MANILA, Philippines (Updated 2:26 p.m.) — A national state of emergency does not suspend human rights and the writ of habeas corpus in the country, the Commission and Human Rights said.

This follows Interior and Local Government Undersecretary Martin Diño’s remarks in a radio interview that “human rights are withdrawn during State of Emergency.”

In a March 21 interview on Superadyo dzBB, he said: “Wala na hong karapatan. Tandaan niyo, State of Emergency ngayon. Ang karapatan pantao ay nawawala pagdating ng State of Emergency... ‘Pag ka ho may state of emergency, ‘yung writ of habeas corpus ay nawawala na po yan.”

Diño's assertion is incorrect. The 1987 Constitution only allows the suspension of the privilege of the writ of habeas corpus—a safeguard against arbitrary arrest and detention—in extraordinary circumstances. A state of emergency is not among those circumstances.

An earlier state of national emergency, declared in September 2016 and never lifted since then, did not suspend the privilege.

In a statement, the human rights commission said “there may be acceptable restrictions” during the state of national emergency, such as freedom of movement in support of social distancing.

“But restrictions must also follow human rights standards, such that they should be lawful, necessary, proportionate, and should not be used to target specific groups, minorities or individuals,” the Commission stressed.

Government guidelines

President Rodrigo Duterte ordered an “enhanced community quarantine” across Luzon from March 17 to April 12, among the latest stringent measures enforced to curb the spread of the novel coronavirus disease.

Under the guidelines, movement is restricted and only essential workers and those doing essential trips—such as buying groceries and medicines—are allowed to leave the house.

Duterte also issued Proclamation 929 and placed the entire country under State of Calamity due to the coronavirus disease on March 16. Prior to this, Duterte on March 8 declared public health emergency, through Proclamation 922.

Neither declaration did not contains a provision declaring a suspension of the writ of habeas corpus—safeguards against warrantless arrest—nor did it state that human rights are no longer given.

The Constitution also holds that the privilege of the writ of habeas corpus shall only be suspended “in cases of invasion or rebellion or when the public safety requires it.”

CHR also pointed out that even DILG circular states that there shall be “no violations of human rights,” amid the implementation of the enhanced community quarantine.

Part of the DILG Memorandum Circular 2020-062 reads: “LGUs are to ensure that no violations of human rights are committed by any border patrol staff or any employee or officer granted authority by it to perform tasks relative to the implementation and maintenance of the enhanced community quarantine.”

NUPL: There are and there should be rights during emergencies and calamities

The National Union of Peoples’ Lawyers also stressed that “there are and should be” rights during emergencies and calamities, although these may be limited and regulated.

NUPL issued a legal opinion on Sunday night on questions relating to the quarantine enforced across Luzon.

The group of lawyers noted that even with the most extreme situation, the Constitution, which includes the Bill of Rights and Social Justice provisions, remains operative.

“The right to life, to health, to basic social services, to free expression, free press, participation in matters of public concern, and many other basic rights are not quarantined, and even gain more importance and significance during situations such as the present one,” they added.