Alarming shades of martial law are in the offing with President Duterte’s inclination of suspending the privilege of the writ of habeas corpus to reportedly “strengthen” the campaign against the drug menace and suppress the so-called “rebellion” in Mindanao.

There are no legal and factual bases for the suspension the privilege of the writ of habeas corpus.

The Constitution provides that the suspension of the privilege of the writ of habeas corpus may be made by the President only in “case of invasion or rebellion, when public safety requires it”.

The deadly campaign against drug traffickers and narcotic abuse is not a ground for suspension.

Claims of success of peace initiatives in Mindanao belie a brewing rebellion.

The suspension of the privilege of the writ of habeas corpus will only be a farce because the carcass of victims of extrajudicial killings may not be brought anyway before the courts even without the suspension since the privilege of the writ demands the judicial presentation of the live bodies.

Moreover, with the growing culture of violence and killings, the suspension of the writ may further embolden the police to summarily execute suspects or cause their involuntary disappearance.

Under the Constitution, the Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke the suspension of the privilege of the writ of habeas corpus, which revocation shall not be set aside by the President.

The Supreme Court may also review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the suspension of the privilege of the writ.

EDCEL C. LAGMAN