SENATOR Leila de Lima objected to a proposal of Senator Richard Gordon to suspend the writ of habeas corpus, which will allow warrantless arrests, to give muscle to the government anti-drug drive.
Citing the Constitution, de Lima said that the privilege of the writ of habeas corpus can be suspended only in cases of rebellion and invasion.
She maintained that using "war" to describe the anti-drug campaign is just a figure of speech.
"We should not take the analogy too far as to think that the drug war is a literal war between armed combatants dedicated to waging said war, and treat drug lords and pushes as foreign invaders or rebels out to overthrow government. They are not," De Lima said.
Habeas corpus is the power of the court to require the State in general to produce before the court the physical body of a person in its custody, whether detained legally or illegally.
"The privilege of the writ is the remedy of a petitioner to question the legality of the detention and to ask the court to order the release of the body in the event that his detention is illegal," de Lima said.
Expressing fear of abuse, de Lima said this move to suspend the writ of habeas corpus will legitimize situations of warrantless arrest, prolonged detentions without being formally charged in court or other situations which would otherwise be deemed arbitrary or illegal.
Senator Gordon said he will file next week a Senate bill, which would grant extended authority to President Rodrigo Duterte to address the drug problem and terrorism in the country.
Gordon said that if the suspension of the writ of habeas corpus will take effect, the government's move to quell terrorism and illegal drugs will be more effective.
This, he said, will grant the President the authority to make an arrest without the warrant "which will bolster his war against illegal drugs."
"Instead of pretending that we really want to get rid of drugs, let's go straight and give him a chance to do his job, but of course with Congress in control of the situation," Gordon said. (Sunnex)