MANILA - Albay Representative Edcel Lagman on Saturday said it is dangerous to proceed in amending the Constitution, either by constituent assembly or constitutional convention, "when we have a President who wants the legitimation of dictatorial powers."
President Rodrigo Duterte is seen by political quarters as once again flirting with the idea of martial law and slithering toward a dictatorial regime, this time by wishing to strip the Constitution of safeguards intended to prevent presidential abuse of the emergency power.
The 1987 Constitution allows the suspension the privilege of the writ of habeas corpus or declaration of martial law for not longer than 60 days but requires the president to submit this within 48 hours of proclamation to Congress, which may revoke or extend it.
It also empowers the Supreme Court to review the proclamation if asked to do so by a citizen.
Even if martial law is upheld, the Charter says this "does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus."
On Thursday, speaking in Pampanga, Duterte described these safeguards as an "almost reckless reaction" to the 14-year dictatorship of former President Ferdinand Marcos after he declared the country under martial law in 1972.
Representative Lagman said in a statement released to news outlets: "All initiatives to amend the Constitution must be consigned to the back burner to assure that the dismantling of congressional and judicial safeguards on the presidential declaration of martial law will not be realized.
"President Duterte's unequivocal pronouncement for a return to a president's absolute and sole authority to declare martial law and suspend the privilege of the writ of habeas corpus betrays his authoritarian designs which must never be constitutionalized.
"The power of Congress to revoke a presidential declaration of martial law and the suspension of the privilege of the writ of habeas corpus as well as the jurisdiction of the Supreme Court to review the factual basis of such declarations were mandated in the 1987 Constitution to preclude abuses curtailing civil and political rights like the unrestrained imposition of martial law without time limit."
President Rodrigo Duterte is seen by political quarters as once again flirting with the idea of martial law and slithering toward a dictatorial regime, this time by wishing to strip the Constitution of safeguards intended to prevent presidential abuse of the emergency power.
The 1987 Constitution allows the suspension the privilege of the writ of habeas corpus or declaration of martial law for not longer than 60 days but requires the president to submit this within 48 hours of proclamation to Congress, which may revoke or extend it.
It also empowers the Supreme Court to review the proclamation if asked to do so by a citizen.
Even if martial law is upheld, the Charter says this "does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus."
On Thursday, speaking in Pampanga, Duterte described these safeguards as an "almost reckless reaction" to the 14-year dictatorship of former President Ferdinand Marcos after he declared the country under martial law in 1972.
Representative Lagman said in a statement released to news outlets: "All initiatives to amend the Constitution must be consigned to the back burner to assure that the dismantling of congressional and judicial safeguards on the presidential declaration of martial law will not be realized.
"President Duterte's unequivocal pronouncement for a return to a president's absolute and sole authority to declare martial law and suspend the privilege of the writ of habeas corpus betrays his authoritarian designs which must never be constitutionalized.
"The power of Congress to revoke a presidential declaration of martial law and the suspension of the privilege of the writ of habeas corpus as well as the jurisdiction of the Supreme Court to review the factual basis of such declarations were mandated in the 1987 Constitution to preclude abuses curtailing civil and political rights like the unrestrained imposition of martial law without time limit."
Source: interaksyon
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