Philippine Habeas Corpus Cases
Encyclopedia
Philippine habeas corpus cases are cases decided by the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...

, concerning the writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

.

The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be. In Philippine jurisdiction, the present 1987 Philippine Constitution, Article III, Section 15 provides that “The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.” In Article 8, Section 18, there are limitations imposed in case of suspension of the writ of habeas corpus.

Barcelon v. Baker (5 Phil. Reports 87, 1905 read the case)

At the early years of the American Rule in the Philippines, lawlessness was rampant and criminal activities were at large. Governor-General
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...

 James Francis Smith
James Francis Smith
James Francis Smith was an American Brigadier General, associate justice to the Supreme Court of the Philippines, Governor-General of the Philippines, and associate judge of the U.S. Court of Customs Appeals until his death....

, with the consent of the Philippine Commission
Philippine Commission
The Philippine Commission was a body appointed by the President of the United States to exercise legislative and limited executive powers in the Philippines. It was first appointed by President William McKinley in 1901. Beginning in 1907, it acted as the upper house of a bicameral Philippine...

, suspended the privilege of the writ of habeas corpus in the provinces of Batangas
Batangas
Batangas is a first class province of the Philippines located on the southwestern part of Luzon in the CALABARZON region. Its capital is Batangas City and it is bordered by the provinces of Cavite and Laguna to the north and Quezon to the east. Across the Verde Island Passages to the south is the...

 and Cavite
Cavite
Cavite is a province of the Philippines located on the southern shores of Manila Bay in the CALABARZON region in Luzon, just 30 kilometers south of Manila. Cavite is surrounded by Laguna to the east, Metro Manila to the northeast, and Batangas to the south...

. A petition was raised questioning such suspension of the writ.

The Supreme Court issued a ruling sustaining the suspension of the privilege of the writ. It said that the decision of the Governor-General is his duty on his part, and that the court cannot question the acts of the executive and legislative branches of government. Simply put, the suspension of the privilege of the writ of habeas corpus is a political question
Political question
In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has authority to hear and...

 that courts cannot decide upon.

Montenegro v. Castañeda (91 Phil. Reports 882, 1949)

President Elpidio Quirino
Elpidio Quirino
Elpidio Rivera Quirino was a Filipino politician, and the sixth President of the Philippines.A lawyer by profession, Quirino entered politics when he became a representative of Ilocos Sur from 1919 to 1925. He was then elected as senator from 1925–1931...

 suspended the privilege of the writ of habeas corpus in some parts of Luzon
Luzon
Luzon is the largest island in the Philippines. It is located in the northernmost region of the archipelago, and is also the name for one of the three primary island groups in the country centered on the Island of Luzon...

 in order to stifle the emergence of the Hukbalahap
Hukbalahap
The Hukbalahap , was the military arm of the Communist Party of the Philippines , formed in 1942 to fight the Japanese Empire's occupation of the Philippines during World War II. It fought a second war from 1946 to 1954 against the pro-Western leaders of their newly independent country...

 guerillas. Such suspension was again questioned in the Supreme Court. The court affirmed the president’s acts of suspending the privilege of the writ of habeas corpus, based on the decision in the Barcelon case.

Lansang v. Garcia (G.R. No. L-33964, December 11, 1971; 42 SCRA 448 read the case)

On August 21, 1972, grenades exploded at Plaza Miranda in the city of Manila
Manila
Manila is the capital of the Philippines. It is one of the sixteen cities forming Metro Manila.Manila is located on the eastern shores of Manila Bay and is bordered by Navotas and Caloocan to the north, Quezon City to the northeast, San Juan and Mandaluyong to the east, Makati on the southeast,...

 during a public meeting of the Liberal Party
Liberal Party (Philippines)
The Liberal Party of the Philippines is a liberal party in the Philippines, founded by then senators Senate President Manuel Roxas, Senate President Pro-Tempore Elpidio Quirino, and former 9th Senatorial District Senator Jose Avelino, on November 24, 1945 by a breakaway Liberal group from the...

. Acting on such an event, on August 23, 1972, President Ferdinand Marcos
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos, Sr. was a Filipino leader and an authoritarian President of the Philippines from 1965 to 1986. He was a lawyer, member of the Philippine House of Representatives and a member of the Philippine Senate...

 suspended the privilege of the writ of habeas corpus on the entire country. Petitions were filed in the Supreme Court for the release of several arrested persons.

The Supreme Court, through Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...

 Roberto Concepcion
Roberto Concepcion
Roberto Concepción was the Chief Justice of the Philippines from June 17, 1966, until April 18, 1973. Apparently, he took a leave 50 days earlier from his scheduled mandatory retirement...

, ruled that the suspension of the privilege of the writ of habeas corpus was proper for having factual and legal basis clearly provided forth by the government. But the Supreme Court, reversing the Barcelon and Montenegro cases, declared that the Judiciary has the authority to inquire into the factual basis of such suspension, and that the suspension is to be annulled if no legal ground would be established. Thus, such action is now considered justiciable to be decided by the courts.

Aquino v. Enrile (G.R. No. L-35546, September 17, 1974, 59 SCRA 183 read the case)

Decided during martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...

, it involved the petition of habeas corpus of Marcos’ critics, notably Benigno Aquino, Jr.
Benigno Aquino, Jr.
Benigno Simeon "Ninoy" Aquino, Jr. was a Filipino Senator and a former Governor of Tarlac. Aquino, together with Gerry Roxas and Jovito Salonga, formed the leadership of the opposition to the Marcos regime in the years leading to the imposition of martial law in the Philippines...

 and Jose W. Diokno. The Supreme Court decided unanimously to dismiss the petitions, but as Chief Justice Querube Makalintal
Querube Makalintal
Querube C. Makalintal was the Chief Justice of the Philippines from Oct. 31, 1973 until December 22, 1975 and Speaker of the Interim Batasang Pambansa from June 12, 1978 to June 30, 1984.-Career:...

 put it, "there was no agreement as to the manner the issues would be treated and developed. The same destination would be reached, so to speak, but through different routes and by means of different vehicles of approach." He said that the reason why the Court did not produce a single, collegial opinion, among others, was that the members of the Supreme Court are conscious of "the future verdict of history" upon their stand.

Even before the cases were decided, Diokno, to the chagrin of the Supreme Court, opted to withdraw his petition on the ground that no fair decision can be made of the court to render him justice. What made it worse was the fact that before the Supreme Court could respond to Diokmo’s challenge, Marcos issued an order releasing him and the other petitioners, leaving Aquino behind.

Justice Fred Ruiz Castro
Fred Ruiz Castro
Fred Ruiz Castro was the Chief Justice of the Philippines from January 5, 1976 until his death on April 19, 1979 while on an official trip to India.-Personal life:...

 opined that the declaration of martial law automatically suspends the application of the said writ, thus Aquino cannot be released. He said that martial law "is founded upon the principle that the state has a right to protect itself against those who would destroy it, and has therefore been likened to the right of an individual to self-defense."

Garcia-Padilla v. Enrile (L-61388, April 20, 1983 ,121 SCRA 472, read the case)

In this decision involving subversion
Subversion
Apache Subversion is a software versioning and a revision control system distributed under a free license. Developers use Subversion to maintain current and historical versions of files such as source code, web pages, and documentation...

, the Supreme Court reversed the Lansang ruling and reverted back to the Barcelon and Montenegro ruling that the suspension of the privilege of the writ of habeas corpus is a political question.

The 1987 Philippine Constitution

The present Philippine Constitution, in reaction to the Marcos regime, adopted a procedure in cases of suspension of the writ or declaration of martial law by the president.

It states that in case of invasion or rebellion, when the public safety requires it, the President may suspend the privilege of the writ of habeas corpus for a period not exceeding sixty days, or place the Philippines or any part of the country under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke or extend such proclamation or suspension. If Congress is not in session it shall, convene without need of a call within twenty-four hours following such proclamation or suspension.

Such check and balance placed on the Supreme Court relied heavily on the Lansang case. It is provided that the Supreme Court may review the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof. It is mandated to promulgate its decision within thirty days from its filing by any citizen.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion. 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.
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