LANSANG VS GARCIA
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 negated 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.
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
