writ of habeas corpus, then he will do it,” Panelo said.
The President, under the 1987 constitution, may suspend the privilege of the writ of habeas corpus only in cases of invasion or rebellion and when public safety requires it.
Panelo, however, clarified that Duterte is only announcing the possible suspension if “there is no other available remedy” and that the President is unlikely to declare martial law.
“I don’t think martial law will be declared. There is only a need for the suspension of the writ of habeas corpus if, as the President said, he is forced to do it if the other remedies available to curb the drug menace are not available and will not suffice,” he said.
According to Panelo, they have been receiving intelligence reports that drug money is being used to fund the rebellion in Mindanao as well as terrorism activities of the Abu Sayyaf.
He also revealed that there are 10,000 government officials, both in the local and national level, linked to illegal drugs.
Panelo explained that the possible suspension of the writ is a way for the President to avoid being “chained” to the judicial process in addressing the drug problem since the President has to file cases against each person involved as prescribed by law.
“If you have 10,000 people involved in the drug menace, you have to file cases against them and you need to secure warrants of arrest as well as search warrants. Now, you have a problem there, it will take you an eternity,” Panelo explained.
Duterte placed the country under a state of lawless violence in September, following the Roxas night market blast in Davao City. (ABS-CBN News)
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