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Lawyer: No reason for Duterte to suspend privilege of the writ of habeas corpus

President Rodrigo Duterte’s threat to suspend the privilege of the writ of habeas corpus has no legal basis and is an illogical reaction to criticism and opposition, a human rights lawyer said.

“First of all, there is absolutely no legal, constitutional, and factual basis to suspend the privilege of the writ of habeas corpus,” National Union of Peoples’ Lawyers (NUPL) president Edre Olalia said.

Reacting to Duterte’s speech before prosecutors in Puerto Princesa City Thursday, Olalia said that Duterte only validated accusations of his whimsical and vindictive exercise of power.

“[H]is threat smacks of authoritarian reactions of a leader intolerant of dissenting or divergent opinions,” Olalia said.

Outraged at widespread criticisms of his policies, Duterte said he may arrest all his critics.

Pero ‘pag ako ang pinaabot niyo ng sagad, I will declare a suspension of writ of habeas corpus and I will arrest all of you. Isama ko kayo sa mga rebelde, kriminal, pati durogista,” Duterte said. (If you push me to my limit, I will declare a suspension of writ of habeas corpus and I will arrest all of you. I will put you together with the criminals, rebels, and drug lords.)

Duterte also threatened to declare “revolutionary war.”

Pahirapan mo ako, I will declare a revolutionary war until the end of my term. Pasensiyahan tayo,” he said. (If you make things difficult for me, I will declare a revolutionary war until the end of my term. We test each other’s patience.)

Olalia however the president’s reaction to cautionary criticisms to his policies by the opposition is illogical.

“[H]is threat smacks of authoritarian reactions of a leader intolerant of dissenting or divergent opinions,” Olalia said.

“[T]here is no other appropriate people’s reaction but to fight and fight we must against brute despotism clothed in legal garb,” he added.

Other criticisms

Former solicitor general and candidate for the Senate Florin Hilbay cautioned Duterte, saying the last president who did so was ousted.

“Ser, remind lang kita: nung last time na ginawa ‘yan, may diktador na nasipa sa pwesto,” Hilbay posted on his Facebook wall. (Sir, may I remind you: the last time that was done, a dictator was ousted.)

Fellow senatorial candidate Neri Colmenares for his part called President Rodrigo’s threat “baseless” and “senseless.”

Colmenares, a human rights lawyer, said criticism of the president does not meet the constitutional or legal requirements to suspend the privilege of the writ of habeas corpus.

He said Duterte’s “inordinate reaction to so innocuous a statement from Senator Drilon” led him to suspect the president’s anger stemmed from recently released videos accusing him and his son Paolo, who is running for congressman in Davao City, to the illegal drug trade.

“If so, the charges in the videos can only gain traction,” Colmenares said.

“This is the first time I’ve heard a government threatening revolutionary war,” Colmenares said.

National Democratic Front of the Philippines chief political consultant Jose Maria Sison also said Duterte cannot engage in a revolutionary war “because he is a counterrevolutionary agent of foreign monopoly capitalists, big compradors and big landlords.”

“He is a bureaucrat capitalist of the worst kind,” Sison wrote in his quick reaction to Duterte’s speech.

Sison added Duterte “should not misappropriate and besmirch the noble calling of revolutionary.”

“He is a tyrant, traitor, plunderer and mass murderer hell-bent on imposing a fascist dictatorship on the Filipino people through charter change to a bogus kind of federalism,” Sison added.

Sison said Duterte is already engaged in de facto martial law nationwide and in the de facto suspension of the writ of habeas corpus.

Duterte is increasingly engaged in mass intimidation, mass arrests and mass murders, the president’s former political science professor said.

Sison added that if Duterte formally proclaims the suspension of the writ of habeas corpus or even martial law nationwide, he will only succeed in further enraging the people and inciting them to wage all forms of revolutionary resistance.

“The real revolutionary war is against his ongoing counterrevolutionary war,” Sison said. # (Raymund B. Villanueva, with JJ Espina)