LANSANG VS. GARCIA [42 SCRA 448; L-33964; 11 Dec 1971] DOCTRINE: ART VII. Section 18. The President shall be the Commander-inChief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight
invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twentyfour hours following such proclamation or suspension, convene in accordance with its rules without need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, 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, and must promulgate its decision thereon within thirty days from its filing.
hours from the proclamation of martial law or the
A state of martial law does not suspend the operation
suspension of the privilege of the writ of habeas
of the Constitution, nor supplant the functioning of the
corpus, the President shall submit a report in person
civil courts or legislative assemblies, nor authorize the
or in writing to the Congress. The Congress, voting
conferment of jurisdiction on military courts and
jointly, by a vote of at least a majority of all its
agencies over civilians where civil courts are able to
Members in regular or special session, may revoke
function, nor automatically suspend the privilege of
such proclamation or suspension, which revocation
the writ of habeas corpus.
shall not be set aside by the President. Upon the 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
The suspension of the privilege of the writ of habeas corpus 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.
Facts: In the evening of August 21, 1971, at about 9 p.m., while the Liberal Party of the Philippines was holding a public meeting at Plaza Miranda, Manila, for the presentation of its candidates in the general elections scheduled for November 8, 1971, two hand grenades were thrown at the platform where said candidates and other 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 there is a conspiracy of rebellion and insurrection in order to forcibly seize political power. Petitions for writ of habeas corpus were filed by persons (13) who have been arrested without a warrant. It was stated that one of the safeguards of the proclamation was that it is to be applied to persons caught in flagrante delicto. Incidentally, Proc. 889-A was issued as an amendment, inserting the word “actually staging”. Proc. 889-B was also issued lifting the suspension of privilege in 27 provinces, 3 sub-provinces and 26 cities. Proc. 889-C
was issued restoring the suspension in 13 provinces and cities(mostly in Mindanao). Proc. 889-D further lifted the suspension in 7 provinces and 4 cities. Only 18 provinces and sub-provinces and 2 cities whose privilege was suspended. Petitioners maintained that Proclamation No. 889 did not declare the existence of actual "invasion insurrection or rebellion or imminent danger thereof, however it became moot and academic since it was amended. Petitioners further contend that public safety did not require the issuance of proclamations stating: (a) that there is no rebellion; (b) that, prior to and at the time of the suspension of the privilege, the Government was functioning normally, as were the courts; (c) that no untoward incident, confirmatory of an alleged July-August Plan, has actually taken place after August 21, 1971; (d) that the President's alleged apprehension, because of said plan, is non-existent and unjustified; and (e) that the Communist forces in the Philippines are too small and weak to jeopardize public safety to such extent as to require the suspension of the privilege of the writ of habeas corpus. A resolution was issued by majority of the Court having tentatively arrived at a consensus that it may inquire in order to satisfy itself of the existence of the factual bases for the proclamations. Now the Court resolves after conclusive decision reached by majority. Issues: (1) Whether or Not the authority to decide whether the exigency has arisen requiring suspension (of the privilege of
the writ of habeas corpus) belongs to the President and his decision is final and conclusive upon the courts and upon all other persons. (2) Whether or Not public safety require the suspension of the privilege of the writ of habeas corpus decreed in Proclamation No. 889-A. Held: The President has authority however it is subject to judicial review. Two conditions must concur for the valid exercise of the authority to suspend the privilege to the writ (a) there must be "invasion, insurrection, or rebellion" or "imminent danger thereof," and (b) "public safety" must require the suspension of the privilege. President has three
(3) courses of action: (a) to call out the armed forces; (b) to suspend the privilege of the writ of habeas corpus; and (c) to place the Philippines or any part thereof under martial law. He had, already, called out the armed forces, proved inadequate. Of the two other alternatives, the suspension of the privilege is the least harsh. Petitioners contention that CPP-NPA has no ability, is negatived by the killing of 5 mayors, 20 barrio captains and 3 chiefs of police; that there were fourteen (14) meaningful bombing incidents in the Greater Manila Area in 1970. CPP has managed to infiltrate or establish and control nine major labor organizations; has exploited the (11) major student or youth organizations; about thirty (30) mass organizations actively advancing the CPP.
