Lansang vs. Garcia 42 SCRA 448

Facts: On the evening of August 21, 1971, two grenades were thrown at the miting the avance of the Liberal Party killing 8 persons and injuring many. Thus, on August 23 then President Marcos issued proclamation 889, the suspension of the writ of habeas corpus. Herein petitioners were apprehended by members of the Philippine Constabulary having invoked the said proclamation. In effect the proclamation implies that the authority to decide whether the exigency has arisen requiring suspension of the writ belongs to the President and it expressly states that such declaration is deemed “final and conclusive upon the courts and all other persons”

・ August 30: the president issued proclamation 889-A, amending the previous proclamation.

・ September 18: proclamation 889-B issued; lifting the suspension on selected provinces/cities.

・ September 25: proclamation 889-C issued; lifting the suspension on selected provinces/cities.

・ October 4: proclamation 889-D issued; same as 889-C on selected areas.

In view thereof, 18 provinces, 2 sub-provinces and 18 cities are still under the suspension of writ of habeas corpus

Issue: Whether the court would adhere to its previous decision in Barcelon vs. Baker and Montenegro vs. Castaneda?

Held: First, Proclamation 889-A superseded the original proclamation and that flaws attributed thereto are formal in nature. Which actually emphasize the actuality of the intent to rise in arms. Second, The court intervention: In Sterling vs. Constantin, Chief Justice Hughes declared that “when there is a substantial showing that the exertion of state power has overridden private rights secured by the Constitution, the subject is necessarily one for judicial review”. Thus, the grant of power to suspend the privilege of writ is neither absolute or unqualified

The declaration of a rebellion as argued by the petitioners need not to be a wide-scale event, it may be declared even if it only involves a small part of the country. The president decision to suspend the writ was by fact constitutional hence VALID, as he has three available courses to suppress rebellion. First, to call out the military, second to suspend the privilege of writ and lastly to declare martial law.

Petitions DENIED; the CFI is directed to conduct preliminary investigations