Speaker Pantaleon Alvarez on Monday said he would leave it to President Rodrigo Duterte if he would like to suspend the privilege of the writ of habeas corpus.

In a television interview with GMA, Alvarez, Duterte’s staunchest ally in Congress, however vowed that Congress would maintain its independence in studying the proposal if Duterte reported it to Congress.

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Under the 1987 Constitution, the President may suspend the privilege of the writ of habeas corpus for a period not exceeding 60 days in case of invasion or rebellion, when the public safety requires it.

The Constitution also requires the President within 48 hours to submit a report to Congress about the suspension of the privilege of the writ of habeas corpus.

Congress, voting jointly, may revoke such a suspension by a majority vote, or even extend it if the invasion or rebellion will persist and public safety requires it.

“The President is entitled to order such suspension in accordance with the provisions of the Constitution of the Philippines,” Alvarez said.

“Ngayon nasa sa desisyon niya yan kung sa tingin niya ay kinakailangan na suspendihin ang writ of habeas corpus. Dapat pagpasyahan niya sapagkat Presidente lang ang puwedeng magpasya,” he added.

Alvarez maintained the House of Representatives would not be a rubber stamp of the administration.

Duterte is supported by a super majority of allies in both houses of Congress.

“Depende iyan, kung talaga namang kinakailangan, bakit hindi ilulusot? At kung hindi naman kailangan, talagang hindi lulusot iyan. As I’ve said before, hindi naman tayo rubber stamp ng Malacanang,” Alvarez said.

Alvarez begged off from commenting if there is factual basis to suspend the writ, noting that it is for the executive department to decide.

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“Hindi namin trabaho yan, trabaho ng Presidente yan dahil siya ang head ng Executive branch. Ngayon kung inaakala niyang in his own discernment noong problema kinakailangan niyan, nasa sa kanyang option yun,” Alvarez said.

Alvarez said it would be speculative to comment if there is justification for the suspension of the writ.

“Saka na natin tatalakayin iyan kapag ginawa na talaga ng Presidente iyon at titingnan natin kung ang pagdeklara ng suspensyon ng writ of habeas corpus ay mayroong sapat na basehan. Pero sa ngayon mahirap po ang mag-speculate,” Alvarez said.

READ: Suspension of writ of habeas corpus just an ‘idea’ — Palace

The suspension of the privilege of the writ of habeas corpus would essentially allow warrantless arrest. The writ is a privilege given to aggrieved parties seeking the court’s intervention for the state to produce the body of a person in custody.

Under Article VII, Section 18 of the Constitution, the President may suspend the privilege of the writ of habeas corpus in case of invasion or rebellion, or when the public safety requires it, for a period not exceeding 60 days.

The Supreme Court, under the Constitution, may also review the factual basis of the suspension of the privilege of the writ or the extension upon the filing of a petition from a concerned citizen.

President Duterte in first floating the idea to suspend the writ singled out the terrorist activities of the Lanao-based group Maute group which was responsible for the September bomb attack at a night market in Davao city that left 15 dead.

READ: Duterte warns of suspension of habeas corpus writ

Duterte also cited the rebellion in Mindanao and the proliferation of illegal drugs in the country.

The dictator Ferdinand Marcos suspended the writ in 1971 following the Plaza Miranda bombing, supposedly to suppress the lawless violence of communist insurgents.

Marcos’ suspension of the writ and declaration of martial law paved the way for thousands of enforced disappearances, summary killings and human rights violations during his two-decade regime.

Marcos was recently allowed by the Supreme Court to be buried at the Libingan ng mga Bayani. JE/rga

READ: In the know: Suspension of writ of habeas corpus

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