MANILA - The grounds for the suspension of the writ of habeas corpus, which will pave the way for arrests without warrant, do not exist, a constitutional law expert said Friday.

The writ can be suspended only during cases of rebellion or invasion, San Beda Graduate School of Law Dean Fr. Ranhilio Aquino said, after Senator Richard Gordon proposed its suspension to aid the government's war on drugs.

"Why are we making this suggestion when the condition for the suspension of the privilege writ are not present?" Aquino told DZMM.

Instead of suspending the writ of habeas corpus, Aquino said the government should first determine "if the declaration of the state of national emergency has been effective or not."

Security forces must "fully flex the muscles of the declaration of the state of emergency" before taking it a step further, he said.

When the writ is suspended, Aquino said only rebellion suspects could be arrested without a warrant and criminal charges must be filed within three days, he said.