BAYAN Muna Partylist Representative Carlos Isagani Zarate said the suspension of the privilege of the writ of habeas corpus is not necessary nor legally allowed on the basis of lawlessness.
Zarate issued the statement after President Rodrigo Duterte warned he may be forced to suspend the writ of habeas corpus if lawlessness in the country escalates, though he would not declare martial law.
Duterte issued the warning following the rebellion in Mindanao, the worsening battle with the Maute group and the alleged wide spread of illegal drug operations in the country.
Zarate, in his statement, said the suspension is not necessary.
Zarate added the 1987 Constitution limits the grounds only to invasion or rebellion and when public safety is required.
"From the pronouncements of the top executive and the police officials, the drug campaign is going well - leveling up, in fact, they said--and peace talks with rebel forces are progressing," Zarate said.
The suspension of the writ of habeas corpus will essentially allow warrantless arrests.
The writ, if granted by the court, requires the state to produce the body of a person in custody.
According to the 1987 Constitution, the president may suspend the privilege of the writ of habeas corpus in case of invasion or rebellion, when the public safety requires it, for a period not exceeding 60 days.
