Martial law & uspension of habeas corpus

Discussion in 'Sins of Rody' started by Diablo, Nov 14, 2016.

  1. Diablo

    Diablo Administrator Staff Member

    Appears as though Digong intends to suspend habeas corpus, one of the basic rights of people in common law systems. A habeas corpus petititon requires the governement to produce you and show that you are rightfully detained. Without it, people can just disappear.

    And once again this sick puppy is talking of killing large numbers of people, alluding that there would be mass killings and burials (presumably of drug users & dealers) in Davao.

    Duterte may suspend writ of habeas corpus

    13 November 2016


    President Duterte has expressed plans to suspend the writ of habeas corpus to strengthen his anti-drug campaign and suppress “rebellion” in Mindanao. A writ of habeas corpus, which literally means to “produce the body,” is an order to deliver an imprisoned individual to a court. Duterte said he wanted to take all drug pushers off the streets and have the last drug lord killed during his term.

    “If you do not give me a choice, and then you box me in a corner and I find myself helpless… Those are really provisions intended to protect the Republic of the Philippines,” Duterte said in a speech on Friday night in Davao City where the Pilipinong May Puso Foundation Inc. was launched to mark the 100th birth anniversary of his mother Soledad. He said the writ suspension would also be in response to the ongoing rebellion “being waged now in Mindanao.”


    ...

    In saying that he would not be declaring martial law, Duterte explained this was because he did not have any plans to perpetuate himself in power. “I don’t have political plans. But I will (suspend the writ of habeas corpus) if I have no remedy. I cannot issue an order without valid… I have to build a case one by one,” he said.

    “I will pick them all up. I will bring them to Samal. I will drill a hole in the middle of Samal so that it will submerge, including all of them,” he said, referring to the island-garden tourist haven off Davao City.

    http://www.philstar.com/headlines/2016/11/13/1643272/duterte-may-suspend-writ-habeas-corpus
     
  2. Diablo

    Diablo Administrator Staff Member

    In the know: Suspension of writ of habeas corpus

    13 November 2016


    Habeas corpus is the power of a court to require the state to produce a person in custody. Article VII, Section 18 of the Constitution allows the President to suspend the privilege of the writ of habeas corpus for not more than 60 days, “in case of invasion or rebellion, when the public safety requires it.”

    http://newsinfo.inquirer.net/843703/in-the-know-suspension-of-writ-of-habeas-corpus
     
  3. Diablo

    Diablo Administrator Staff Member

    You don't "float" ideas like this unless you are looking for a way to pull it off. Now that they have tested the waters, expect habeas corpus to be suspended.

    Palace: Writ suspension just an idea… for now

    14 November 2016


    No need to push the panic button: President Duterte’s pronouncement about the possible suspension of the writ of habeas corpus is just an idea at this time. “Is it effective already? What’s the question? The suspension of the writ of habeas corpus is an idea that was floated,” Communications Secretary Martin Andanar said yesterday ...
    Asked what safeguards would be implemented to prevent the abuse of the suspension of the writ, Andanar stressed the idea was only food for thought. “He has not announced the suspension of the writ of habeas corpus. It is just an idea,” he said, referring to Duterte ... Duterte on Friday said he might suspend the writ of habeas corpus if lawlessness spreads in Mindanao. He said such move would strengthen his campaign against illegal drugs and rebellion.

    http://www.philstar.com/headlines/2016/11/14/1643622/palace-writ-suspension-just-idea...-now
     
  4. Diablo

    Diablo Administrator Staff Member

    De Lima to Duterte: 'Stop toying' with idea of suspending writ of habeas corpus

    13 November 2016


    Sen. Leila de Lima told President Rodrigo Duterte Sunday to "stop toying" with the idea of suspending the writ of habeas corpus "to legitimize his administration’s flawed war against illegal drugs." De Lima said that suspending the writ would result in more innocent deaths, desecration of human dignity and violation of human rights.


    The senator urged Duterte to instead review what his administration has so far achieved since placing the country under a state of lawless violence against illegal drugs and terrorism for more than two months after the bomb attack in Davao City that left 15 dead and dozens hurt. She said doing so could address defects of the administration's war on drugs "and curb its abuses to prevent extrajudicial killings and summary executions."



    De Lima added that since there is no perceived or actual threat of rebellion or invasion, there is no compelling reason to suspend the writ of habeas corpus. "The government’s so-called 'war on drugs' does not fall into the category of either rebellion or much less, invasion," she said.

    http://www.philstar.com/headlines/2...top-toying-idea-suspending-writ-habeas-corpus
     
  5. Diablo

    Diablo Administrator Staff Member

    I seriously doubt that Digong & Bato care any more about constitutional shortcoming than they care about rule of law and due process in the first place.

    Suspending writ of habeas corpus not justified by war on drugs—solons

    14 November 2016


    Two lawmakers in the House of Representatives on Monday said the administration’s war on drugs is not a justification for President Rodrigo Duterte to suspend the privilege of the writ of habeas corpus. During the “Ugnayan sa Batasan” press briefing led by majority lawmakers in Congress, Ako Bicol Rep. Rodel Batocabe said the war against drugs does not fall under the two instances allowable under the Constitution for the writ of habeas corpus to be suspended—invasion and rebellion.

    ...

    The lawmaker said he was able to talk to Philippine National Police Director General Ronald “Bato” Dela Rosa who told him that the suspension of the privilege of the writ is crucial in the administration’s bloody war against drugs.

    ...

    Duterte also cited the rebellion in Mindanao and the proliferation of illegal drugs in the country. But Batocabe said even a state of lawlessness does not fall under the condition of invasion and rebellion. Batocabe also said the Constitution is strict in its checks and balances, giving powers to Congress and the Supreme Court to look into the President’s request to suspend the writ. “Lawless violence does not constitute rebellion. Iba ang rebellion sa lawless violence. Very clear ang Constitution (Rebellion is different from lawless violence. The Constitution is very clear). I believe it should be strictly interpreted considering the intent of the constitutional framers,” Batocabe said.

    http://newsinfo.inquirer.net/844095/suspending-writ-of-habeas-corpus-not-justified-by-war-on-drugs-solons
     
  6. Diablo

    Diablo Administrator Staff Member

    "To serve and protect ...", and to execute in their jail cells and ambush ten at a time at PNP roadblocks ...

    Bato: Suspension of habeas corpus to boost drug war

    14 November 2016


    Director General Ronald dela Rosa on Monday welcomed President Rodrigo Duterte’s remark that he might suspend the privilege of the writ of habeas corpus to suppress the drug menace in the country. In a press briefing in Camp Crame, Dela Rosa said the suspension of the privilege would be of great help to the administration’s war on drugs as it would make the job of policemen “easier.”

    ...

    Dela Rosa also allayed fears that suspending the privilege would be prone to abuse of power by policemen. The writ requires the state to produce the body of a person in custody. Suspending it would essentially allow warrantless arrests ... “We are here to serve and protect ... ” he added.
    http://newsinfo.inquirer.net/844070/bato-suspension-of-habeas-corpus-to-boost-drug-war
     
  7. Diablo

    Diablo Administrator Staff Member

    This article whitewashes it a bit, leaving out the part about digging a hole in a Davao park & throwing the bodies into it.

    Suspending writ Duterte ‘stern warning’ to lawless elements—Palace

    14 November 2016


    Malacañang on Monday said President Rodrigo Duterte’s pronouncement that he might suspend the privilege of the writ of habeas corpus was a “stern warning” to lawless elements and perpetrators of violence. “President Duterte continues to underline the need for vigilance as we seek to establish peace within our borders, especially in Mindanao where the state of emergency on account of lawless violence has not yet been lifted,” Presidential Spokesperson Ernesto Abella said in a statement. “As we are under a state of emergency on account of lawless violence in Mindanao, and should conditions are in place that demand it, the President may have this option. This serves as a stern warning to lawless elements that he would use his executive powers in accordance to what the Constitution allows,” he added.

    http://newsinfo.inquirer.net/844036/suspending-writ-duterte-stern-warning-to-lawless-elements-palace
     
  8. Diablo

    Diablo Administrator Staff Member

    Of course it is, it's always "easier" for cops when they don't have to respect people's right and comply with due process and the rule of law. Suspending habeas corpus will magnify the Philippine's problems with corrupt & lawless cops many times over.

    Bato backs Duterte push for habeas corpus suspension

    14 November 2016


    Philippine National Police (PNP) chief, Director General Ronald Ronald "Bato" Dela Rosa is supporting President Rodrigo Duterte's move to suspend the writ of habeas corpus, if needed, in order to boost the war on illicit drugs. Dela Rosa said suspending the legal safeguard against arbitrary arrest and detention will make cops' jobs easier ... Number 1, it will make our job easier; number 2, it will provide enough deterrence to the drug violators," he said Monday.

    http://news.abs-cbn.com/news/11/14/16/bato-backs-duterte-push-for-habeas-corpus-suspension
     
  9. Diablo

    Diablo Administrator Staff Member

    Lacson nixes suspension of habeas corpus over drug problem

    14 November 2016


    Senator Panfilo Lacson does not believe President Rodrigo Duterte can suspend the privilege of writ of habeas corpus over the drug problem. While illegal drugs may be a national security issue, Lacson said the Philippine Constitution specifically limits the scenarios by which a president may declare such suspension to rebellion and invasion. "'Pag (If) illegal drugs, how can he justify suspension of the privilege of writ of habeas corpus? I don't think so," he said in an interview on ANC. "It is not included in the provision sa Constitution.

    http://news.abs-cbn.com/news/11/14/16/lacson-nixes-suspension-of-habeas-corpus-over-drug-problem
     
  10. Diablo

    Diablo Administrator Staff Member

    Just wait until it's time to make the payments for the thousands that Rody has slaughtered.

    Palace: Habeas corpus suspension just an option

    14 November 2016


    Suspending the privilege of the writ of habeas corpus is among the president's options if conditions demand it, his spokesperson said Monday, adding President Rodrigo Duterte's statement was a "stern warning." Duterte said over the weekend while talking about the peace and order situation in parts of Mindanao that "if you force my hand… I will declare the suspension of the writ of habeas corpus."

    ...

    President Ferdinand Marcos suspended the writ of habeas corpus, which is a court order directing authorities to deliver a person in their custody before the court, in August 1971 in response to the Plaza Miranda bombing. He declared martial law a little over a year later. A government board is currently processing reparations claims from victims of human rights abuses under the Marcos administration.

    http://www.philstar.com/headlines/2016/11/14/1643676/palace-habeas-corpus-suspension-just-option
     
  11. Diablo

    Diablo Administrator Staff Member

    A mere idea which, once floated, will not be a shock when it becomes reality ...

    ‘Habeas corpus plan part of calibrated response vs rebellion’

    15 November 2016


    Suspending the writ of habeas corpus is a “calibrated response” to the rebellion in Mindanao and the brazen disregard for the rule of law particularly by drug offenders, President Duterte said yesterday. In remarks at the 80th anniversary of the National Bureau of Investigation (NBI), Duterte said such drastic move would ensure the stability of the country and the economy. He said he has begun laying down the groundwork for his possible suspension of the writ of habeas corpus, which his communications officials had described as a “mere idea.”

    http://www.philstar.com/headlines/2...us-plan-part-calibrated-response-vs-rebellion
     
  12. Diablo

    Diablo Administrator Staff Member

    'cept that any rebellion is only in Duterte's mind. "Lawless violence" is meaningless; most violence is lawless yet does not constitute rebellion.

    Palace: Duterte empowered to lift habeas corpus writ amid rebellion

    15 November 2016


    President Duterte would resort to “more drastic action” by suspending the writ of habeas corpus if perpetrators of “lawless violence” in Mindanao continued to pose danger to the public, Malacañang warned. In a statement Monday, presidential spokesperson Ernesto Abella maintained that Article VII, Section 18 of the 1987 Constitution gave the President the authority to lift the writ “in case of invasion and rebellion.” His rather strongly worded statement seemed to run counter with the remarks of Presidential Communications Secretary Martin Andanar, who tried to downplay Mr. Duterte’s threat by saying that the suspension of the writ was merely “an ...


    http://newsinfo.inquirer.net/844335/palace-duterte-empowered-to-lift-habeas-corpus-writ-amid-rebellion
     
  13. Diablo

    Diablo Administrator Staff Member

    In other words, he'll bide his time & suspend habeas corpus ... later.

    Duterte ‘thinking aloud, not serious’ about suspending writ—solons

    November 15 2016


    President Rodrigo Duterte said he was just “thinking aloud” when he spoke about the possibility of suspending the privilege of the writ of habeas corpus if lawlessness in the country escalated. This was how Senate President Aquilino “Koko” Pimentel III quoted the President as saying during a “mini” Legislative-Executive Development Advisory Council (Ledac) meeting on Monday night.


    http://newsinfo.inquirer.net/844349/duterte-thinking-aloud-not-serious-in-suspending-writ-senators
     
  14. Diablo

    Diablo Administrator Staff Member

    Explainer: Why is the writ of habeas corpus important?

    16 November 2016


    President Rodrigo Duterte’s warning that he would suspend the writ of habeas corpus elicited criticisms and reminders to the chief executive of a dark period in recent Philippine history. In two tweets on Monday, Sen. Sonny Angara summed up the fear. “Incumbent officials should be careful when talking about the suspension of the writ of habeas corpus. Very peculiar history since the 70s,” he said. “The safeguards of the 1987 Constitution on the suspension of the writ of Habeas corpus r there bec.of official abuse/misuse decades ago.”

    It was April 1974 at dawn when members of the Philippine Constabulary’s intelligence unit, then headed by former President Fidel Ramos, arrested Boni Ilagan. It was over a year since Ferdinand Marcos declared Martial Law which suspended civil rights and imposed military authority in the country. At that time the acclaimed writer went underground as many students of the University of the Philippines opposing the corrupt dictatorship did. Ilagan and his companions, journalist Jose Lacaba and university professor Dolores Stephens Feria, were brought to Camp Crame. Ilagan said he was detained and placed under agonizing physical and psychological torture for ...

    Habeas corpus, which translates to “produce the body,” is suspended during martial law. It is an order to present a person before the court to determine if the arrest or imprisonment is legal or if the inmate must be released from custody. Simply put, it is a legal remedy that protects citizens from unlawful arrests and indefinite detentions. Amnesty International estimated that some 70,000 were imprisoned, 34,000 were tortured and 3,240 were killed during Martial Law. Duterte said he would suspend the writ if lawlessness prevails. He would do so to suppress the rebellion in Mindanao and stop the drug ...



    http://www.philstar.com/news-feature/2016/11/15/1644006/explainer-why-writ-habeas-corpus-important
     
  15. Diablo

    Diablo Administrator Staff Member

    Better bet is that he is "testing the water" and desensitizing people to the idea of suspending habeas corpus.

    Duterte just 'thinking out loud' on habeas corpus threat

    16 November 2016


    President Rodrigo Duterte was just “thinking out loud.” So said Senate President Aquilino Pimentel III on the president’s threat to suspend the writ of habeas corpus to deal with “lawlessness” in Mindanao ... Pimentel, however, said that while Duterte did not specifically say he will suspend the privilege of the writ of habeas corpus, he talked about his war on drugs.

    http://news.abs-cbn.com/news/11/15/16/duterte-just-thinking-out-loud-on-habeas-corpus-threat
     
  16. Diablo

    Diablo Administrator Staff Member

    *LOL* I don't think he even can think.

    Duterte urged anew: Be careful with pronouncements

    16 November 2016


    Opposition congressmen urged President Duterte yesterday not to be reckless in making pronouncements following the Chief Executive’s warning that he would suspend the privilege of the writ of habeas corpus to suppress the drug problem and “rebellion” in Mindanao if forced to do so. Albay Rep. Edcel Lagman also branded one of Duterte’s mouthpieces, Communications Secretary Martin Andanar, an “incorrigible brat” for calling martial law victims protesting the burial of the late dictator Ferdinand Marcos at the Libingan ng mga Bayani “temperamental brats.” Lagman said Duterte should always “articulate a statement that has undergone a thinking process and upon consultation with his Cabinet and/or advisers.”

    ...

    Rep. Tom Villarin of Akbayan party-list expressed belief the President’s warning about the writ’s suspension was serious, regardless of the efforts of his allies to now “trivialize it.” “It’s part of conditioning the people to eventually accept the suspension of the writ,” Villarin said.

    http://www.philstar.com/headlines/2016/11/16/1644308/duterte-urged-anew-be-careful-pronouncements
     
  17. Diablo

    Diablo Administrator Staff Member

    Would you trust a psychopath responsible for the deaths of thousands?

    Senators say Duterte unlikely to suspend writ of habeas corpus

    16 November 2016


    Senators who attended the informal meeting of the Legislative and Economic Development Council (LEDAC) with President Duterte say there was no indication the president will suspend the privilege of the writ of habeas corpus. Meanwhile, a political analyst warns suspending this privilege would erode political support for the president.

    http://news.abs-cbn.com/video/news/...rte-unlikely-to-suspend-writ-of-habeas-corpus
     
  18. Diablo

    Diablo Administrator Staff Member

    Just thinking out loud? Baloney! He's desensitizing people to the possibility.

    Duterte seeks support of congressional leaders for war on drugs

    16 November 2016


    Brandishing a 15-centimeter-thick file on government and police personnel allegedly involved in the narcotics trade, President Duterte on Monday night expressed frustration in a meeting with 10 senators and leaders of the House of Representatives at the enormousness of the drug menace besetting the country that even the declaration of martial law would not solve. Most of the discussions during the three-hour meeting in Malacañang centered on the drug war that Mr. Duterte launched upon his assumption of the presidency on June 30 to fulfill a campaign promise to eliminate what he had described as a “pandemic.”


    Mr. Duterte’s threat on Friday that he might suspend the privilege of the writ of habeas corpus amid his war on drugs and the rebellion in Mindanao had drawn widespread concern that it would be a step toward the imposition of martial law.

    “The President said he was just thinking out loud on weapons or ammunition or methods that are available to him. And that’s about it,” Pimentel told reporters.

    http://newsinfo.inquirer.net/844672/duterte-seeks-support-of-congressional-leaders-for-war-on-drugs
     
  19. Diablo

    Diablo Administrator Staff Member

    Duterte won’t declare martial law; he doesn’t have to

    16 November 2016


    I am absolutely confident that Pres. Rodrigo Duterte will not declare martial law. This confidence is based on the bountiful evidence that the Filipino people seem entirely too willing to voluntarily surrender their fundamental constitutional rights; so there would be no need to formally declare martial law.

    This conclusion is drawn from the public reaction to a speech Pres. Duterte delivered at the regional convention of the Integrated Bar of the Philippines (IBP) on Nov. 4. In that Manila Hotel speech, Duterte informed his audience of lawyers that there will be a massive demonstration against him in the United States next year and that the moving force behind this protest is Filipino American Loida Nicolas-Lewis. “Meron next year, a certain financier, mayaman na babae who married a black and is now a millionaire and she is planning to do massive demonstration,” he said. An online publication, politics.com.ph, reported Duterte’s speech in its Nov. 4, 2016 issue with this sensationalized banner headline: Duterte ‎unmasks Loida Nicolas Lewis’ plot to launch massive protests to oust him.” If that report is true, is that a crime? If not, why did Duterte feel the need to “unmask” Loida?

    ...


    Yet none of the Philippine lawyers at the Manila Hotel on Nov. 4 stood up to defend Loida Nicolas Lewis, who placed 7th in the Philippine bar exams in 1967, and who was the first Filipina to be admitted to practice law in New York state. None dared to assert to Pres. Duterte that Loida has every right to call for a peaceful demonstration against Duterte even if it is “massive.”

    ...

    There is good reason for Saguisag to be concerned for Loida’s safety. After Duterte’s attack against Loida appeared online, Duterte’s numerous supporters in social media immediately began trolling Loida in their Facebook pages.

    ...

    The malicious attacks on Loida Nicolas Lewis by Duterte on November 4 were not aimed at just silencing Loida but were directed at discouraging Filipino Americans from joining protest demonstrations against his administration.

    For the Filipinos in the Philippines, the message was delivered the following day on Nov. 5 when more than a dozen fully-armed members of the Criminal Investigation and Detection Group of Eastern Visayas (CIDG-8) arrived at the provincial jail cell of Albuera, Leyte Mayor Rolando Espinosa at around 4 a.m. “to serve a search warrant” on him. They removed all the jail guards and proceeded to shoot and kill Espinosa and his cellmate. Columnist Solita Monsod described the police officers’ cover story as “so flimsy it was evident that the police were confident that they would get away with it.”

    Sure enough, a week later, Duterte announced that he believed the version of events presented by the police whatever it is, as incredible as it may be. Duterte reiterated his promise to protect cops from being charged if the cases filed against them came while they were doing their duty

    As Rigoberto Tiglao commented in his Manila Times column on November 13, 2016: “Duterte’s stance means we no longer have a rule of law in this country but the rule of a President and his police who can execute anybody they want, and claim that their target had fought it out and the police didn’t have any choice but to defend themselves.” “The CIDG-8 demonstrated how the police can undertake such execution with total impunity and brazenness that we should all be outraged, not only at such trampling of our rule of law, but at such ruthless, merciless murder carried out by supposed agents of the law,” Tiglao wrote.

    So, it’s good news, bad news. The good news is that Pres. Duterte will not declare martial law. The bad news is that no one would notice it if he did.

    http://globalnation.inquirer.net/149608/duterte-wont-declare-martial-law-he-doesnt-have-to
     

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