A declaration of the suspension of the writ of habeas corpus might be forced by President Rodrigo Duterte if the status in Mindanao worsens.
This declaration has been announced by the president last November 11, 2016 at the launching of the Pilipinong May Puso Foundation in Davao.
President Duterte said that he would consider the declaration if the rebellion that is ongoing in Mindanao will get out of control.
The suspension of writ of habeas corpus is a sign that police can start picking up those who are involved in the said disorder.
“At kung magkalat itong still lawlessness, I might be forced to – ayaw ko, ayaw ko. Warning ko lang sa kanila ‘yan ayaw ko kasi hindi maganda.” He said.
He said that declaration of the writ will be necessary when he thinks that he is helpless to the country he is serving.
“If you don’t give me a choice then you box me in a corner and I find myself helpless because we have… kaya nandiyan ‘yan eh” Duterte also stated.
According to the 1987 Constitution, the president may declare a suspension of the writ of habeas corpus in cases like an invasion of foreign countries, rebellion and when public safety is at hand.
Chief Presidential Legal Counsel Salvador Panelo said that the suspension that President Duterte assumed is an effective measure in fighting criminality if based on the Marcos regime.
The Chief Presidential Legal Counsel also added that President Duterte can suspend the writ if the public is at stake in accordance to the constitution.
However, Panelo clarified that the president is only announcing the remedy of the possible suspension of writ of habeas corpus and unlikely to declare martial law.
The country has been placed under the state of lawlessness by President Duterte when bombing at a night market in Davao happened last September.