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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 extentas
to require the suspension of the privilege of the writ of habeas corpus.
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
Held:
of
in Proclamation No.
889-A.
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.