Under the 1987 Constitution, he said, suspending the privilege of the writ of habeas corpus and declare martial law was to be granted not by legislative authorization but only “in case of invasion or rebellion, when the public safety requires it.”

Lagman added that the suspension of the writ should “apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion,” and not to drug related cases.

“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,” he said.

Read more: inquirer.net

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

Representative Edcel Lagman said that without an end-date, the declaration is like a sword hanging over the heads of the government's critics "in perpetuity". He added: "It has no limit, no time, no period."

And "while the wording of the declaration may be compliant with the Constitution, its implementation may be errant".

Read more: straitstimes.com

MANILA, Philippines – Without a specific area of coverage and period, President Rodrigo Duterte’s “State of National Emergency on Account of Lawless Violence in Mindanao” would be like a “Sword of Damocles” hanging over the head of every Filipino, an opposition lawmaker said.

And, backed by a so-called supermajority in Congress, additional powers could even be granted to the President, Albay Representative Edcel Lagman said Tuesday.

“The coverage is rather alarming because it’s nationwide, it’s not limited in Mindanao. In the resolutory clause, it’s says it’s the entire country. It has no limit, no time, no period, it says here (declaration) that it will stay until withdrawn by the President,” he said.

Read more: InterAksyon.com