Manila: A Philippine senator has said he is preparing to file a measure that would give broad authority to President Rodrigo Duterte — including powers to order arrests without warrant.

“We are engaged in a war against drugs and the President needs powers that would help him overcome the powerful personalities behind the proliferation of this scourge in our society,” Senator Richard Gordon, chair of the powerful Senate Blue Ribbon committee, said on Thursday.

He said arrests without warrant would be made possible by suspending the writ of habeas corpus.

The writ of habeas corpus refers to “the power of the court to require the State in general to produce, before the court, the physical body of a person in its custody, whether detained legally or illegally.”

Gordon said he would file the bill as soon as he finishes the proposed measure by next week.

Senator Leila de Lima criticised the plan to suspend the writ of habeas corpus.

“The privilege of the writ can only be suspended in cases of rebellion and invasion. The drug war is not really an invasion or rebellion,” she said in a statement.

She said using the term “war” to refer to the anti-drug campaign was simply a figure of speech.

“We should not take the analogy too far as to think that the drug war is a literal war between armed combatants dedicated to waging said war, and treat drug lords and pushes as foreign invaders or rebels out to overthrow government. They are not. Let us keep that basic constitutional consideration in mind,” she said.

On September 21, 1972 then President Ferdinand Marcos Sr imposed martial law by first suspending the writ of habeas corpus.

Thousands of activists and suspected rebels and common criminals were arrested without the benefit of a court issued warrant.

Meanwhile, there have been fears recently that Duterte would declare martial law, as a measure to enforce order, amid the clampdown by the government.

On Monday evening, moments before he left for the Association of Southeast Asian Nations (Asean) meeting in Laos, Duterte had declared the country under a state of “national emergency”, citing the ongoing campaign against drugs and attacks by lawless elements in Mindanao.

On the evening of September 2, a powerful blast ripped a night market in Davao City’s Roxas Street, killing 14 people and injuring others.

In addition to this, the government is engaged in a major offensive against Abu Sayyaf militants in Basilan and Sulu.

Duterte’s declaration of a state of emergency across the country grants the 160,000-strong national police authority to conduct law enforcement operations, such as checkpoints, in conjunction with the military.

National police chief, Director-General Rolando dela Rosa has said, aside from heightened police and military visibility, “all arrests must be covered by a warrant issued by the courts or competent authorities.”

But this could be in jeopardy once the writ of habeas corpus is suspended.

The writ is a cornerstone of humanitarian principles, rights experts say, and its suspension could be tantamount to enforcing martial law.