Law expert: Civil rights not supplanted by martial law


Posted at May 24 2017 12:17 PM

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The declaration of martial law does not automatically suspend the writ of habeas corpus, according to law expert Tony Laviña.

Laviña explained the suspension of habeas corpus will have to be declared in a separate document.

He stressed that martial law does not supersede the Constitution.

"It doesn't supplant the Constitution. So the Bill of Rights continues to exist. [Suspension of the writ of] habeas corpus has to be done separately. Then certain rights related to arrest, charges, rebellion, would be affected by the proclamation of the suspension of habeas corpus," he said.

"If it's just a declaration of martial law, there is no suspension of writ of habeas corpus. People can't be arrested without warrants. People have to be immediately charged. The courts will continue to function..."

Laviña also backed the decision of President Duterte to cut short his official visit to Russia and come back to the Philippines after the terror attack in Marawi.

ANC, 24 May 2017