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Duterte threatens to suspend writ of habeas corpus if lawlessness persists

There is a possible suspension of the privilege of the writ of habeas corpus if lawlessness persists in Mindanao, President Rodrigo Duterte said on Friday.

“There is a rebellion being waged down in Mindanao. At kung magkalat still itong lawlessness, I might be forced to… ayaw ko, ayaw ko, warning ko lang sa kanila yan kasi hindi maganda. But if you force me to hand into it, I will declare the suspension of the writ of habeas corpus,” Duterte said.

“Not martial law kasi wala akong balak sa politika kasi wala akong remedy,” he clarified.

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The writ of habeas corpus gives a person the right to contest before the court before he or she is arrested or put to jail. Simply put, suspending the writ will give the state the power to arrest and jail anyone without undergoing any trial.

President Duterte said that he wants to suspend the writ so that he can “pick-up” the people behind the persisting lawlessness in the country.

“I will declare a suspension of the writ of habeas corpus, pick-upin ko ‘yan lahat. Dalhin ko sa Samar, butasin ko yung Samar sa gitna para kasali na sila. Mamili sila,” Duterte said.

The 1987 Constitution indicates that a president may only suspend the privilege to the writ if there are cases of invasion or rebellion that puts public safety at risk. There are provisions that the President said to be really “intended to protect the Republic of the Philipines.”

However, he added that, “I can be ordered by the Supreme Court to stop it but there are things that they cannot, and maybe I will not, stop. E bahala na, sabihin ko muna tapusin ko ito then I can go to jail. File all charges that you can think of. But this country, in my time, will not deteriorate any further.”

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Senator Richard Gordon had earlier pushed for a law that would suspend the writ of habeas corpus in order to help the President on his war against illegal drugs.

As of now, the country is still under a state of lawless violence after President Duterte declared it in September following the night market bombing in Davao City.

Sources: (philstar.com, rappler.com, gmanetwork.com)

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