PRESIDENT Rodrigo Duterte was merely "warning" lawless elements when he announced that he might be forced to suspend the writ of habeas corpus if lawlessness escalates in the country, a Palace official said on Monday.
In a statement, Presidential Spokesperson Ernesto Abella said Duterte may suspend the writ of habeas corpus since the country is under the state of emergency on account of lawless violence.
“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 [to suspend writ of habeas corpus],” the presidential spokesperson said.
“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.
Article 7, Section 18 of the Constitution provides that “in case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus.”
The suspension of writ of habeas corpus allows warrantless arrest in the country.
Abella said the President is merely underscoring the need for the public to be vigilant because state of emergency on account of lawless violence has not yet been lifted.
“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.
Last Friday, the President said he might suspend the writ of habeas corpus, but was quick to clarify that he would not declare Martial law.
“If the lawlessness becomes widespread, I might be forced to [suspend the writ]. I don’t want this, I don’t want this because it’s not good. It’s just my warning to them,” Duterte said.
“But if you force my hand into it, I will declare the suspension of the writ of habeas corpus, not Martial law. I don’t have political plans,” he added. (Sunnex)