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RODY TO MAINTAIN CHINA, ASEAN TIES AFTER TRUMP VICTORY[RELATED: New Philippine Ambassador Says China is Complying With Arbitration Rulingi]


NOVEMBER 11 -Philippine President Rodrigo Duterte, center, arrives for a meeting with Philippine community at a hotel in Kuala Lumpur, Malaysia, Wednesday, Nov. 9, 2016. Duterte is in Malaysia for an official visit. AP/Vincent Thian
President Rodrigo Duterte maintained that he will pursue the country's partnership with China and with other Southeast Asian nations despite a change of administration in the United States. "I will pursue what I've started. Not into the habit of reneging on my word. And my partnership with China, and rest of the ASEAN remains," Duterte said in a press briefing after arriving from Malaysia. The president stressed that he will prioritize the interest of the Philippines. "I will sail the state of the nation, and it should be pushed by the wind of self-interest only. The self-interest of our nation," the president said. READ MORE...RELATED,
New Philippine Ambassador Says China is Complying With Arbitration Rulingi...

ALSO: Digong, Donald seen hitting it off


NOVEMBER 11 -Duterte and Trump: Similarities in personality —AFP
Some lawmakers believe President Duterte will “hit it off” with US President-elect Donald Trump, but one says the two will likely butt heads over the South China Sea disputes. Speculation grew rife among lawmakers about the future relationship between the two unpredictable leaders whose ascension to power in each of their countries seemed to bear an uncanny resemblance. “Because of personality similarities, I think he and (Mr. Duterte) will hit it off. May be the best thing that happened to Philippines-US relations,” said Kabayan Rep. Harry Roque. The lawmaker predicted that Trump would choose not to escalate tensions in the South China Sea “because of his focus on the US economy.” READ MORE...

ALSO BREAKING NEWS - ‘New threats emerge’: Narco-terrorism, rebellion call for suspension of habeas writ — Palace


NOVEMBER 14 -Chief Presidential Legal Counsel Salvador Panelo (twitter.com/PTVph)
DRUG money is now funding the protracted rebellion and new threats in Mindanao, a senior Cabinet official said Sunday, citing intelligence reports. In an interview, Chief Presidential Legal Counsel Salvador Panelo used these reports to defend President Rodrigo Duterte’s plan to suspend the writ of habeas corpus, saying this would be an effective measure to curb the spread of criminality. “In the sense that we’ve been identifying all those involved [in the illegal drug trade], yes we’re making headway. But… we haven’t stopped it altogether,” Panelo told the ANC news channel. “There have been intelligence reports that drug money is being used to fund or finance the rebellion in Mindanao, as well as the terrorism by the Abu Sayyaf. Therefore under the Constitution, in case of invasion or rebellion, the President… can suspend the privilege of the writ of habeas corpus,” Panelo said.  READ MORE...

ALSO: Suspension of writ of habeas corpus 'just an idea' - Palace


NOVEMBER 12 -Communications Secretary Martin Andanar argued that the suspension of the writ of habeas corpus was just an idea raised by President Rodrigo Duterte in his speech. AP Photo/Bullit Marquez, File
President Rodrigo Duterte’s pronouncement about the possible suspension of the writ of habeas corpus is just an idea as far as Malacañang is concerned even as some sectors are worried that the move could lead to human rights violations. “Is it effective already? What’s the question? The suspension of writ of habeas corpus is an idea that was floated,” Martin Andanar told radio station dzRB Sunday. Asked what safeguards would be implemented to prevent the abuse of the suspension of the writ, Andanar said: “He (Duterte) has not announced the suspension of the writ of habeas corpus. It is just an idea.” READ MORE...

ALSO: Philippine habeas corpus cases are cases decided by the Supreme Court
[RELATED: Andanar: Possible habeas corpus suspension would be vs. drugs, not rebellion]


FROM WIKIPEDIA -The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be. In Philippine jurisdiction, the present 1987 Philippine Constitution, Article III, Section 15 provides that “The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.” In Article 8, Section 18, there are limitations imposed in case of suspension of the writ of habeas corpus.
Some Philippine habeas corpus cases" READ MORE...RELATED, Andanar: Possible habeas corpus suspension would be vs. drugs, not rebellion...


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Duterte to maintain China, ASEAN ties after Trump victory


Philippine President Rodrigo Duterte, center, arrives for a meeting with Philippine community at a hotel in Kuala Lumpur, Malaysia, Wednesday, Nov. 9, 2016. Duterte is in Malaysia for an official visit. AP/Vincent Thian

MANILA, NOVEMBER 14, 2016 (PHILSTAR) By Patricia Lourdes Viray November 11, 2016 - President Rodrigo Duterte maintained that he will pursue the country's partnership with China and with other Southeast Asian nations despite a change of administration in the United States. "I will pursue what I've started. Not into the habit of reneging on my word. And my partnership with China, and rest of the ASEAN remains,"

Duterte said in a press briefing after arriving from Malaysia. The president stressed that he will prioritize the interest of the Philippines. "I will sail the state of the nation, and it should be pushed by the wind of self-interest only. The self-interest of our nation," the president said.

READ MORE...

Duterte earlier expressed his warm congratulations to US President-elect Donald Trump.

The chief executive also said that he looks forward to working with the incoming Trump administration  for enhancing Philippine-US relations, which have cooled after the US raised concerns over deaths in the government's war on drugs.

During his state visit to China last month, Duterte announced that he is cutting military and economic ties with the US, the Philippines' long-time ally and trading partner.

He said he was joining the "ideological flow" of China and Russia. When Trump emerged the winner of the US elections earlier this week, Duterte announced that he no longer wants to pick a fight with the US and said that he has similarities with the new American president.

READ: We share passion to serve, says Duterte on Trump

----------------------------

FROM THE JAKARTA GLOBE (REUTERS)

New Philippine Ambassador Says China is Complying With Arbitration Ruling NOVEMBER 8, 2016

Manila. By letting Philippine fishermen return to the disputed Scarborough Shoal, China is complying with an international arbitral ruling, just without acknowledging it, Manila's incoming ambassador to Beijing said on Tuesday (08/11).

Jose Santiago Santa Romana, an academic and political appointee of President Rodrigo Duterte, said Beijing's end to its blockade of the South China Sea shoal meant that it was essentially following the July award by the tribunal in The Hague - a ruling China refuses to recognize.

Filipino fishermen say that since Duterte returned from his high-profile visit to repair ties with China last month, the Chinese coastguard has largely left them alone.

"China is now complying with the arbitration court's ruling, that's what our American lawyer is saying," he told Filipino businessmen at a forum, referring to Paul Reichler, the chief legal counsel for the Philippines in the case it lodged in 2013.

"China has insisted sovereignty over the Scarborough Shoal but promised to do something about our fishermen when the president raised the issue."

The remarks by Santa Romana, a scholar who specializes in China, may not be to Beijing's liking given its disdain for the tribunal.

It has bristled at calls by Western countries to comply with the award by the Permanent Court of Arbitration, which it called a "law-abusing tribunal", a "farce" and a "puppet" of external forces.

China claims most of the energy-rich waters through which about $5 trillion in ship-borne trade passes every year. Neighbors Brunei, Malaysia, the Philippines, Taiwan and Vietnam also have claims.

The tribunal ruled in favor of the Philippines in numerous areas, saying China's "nine-dash line" denoting its maritime sovereignty claims has no basis. It also declared the Scarborough Shoal a traditional fishing ground that all claimants were entitled to exploit.

The ambassador-designate said the Scarborough Shoal was discussed at length when he joined a team led by former Philippine president Fidel Ramos to meet "old friends" in Hong Kong in August with a view to breaking the ice with China.

"China has made a commitment that it will not reclaim the shoal, preserving it as a marine sanctuary, so it is not allowing even Chinese fishermen to fish inside the lagoon," he said, referring to what was discussed.

"The two countries should now work out some rules of engagement between our two coastguards to avoid a repeat of the standoff."

When asked last week about the Scarborough Shoal, China's foreign ministry last week said the situation "has not changed and will not change". Reuters


INQUIRER

Digong, Donald seen hitting it off By: DJ Yap, Jeannette I. Andrade - @inquirerdotnet Philippine Daily Inquirer / 01:17 AM November 11, 2016


Duterte and Trump: Similarities in personality —AFP

Some lawmakers believe President Duterte will “hit it off” with US President-elect Donald Trump, but one says the two will likely butt heads over the South China Sea disputes.

Speculation grew rife among lawmakers about the future relationship between the two unpredictable leaders whose ascension to power in each of their countries seemed to bear an uncanny resemblance.

“Because of personality similarities, I think he and (Mr. Duterte) will hit it off. May be the best thing that happened to Philippines-US relations,” said Kabayan Rep. Harry Roque.

The lawmaker predicted that Trump would choose not to escalate tensions in the South China Sea “because of his focus on the US economy.”

READ MORE...

“He may be more protectionist to Chinese goods but will care less about foreign policy,” Roque said.

‘Long live’ Trump

In Kuala Lumpur, Mr. Duterte congratulated Trump on his election win and said he would stop quarreling with the United States, recalling his anger at the Obama administration for criticizing him about human rights abuses in connection with his deadly war on drugs.

“I would like to congratulate Mr. Donald Trump. Long live,” Mr. Duterte said in a speech to the Filipino community during a visit to Malaysia.

“We are both making curses. Even with trivial matters we curse. I was supposed to stop because Trump is there. I don’t want to quarrel anymore, because Trump has won,” the President said.

The maverick leader, dubbed “Trump of the East” for his unrestrained rants and occasional lewd remarks, has repeatedly hit out at Washington in recent months, threatening to cut defense pacts and end joint military drills.

Mr. Duterte, who won the May election by a huge margin, was viewed as an alternative candidate outside of national politics.

He campaigned on a populist, antiestablishment platform and struck a chord among ordinary Filipinos with his promises to fix what he called a broken country.

Magdalo Rep. Gary Alejano, a member of the independent minority, suggested there might be friction between the two leaders particularly on the simmering territorial disputes in the South China Sea.

He recalled Trump mentioning during the campaign that he would strengthen the US military, indicating that the United States would try to send a clear message about its intentions in the disputed waters.

“Remember, Trump does not speak well of the Chinese and [China’s] aggressive actions in the South China Sea and criticized [President Barack] Obama for losing the Philippines to China,” Alejano said.

“We will expect bolder freedom of navigation operations in South China Sea,” he said.

Ifugao Rep. Teddy Baguilat said Mr. Duterte might feel more comfortable dealing with a President Trump than the latter’s predecessor “because he perceives that they think the same.”

But the opposition lawmaker cautioned that Trump, like the Philippine leader, was not a diplomat.

“He has expressed anti-Chinese sentiments. And he wants American military might to regain its former glory. The ‘Make America Great Again’ [slogan] could be a new imperialistic design,” Baguilat said.

Hostile leaders

Akbayan Rep. Tomasito Villarin said it seemed the United States was copying the Philippines by electing Trump.

“We are now in a volatile world with hostile leaders taking over,” he said.

Albay Rep. Edcel Lagman said winning elections seemed to be a question of the “loudness” of a candidate’s message.

Relations between Manila and Washington have cooled in the wake of Mr. Duterte’s anti-US rhetoric and cozying up to China and Russia.

His allies in the House, however, sounded optimistic about the future of Philippines-US relations under Trump.

“It is my hope that under a Trump administration, longstanding Philippine-American relations will continue to prosper on the basis of mutual trust and respect, mutual benefit, common adherence to democratic principles, and shared commitment to freedom, equality, justice and peace,” said Speaker Pantaleon Alvarez.

The surprise win of Trump has made the wisdom of the “hedging” strategy adopted by the Philippines more apparent.

According to the Philippine Association of Chinese Studies president, incoming Ambassador to China Chito Sta. Romana, hedging would reduce the risks for the country faced with uncertainty in the United States.


MANILA STANDARD

‘New threats emerge’: Narco-terrorism, rebellion call for suspension of habeas writ — Palace posted November 14, 2016 at 12:01 am by John Paolo Bencito, Sandy Araneta, Rey E. Requejo and Macon Ramos-Araneta


Chief Presidential Legal Counsel Salvador Panelo (twitter.com/PTVph)

DRUG money is now funding the protracted rebellion and new threats in Mindanao, a senior Cabinet official said Sunday, citing intelligence reports.

In an interview, Chief Presidential Legal Counsel Salvador Panelo used these reports to defend President Rodrigo Duterte’s plan to suspend the writ of habeas corpus, saying this would be an effective measure to curb the spread of criminality.

“In the sense that we’ve been identifying all those involved [in the illegal drug trade], yes we’re making headway. But… we haven’t stopped it altogether,” Panelo told the ANC news channel.

“There have been intelligence reports that drug money is being used to fund or finance the rebellion in Mindanao, as well as the terrorism by the Abu Sayyaf. Therefore under the Constitution, in case of invasion or rebellion, the President… can suspend the privilege of the writ of habeas corpus,” Panelo said.

READ MORE...

Defense Secretary Delfin Lorenzana, meanwhile, said that the President raised the possibility of suspending the writ of habeas corpus because of threats monitored in certain parts of Mindanao, but did not offer any specifics.

“I believe it is due to the continuing lawlessness in central Mindanao and the kidnapping in the high seas in Basilan and Sulu,” Lorenzana told Manila Standard in a text message.

On Friday night, Duterte said he may be forced to suspend the writ of habeas corpus if lawlessness in Mindanao continues.

The writ of habeas corpus grants a person the right to question in court any instance of unlawful detention. The President, under the 1987 Constitution, may suspend the privilege of the writ of habeas corpus only in cases of invasion or rebellion and when public safety requires it.

The country is still under a state of lawless violence, after the deadly Davao night market bombing in September that claimed 15 lives and injured more than 60 others.

Panelo admitted that the country’s slow judicial system is one of the reasons the President is considering suspending the writ of habeas corpus.

“If you have 10,000 people involved in the drug menace, you have to file cases against them and you need to secure warrants of arrest as well as search warrants. Now, you have a problem there, it will take you an eternity,” Panelo said.

The Palace official said that Duterte might not proceed with his plan is if lawless elements “would surrender to the authorities.”

He also said suspending the writ of habeas corpus proved effective in curbing criminality during the Marcos regime.

MARCOS ERA

“During Marcos’ time, the privilege of the writ of habeas corpus was suspended and it was effective during that time to fight the communist rebellion and other criminal elements.”

Panelo added that Duterte was considering suspending the writ if “there is no other available remedy,” adding that he was unlikely to declare Martial Law.

But Senator Panfilo Lacson, chairman of the Senate committee on public order and dangerous drugs, said the Supreme Court would surely shoot down the idea because the Duterte administration would be contradicting itself.

“It doesn’t speak well of the PNP’s war against illegal drugs and criminality,” said Lacson in response to a question about the possible suspension of the writ of habeas corpus.

Such a move, he said, would mean the police are losing the war against illegal drugs and criminality amid their declaration that crime went down 49 percent.

“Because the police said, and we believe them since they showed us the statistics, that the index crimes dropped by more than 40 percent. But now they’re talking about the need to suspend the writ of habeas corpus due to a state of lawlessness. That’s a big blow. It doesn’t speak well of the efforts of the PNP to curb criminality,” Lacson said over radio dzBB Sunday.

While the President has the power to suspend the writ of habeas corpus, Lacson said he was certain the move would be questioned before the Supreme Court.

ABU SAYYAF

At the same time, Lacson said the killing by the Abu Sayyaf of a German woman and abduction of her companion from their yacht last week was “an isolated case.”

“The military says it is winning against the Abu Sayyaf. If they make that the reason for suspending the writ of habeas corpus, it’s like saying the military is losing to the Abu Sayyaf,” he added in Filipino.

Lacson said although suspension of the writ can only run 60 days at most, “a lot of things can already happen within that span of time.” Numerous warrants of arrest could suddenly be issued as a result, he added.

But Lacson said he has learned not to take Duterte’s statements literally and said his declaration could have been a form of “psy war” against the criminals.

HYPERBOLE

Justice Secretary Vitaliano Aguirre II played down reports that Duterte might suspend the writ of habeas corpus, saying it was probably hyperbole to scare drug traffickers.

“That is the nature of the President. He is fond of hyperbole but he really doesn’t intend to do those [warnings]. Maybe he was just thinking out loud when he said that he will go as far as suspending the writ of habeas corpus if the drug syndicates won’t stop,” Aguirre said in a phone interview.

The Justice secretary said the President, being a lawyer, is aware of the legal requisites for suspending the writ of habeas corpus, which protects the rights of citizens against unlawful or arbitrary detention by the government.

“The President is aware that he cannot just declare such suspension of the writ of habeas corpus just because of state of lawlessness. There has to be either actual rebellion or invasion of the country,” Aguirre said.

Aguirre said the President knew about this limitation in the aftermath of the deadly bombing in Davao City last September that left 15 killed and dozens injured.

“You cannot say that there was rebellion at that time. There was also no invasion in Mindanao at that time,” he said.

SENATORS

Duterte critic Senator Leila de Lima agreed with Lacson that the President should stop toying with the idea of suspending the writ of habeas corpus, saying it was a desperate attempt to legitimize his administration’s “flawed” war on illegal drugs.


PHILSTAR

Suspension of writ of habeas corpus 'just an idea' - Palace By Alexis Romero (philstar.com) | Updated November 13, 2016 - 6:36pm 12 113 googleplus0 0


Communications Secretary Martin Andanar argued that the suspension of the writ of habeas corpus was just an idea raised by President Rodrigo Duterte in his speech. AP Photo/Bullit Marquez, File

MANILA, Philippines — President Rodrigo Duterte’s pronouncement about the possible suspension of the writ of habeas corpus is just an idea as far as Malacañang is concerned even as some sectors are worried that the move could lead to human rights violations.

“Is it effective already? What’s the question? The suspension of writ of habeas corpus is an idea that was floated,” Martin Andanar told radio station dzRB Sunday.

Asked what safeguards would be implemented to prevent the abuse of the suspension of the writ, Andanar said: “He (Duterte) has not announced the suspension of the writ of habeas corpus. It is just an idea.”

READ MORE...

A writ of habeas corpus, which means “produce the body,” is an order to deliver or present the body of an imprisoned person. It allows a person to question or challenge an unlawful detention before a court.

Last Friday, Duterte said he might suspend the writ of habeas corpus if lawlessness spread in Mindanao. He said such move would strengthen his campaign against illegal drugs and rebellion.

“If lawlessness spread, I might be forced to. I really don’t like to. It’s my warning to all of them. I really don’t like it because it’s not good. But if you force my hand into it, I will declare the suspension of the writ of habeas corpus, not Martial Law,” the president said in a speech in Davao City.

“If you don’t give me a choice then you box me in a corner and I find myself helpless because it has been there. Those are really provisions intended to protect the Republic of the Philippines,” he added.

“I can be ordered by the Supreme Court to stop it but there are things that they cannot, and maybe, I will not stop. I will tell them I have to finish this first then I can go to jail.”

Article VII, Section 18 of the 1987 Constitution states that the suspension of the privilege of the writ of habeas corpus “shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.”

“During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released,” the provision read.

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

Asked what factors would prompt Duterte to suspend the writ, Andanar said: “I do not want to preempt the president with regard to the conditions he would set if ever he would suspend the writ of habeas corpus for the fight against illegal drugs.”

Andanar claimed that the idea of suspending the writ is not an admission that the administration’s anti-drug campaign has failed. He noted that the president had sought a six-month extension to his six-month crackdown against narcotics.

“It does not mean that we have failed in our campaign against illegal drugs. It only means that the president discovered just now that our problem on illegal drugs is this rampant,” Andanar said.

“It’s that simple. It’s just calling a spade a spade,” he added.

Andanar claimed that the number of government personnel involved in illegal drugs is “beyond our expectation.”

“It is not an overnight campaign. It is not a campaign that can be done in just six months and the president has already mentioned that,” he said.

“The president is so worried already. He mentioned several times that he needs the help of everyone and he cannot do it alone.”

Last September, the president placed the country under a “state of emergency” following a blast in Davao City that left at least 14 persons dead and about 60 others wounded.

The declaration, which was contained in Proclamation No. 55, also directed the military and the police to “to undertake such measures as may be permitted by the Constitution and existing laws to suppress any and all forms of lawless violence in Mindanao and to prevent such lawless violence from spreading and escalating elsewhere in the Philippines, with due regard to the fundamental civil and political rights of our citizens.”

“The state of lawless violence was imposed to counter the bomb threats of terrorists. That's been effective in terms of thwarting terrorists’ plans and capturing the suspects,” Andanar said.


WIKIPEDIA

Philippine habeas corpus cases are cases decided by the Supreme Court of the Philippines, concerning the writ of habeas corpus.



The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be. In Philippine jurisdiction, the present 1987 Philippine Constitution, Article III, Section 15 provides that “The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.” In Article 8, Section 18, there are limitations imposed in case of suspension of the writ of habeas corpus.

Some Philippine habeas corpus cases"

READ MORE...

Lansang v. Garcia (G.R. No. L-33964, December 11, 1971; 42 SCRA 448
On August 21, 1971, grenades exploded at Plaza Miranda in the city of Manila during a public meeting of the Liberal Party. Acting on such an event, on August 23, 1971, President Ferdinand Marcos suspended the privilege of the writ of habeas corpus on the entire country. Petitions were filed in the Supreme Court for the release of several arrested persons.

The Supreme Court, through Chief Justice Roberto Concepcion, ruled that the suspension of the privilege of the writ of habeas corpus was proper for having factual and legal basis clearly provided forth by the government.

But the Supreme Court, reversing the Barcelon and Montenegro cases, declared that the Judiciary has the authority to inquire into the factual basis of such suspension, and that the suspension is to be annulled if no legal ground would be established. Thus, such action is now considered justiciable to be decided by the courts.


Aquino v. Enrile (G.R. No. L-35546, September 17, 1974, 59 SCRA 183 [4])
Decided during martial law, it involved the petition of habeas corpus of Marcos’ critics, notably Benigno Aquino, Jr. and Jose W. Diokno. The Supreme Court decided unanimously to dismiss the petitions,

but as Chief Justice Querube Makalintal put it, "there was no agreement as to the manner the issues would be treated and developed. The same destination would be reached, so to speak, but through different routes and by means of different vehicles of approach." He said that the reason why the Court did not produce a single, collegial opinion, among others, was that the members of the Supreme Court are conscious of "the future verdict of history" upon their stand.

Even before the cases were decided, Diokno, to the chagrin of the Supreme Court, opted to withdraw his petition on the ground that no fair decision can be made of the court to render him justice. What made it worse was the fact that before the Supreme Court could respond to Diokno’s challenge, Marcos issued an order releasing him and the other petitioners, leaving Aquino behind.

Justice Fred Ruiz Castro opined that the declaration of martial law automatically suspends the application of the said writ, thus Aquino cannot be released. He said that martial law "is founded upon the principle that the state has a right to protect itself against those who would destroy it, and has therefore been likened to the right of an individual to self-defense."

Garcia-Padilla v. Enrile (L-61388, April 20, 1983 ,121 SCRA 472, [5])
In this decision involving subversion, the Supreme Court reversed the Lansang ruling and reverted to the Barcelon and Montenegro ruling that the suspension of the privilege of the writ of habeas corpus is a political question.

The 1987 Philippine Constitution

The present Philippine Constitution, in reaction to the Marcos regime, adopted a procedure in cases of suspension of the writ or declaration of martial law by the president.

It states that in case of invasion or rebellion, when the public safety requires it, the President may suspend the privilege of the writ of habeas corpus for a period not exceeding sixty days, or place the Philippines or any part of the country under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress.

The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke or extend such proclamation or suspension. If Congress is not in session it shall, convene without need of a call within twenty-four hours following such proclamation or suspension.

Such check and balance placed on the Supreme Court relied heavily on the Lansang case. It is provided that the Supreme Court may review the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof. It is mandated to promulgate its decision within thirty days from its filing by any citizen.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

----------------------------

RELATED FROM GMA NEWS NETWORK

Andanar: Possible habeas corpus suspension would be vs. drugs, not rebellion Published November 13, 2016 4:34pm Updated November 13, 2016 5:18pm By MARK MERUEÑAS, GMA News

Author Presidential Communications Secretary Martin Andanar on Sunday clarified that if ever President Rodrigo Duterte would suspend the privilege of writ of habeas corpus, it would be for the government's war against drugs.

"Iyong pagbanggit po ng Pangulo ng suspension of the writ of habeas corpus, I believe that this is pertaining to our problem, to our problem in the illegal drugs here in the country," Andanar said in an interview on state-run dzRB on Sunday.

Andanar said this despite Duterte specifically citing rebellion in Mindanao, and not illegal drugs, as the reason he would possibly suspend privileges of the writ.

In a speech during the launching of the Pilipinong May Puso Foundation in Davao City on Friday night, Duterte said he might be forced to move for the writ's suspension due to the lawlessness currently prevailing in Mindanao as a result of the "rebellion being waged" in the southern region.

But Andanar stressed the severity of the drug problem still plaguing the country.

"Ang problema natin sa droga ay napakalalim at napakalaganap na kasi nitong problema... The President is so worried already," he said.

"Iyong pinakita ni Pangulong Duterte na napakakapal na papel na nakalista doon 'yung mga persons of interest ng ilegal na droga," Andanar added.

In his speech, Duterte also talked in length about the drug menace in the country and his campaign against drugs.

He admitted that his powers may be limited to hold accountable all of the people involved in the illegal drug trade in the country.

"I am the President. Of course I have the powers, but it's a very limited, but powerful limited functions. I cannot for the life of me imagine where i have to executive five, 10 Filipinos everyday before a firing squad," he said.

He also insisted during his speech that the Philippines is "now in narcopolitics."

Not losing war on drugs

The communications secretary, meanwhile, clarified that resorting to the writ's suspension does not mean the government is losing its battle against the illegal drug trade in the Philippines.

"Ito ay hindi nangangahulugan na tayo ay pumalpak sa ating kampanya sa ilegal na droga. Ito'y nangangahulugan lamang na nadiskubre ng ating Pangulo ngayon lang na ganito kalaganap ang problema sa ilegal na droga," Andanar said.

He said this was what prompted the President to seek an extension for the original six-month deadline he had set to solve the Philippine drug menace.

"Iyon lamang po. Ganon lang po ka-simple 'yun, ganon lang ka-simple iyon. Wala naman. It's just calling a spade a spade," Andanar said.

Andanar, however, admitted there is still a lot to be done to totally win the war against illegal drugs. "It is not an overnight campaign. It is not a campaign that can be done in just six months," he said.

Andanar also clarified that the possibility of suspending the writ of habeas corpus would not be connected to the declaration of a state of lawless violence in the country, and would both serve different purposes.

Duterte declared a state of lawless violence following the deadly night market bombing in Davao City in September.

"Iyong state of lawless violence... ito'y pinirmahan ng ating Pangulo after 'nong bombing doon sa Davao," Andanar said.

"Ang problema naman sa iligal na droga at ang problema rin doon sa terorismo ay although parehas silang magulo ay magka-iba naman iyong problema na iyan," he added. —ALG, GMA News


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