'Kapag may nakita talagang basehan pwede siyang mag-suspend ng
writ of habeas corpus at pwede siya magdeklara ng Martial Law (If there is a real basis, he can suspend the
writ of habeas corpus, and he can declare martial law),' he added.
The improvident extension of martial law and the suspension of the
writ of habeas corpus against remnants of terrorist groups is akin to killing a fly with a sledgehammer," he said.
"The Constitution provides that the declaration of martial law and the suspension of the
writ of habeas corpus shall be "for a period not exceeding sixty days", and any extension thereof may be granted by the Congress upon initiative of the President, in the "same manner" as the original proclamation sought to be extended," he said.
'We welcome the approval of both houses of Congress to extend the proclamation of martial law and the suspension of the privilege of the
writ of habeas corpus in the whole of Mindanao beginning January 1, 2018 until December 31, 2018,' Presidential Spokesperson Harry Roque said in a statement on Wednesday.
'In that case, hindi ako nag issue kaagad ng
writ of habeas corpus. Nagbigay lang ako ng show-cause citation.
However, unless what is happening in Marawi can be considered invasion or rebellion, methinks the President may as yet, strictly speaking, neither declare martial law nor suspend the privilege of the
writ of habeas corpus. This is without prejudice to the more or less reasonable presumption that, regarding the true state of the nation, the President knows more than what any other government official does, giving him the appropriate information
Daray granted the plea to withdraw the petition for the issuance of a
writ of habeas corpus.
'It's not true that the
writ of habeas corpus is meaningless.
11, 1971), the suspension of the privilege of the
writ of habeas corpus was subjected to judicial scrutiny.
A state prisoner filed a petition for a
writ of habeas corpus, claiming that his due process rights were violated when a prison disciplinary committee revoked his good time credits.
In the petition, the minority bloc said the proclamation of martial law and the suspension of the privilege of the
writ of habeas corpus were unjustified and lacked sufficient factual basis.
Edcel Lagman said the proclamation of martial law and suspension of the privilege of the
writ of habeas corpus were unjustified and lacked sufficient factual basis.