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MANILA - President Rodrigo Duterte may have the right to suspend the privilege of the writ of habeas corpus under the Constitution but its basis has to go through a process, a law dean said on Friday.

"Ang presidente lang ang magde-desisyon n'yan, kailangang may basehan (Only the president can make such a decision. There has to be basis)...the power to declare is bestowed upon the President alone," said Dean Soledad Mawis of the Lyceum of the Philippines.

Mawis explained that the writ of habeas corpus is an order by the court to produce the body of someone who has been detained and determine why he is being restrained without necessarily ordering the release of the prisoner.

• What is the Writ of Habeas Corpus

But she clarified that the writ of habeas corpus is different from the privilege to such a writ.

"Ang puwedeng suspendihin is the privilege of the writ of habeas corpus. Privilege of habeas corpus is an order coming from the court to immediately release the prisoner if the court finds out that the detention is without legal cause or authority," she said.

Mawis said the first thing that needs to be established is if there is a need for suspension.

Article VII, Section 18 of the Philippine Constitution states that in cases of invasion or rebellion, when the public safety requires it, the President may for a period not exceeding 60 days suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.

"Sa understanding ng ordinary na tao 'pag sinabing invasion, may sumugod sa atin o ang rebellion may nag-aaklas...ang paggamit po ng ipinagbabawal na gamot at ibang kriminalidad ay hindi naman resulting [in] an invasion or rebellion," Mawis said.

(In the understanding of the ordinary person, when you say invasion, when there is an attack or rebellion... drug use and criminality does not result in invasion or rebellion.)

Within 48 hours from the time the president suspended the writ, he is required to submit a report in person or in writing to Congress.

Congress will then have to vote jointly or by at least a majority of its members in its regular or a special session to affirm or revoke such suspension.

"Hindi puwedeng isantabi ng President kung anong gawing desisyon ng Kongreso," Mawis said.

(The President cannot set aside the decision of Congress.)

On Thursday, Duterte threatened to suspend the privilege of the writ of habeas corpus and order arrests out of frustration at the pile of problems he is facing.

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