Habeas Corpus should be part of every individual’s fundamental rights not subject to
restriction or suspension. [AFFIRMATIVE]
In looking at civil liberties in relation to the security of the State, an interesting paradox presents
itself: the freedom afforded by our democracy can also function as a fertile ground for acts of
terror.
Countless situations have demonstrated the challenge government’s grapple with to address this
particular juxtaposition of civil liberties and the country’s security. At the heart of this is the
need to strike a balance between responding to perceived crises and avoiding the erosion of civil
liberties. Resorting to detention sans the valid charges against the ordinary citizens has been
considered as a reasonable response by governments waging war against an imperceptible enemy
– terror. Ironically, the very enemy they are battling so too weakens the government’s front-line.
Based on Article III, Sections 1, 2, and 14 of the 1987 Constitution, it can be gleaned that every
Filipino has the fundamental right to be issued a warrant of arrest before being detained for a
crime.
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.
This waiting period, ladies and gentlemen, is three days too many.
Why? Because during this period – no matter how brief – absolves the government from its
responsibility to safeguard the fundamental rights of its people.
By eliminating the rights predicated on the writ of habeas corpus, the suspension can easily turn
into a free pass for abuse by those in power.
During this period, the police can easily arrest and detain suspected individuals even without a
warrant. More horrifyingly, your rights on proper detention will be nullified.
Although the purpose of the suspension is to hold a person in preventive imprisonment, the sheer
absence of this crucial protection during a tension-filled and dangerous period in the country has
rendered the procedure useless – a mockery of the justice system.
After all, numbers tell a completely different story – whenever the writ is suspended, arbitrary
detentions increased while the conditions and treatment of detainees in jail worsened.
Worst, the executive in many cases became a law unto itself. In fact, Amnesty
International estimated that some 70,000 were imprisoned, 34,000 were tortured and 3,240 were
killed during Martial Law – the majority of whom failed to get their day in court.
Remember, rights without remedies are worthless.
It is of paramount consequence that the right to judicial remedies and especially the writ of
habeas corpus must not only be guaranteed by our Constitution but should also be made
expressly non-suspendable even in cases of emergencies.
In times of chaos and turmoil, its availability should be rendered indispensable. Why? Because
this will ascertain an effective supervisory jurisdiction by a competent court of law to determine
the legality and validity of every detention committed by the authorities.
Our democracy has forged an inseparable bond between the legal principles established to
protect the people and the rule of law designed to stand guard against abuses. These cornerstones
form a formidable triad dedicated to protect the rights and freedoms inherent in every citizen.
Habeas corpus performs a vital role in ensuring that a person’s life and physical integrity are
respected by preventing his disappearance or the keeping of his whereabouts secret and in
protecting him against torture or other cruel, inhumane, or degrading punishment or treatment.
We should always bear in mind that the ultimate justification when declaring an emergency
situation in our country is the preservation of our democracy.
Ergo, an emergency cannot be used as the reason to undermine the foundation of our democracy
– and the rule of law is an indispensable feature of democracy. In its absence, such as when the
writ of habeas corpus is suspended, lawlessness will prevail.
Instead of resorting to these measures, the government must learn to maximize its democratic
institutions to promote public order and safety. It must strengthen our democratic processes
through proper law enforcement, which goes hand in hand with the protection of human rights.
Remember, the triad by which our democracy stands must always be upheld. Once that bond is
severed, all hopes we have of living decent and civilized lives would go to waste as well. The
destruction of this bond brings us a step closes to a country devoid of humanity.
Once we’ve reached this point, then we have been defeated as a nation. After all, what do threats
like terrorism aim to achieve? Isn’t the government responding to these incidents because they
threaten the fundamental rights of its people? If the government itself curtails such rights, then
why bother to fight back against these threats? Clearly, they have already won for the greatest
success any terrorist can achieve is to persuade a democratic nation to abandon its own
democratic values.
