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LANSANG VS.

GARCIA [42 SCRA 448; L-33964; 11 Dec The Supreme Court may review, in an appropriate
1971] proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
DOCTRINE: suspension of the privilege of the writ of habeas
corpus or the extension thereof, and must promulgate
ART VII. its decision thereon within thirty days from its filing.

Section 18. The President shall be the Commander-in- A state of martial law does not suspend the operation
Chief of all armed forces of the Philippines and of the Constitution, nor supplant the functioning of the
whenever it becomes necessary, he may call out such civil courts or legislative assemblies, nor authorize the
armed forces to prevent or suppress lawless violence, conferment of jurisdiction on military courts and
invasion or rebellion. In case of invasion or rebellion, agencies over civilians where civil courts are able to
when the public safety requires it, he may, for a period function, nor automatically suspend the privilege of
not exceeding sixty days, suspend the privilege of the the writ of habeas corpus.
writ of habeas corpus or place the Philippines or any
part thereof under martial law. Within forty-eight The suspension of the privilege of the writ of habeas
hours from the proclamation of martial law or the corpus shall apply only to persons judicially charged
suspension of the privilege of the writ of habeas for rebellion or offenses inherent in, or directly
corpus, the President shall submit a report in person connected with, invasion.
or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its During the suspension of the privilege of the writ
Members in regular or special session, may revoke of habeas corpus, any person thus arrested or detained
such proclamation or suspension, which revocation shall be judicially charged within three days,
shall not be set aside by the President. Upon the otherwise he shall be released.
initiative of the President, the Congress may, in the
same manner, extend such proclamation or suspension
for a period to be determined by the Congress, if the
invasion or rebellion shall persist and public safety Facts: In the evening of August 21, 1971, at about 9 p.m.,
requires it. while the Liberal Party of the Philippines was holding a
public meeting at Plaza Miranda, Manila, for the
The Congress, if not in session, shall, within twenty- presentation of its candidates in the general elections
four hours following such proclamation or suspension, scheduled for November 8, 1971, two hand grenades were
convene in accordance with its rules without need of a thrown at the platform where said candidates and other
call. persons were. Eight persons were killed and many more
injured. Proclamation 889 was issued by the President
suspending privilege of writ of habeas corpus stating that the proclamations. Now the Court resolves after conclusive
there is a conspiracy of rebellion and insurrection in order decision reached by majority.
to forcibly seize political power. Petitions for writ of habeas
corpus were filed by persons (13) who have been arrested Issues:
without a warrant.
(1) Whether or Not the authority to decide whether the
It was stated that one of the safeguards of the proclamation exigency has arisen requiring suspension (of the privilege of
was that it is to be applied to persons caught in flagrante the writ of habeas corpus) belongs to the President and his
delicto. Incidentally, Proc. 889-A was issued as an decision is final and conclusive upon the courts and upon
amendment, inserting the word actually staging. Proc. all other persons.
889-B was also issued lifting the suspension of privilege in
27 provinces, 3 sub-provinces and 26 cities. Proc. 889-C (2) Whether or Not public safety require the suspension of
was issued restoring the suspension in 13 provinces and the privilege of the writ of habeas corpus decreed in
cities(mostly in Mindanao). Proc. 889-D further lifted the Proclamation No. 889-A.
suspension in 7 provinces and 4 cities. Only 18 provinces
and sub-provinces and 2 cities whose privilege was Held: The President has authority however it is subject to
suspended. Petitioners maintained that Proclamation No. judicial review. Two conditions must concur for the valid
889 did not declare the existence of actual "invasion exercise of the authority to suspend the privilege to the writ
insurrection or rebellion or imminent danger thereof, (a) there must be "invasion, insurrection, or rebellion" or
however it became moot and academic since it was "imminent danger thereof," and (b) "public safety" must
amended. Petitioners further contend that public safety did require the suspension of the privilege. President has three
not require the issuance of proclamations stating: (a) that (3) courses of action: (a) to call out the armed forces; (b) to
there is no rebellion; (b) that, prior to and at the time of the suspend the privilege of the writ of habeas corpus; and (c)
suspension of the privilege, the Government was to place the Philippines or any part thereof under martial
functioning normally, as were the courts; (c) that no law. He had, already, called out the armed forces, proved
untoward incident, confirmatory of an alleged July-August inadequate. Of the two other alternatives, the suspension of
Plan, has actually taken place after August 21, 1971; (d) the privilege is the least harsh.
that the President's alleged apprehension, because of said
plan, is non-existent and unjustified; and (e) that the Petitioners contention that CPP-NPA has no ability, is
Communist forces in the Philippines are too small and negatived by the killing of 5 mayors, 20 barrio captains and
weak to jeopardize public safety to such extent as to require 3 chiefs of police; that there were fourteen (14) meaningful
the suspension of the privilege of the writ of habeas corpus. bombing incidents in the Greater Manila Area in 1970. CPP
has managed to infiltrate or establish and control nine
A resolution was issued by majority of the Court having major labor organizations; has exploited the (11) major
tentatively arrived at a consensus that it may inquire in student or youth organizations; about thirty (30) mass
order to satisfy itself of the existence of the factual bases for organizations actively advancing the CPP.

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