MANILA, Philippines -- The suspension of the writ of habeas corpus proposed by Senator Richard Gordon is unconstitutional and could lead to violations of human rights, lawmakers and a leftist alliance said.

“Gordon’s proposal falls into the perceived calibrated scheme of the President increasingly exercising emergency powers, from a declaration of a state of national emergency on account of lawless violence to possibly culminating in a declaration of martial law,” Albay Representative Edcel Lagman said.

Lagman, a member of the opposition at the House of Representatives, gave five reasons why suspending the writ violates the Constitution:

1. The privilege of suspending the writ is granted to the President by the Constitution (Sec. 18, Art. VII), not by prior legislative authorization, “in case of invasion or rebellion, when the public safety requires it.”
2. The suspension of the writ is a presidential initiative and prerogative subject to revocation by the Congress “voting jointly by a vote of at least a majority of all its Members” which “revocation shall not be set aside by the President.”
3. An advance authorization by ordinary legislation is proscribed.
4. The suspension is limited to a maximum of 60 days, subject to extension at the initiative of the President with the concurrence of Congress.
5. The suspension of the writ shall “apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion,” not to drug related cases.

Read more:InterAksyon.com