Lansang v. Garcia G.R. No.

L-33964, December 11, 1971

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 been
arrested without a warrant.

(Agust 21,1971- habang mayroong public meeting na ginagawa sa Plaza Miranda ang mga
Liberal party of the Philippines,. Habang pinapakilala yung mga tatakbong candidate sa general
elction na gagawin ng Nov.9 1971 dalawang Granada ang hinagis sa stage kung saan nandun
yung mga candidates. 8 na tao ang namatay at marami ang sugatan. Nagkarron ng 889 official
announcement galling sa president na sinususpinde yung privilege or writ of habeas corpus na
sinasabing mayroong conspiracy of rebellion and insurrection order to take hold political power.
13 person ang nagfile ng writ of habeas corpus na kung saan ay hinuli sila ng walang 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.

( sinasabi na isa sa mga guard nung time nay un ay caught red handed. Naissue yung proc.889-A
na sinasabing yun ay “actually staging”, inissue naman ako proc. 889-B na sinasabing ilift yung
privilege sa 27 provinces, 3sub-provinces at 26 cites. Proc.899-C ay inissue naman para irestore
yung suspension sa 13 provinces and cities na karamihan ay located sa Mindanao. Proc.899-D
naman ay nalift yung suspension sa 7 provinces at 4 cities. 18 provinces at sub-provinces at 2
cities lang yung mga privilege na suspend)
 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.

(minaintain ng petitioner na yung proclamation.no 889 ay hindi nadeclare yung talagang halaga
ng invasion insurrection ( attack and violently again public authority) , rebellion at threat. Pero
sinsabi na simula nung naamend yun ay patuloy ang debate about sa kaso na yon. Sinasabi ng
petitioner na yung public safety ay hindi nirequire yung issuance of proclamation na nagsasabing
walang rebellion, na nagfafunction naman ng maayos yung government nung nangyari yun pati
na rin ang korte, na yung dapat July-August na plano ay nangyari lamang nung August 21 1971,
na unjustified and non existent yung alleged apprehension ng president at masyadong mahina
yung communist forces sa pilipinas para mabigyan ng public safety ang mga tao.)

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.

( nagissue ng resolution ang majority ng court na kung saan nagkaroon ng pansamantalang

usapan wherein titignan muna yung mga facts and evidence tsaka gagawa ng agreement and
naresolve naman sya ng court after magkadesisyon yung 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.