LANSANG v.

GARCIA
G.R. NO. L-33964; DECEMBER 11, 1971
CONCEPCION, C.J.:
PREPARED BY: MARIA JOCELYN B. CEREZO

FACTS:

Due to the throwing of two hand grenades in a Liberal Party caucus in 1971 causing
the death of 8 people, Marcos issued PP 889 which suspended the privilege of the writ
of habeas corpus. Marcos urged that there is a need to curtail the growth of Maoist
groups. Subsequently, Lansang et al were invited by the PC headed by Garcia for
interrogation and investigation. Lansang et al questioned the validity of the suspension
of the writ averring that the suspension does not meet the constitutional requisites.

ISSUES:

Whether or not the suspension is constitutional.

RULING:

The doctrine established in Barcelon and Montenegro was subsequently abandoned in

this case where the SC declared that it had the power to inquire into the factual basis
of the suspension of the privilege of the writ of habeas corpus by Marcos in Aug 1971
and to annul the same if no legal ground could be established. Accordingly, hearings
were conducted to receive evidence on this matter, including two closed-door sessions
in which relevant classified information was divulged by the government to the
members of the SC and 3 selected lawyers of the petitioners. In the end, after
satisfying itself that there was actually a massive and systematic Communist-oriented
campaign to overthrow the government by force, as claimed by Marcos, the SC
unanimously decided to uphold the suspension of the privilege of the Writ of Habeas
Corpus.

 Two (2) conditions must concur for the valid exercise of the authority to suspend the
privilege to the writ:
1. There must be "invasion, insurrection, or rebellion" or "imminent danger
thereof".
2. Public safety must require the suspension of the privilege.

 The SC entertains no doubts about the existence of a sizeable group of men who
 have publicly risen in arms to overthrow the government and have thus been and
still are engaged in rebellion against the Government.

 In testing the validity of an act of Congress or of the Executive, if the laws passed
are seen to have a reasonable relation to a proper legislative purpose, and are
neither arbitrary nor discriminatory, the requirements of due process are satisfied,
and judicial determination to that effect renders a court functus officio.

 The President did NOT act arbitrarily in issuing Proclamation No. 889, and the
same is NOT unconstitutional.

 The crime for which the 6 detained petitioners are held and deprived of their liberty
are among those for which the privilege of the writ has been suspended.