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Garcia-Padilla vs.

Enrile In July 1982, Sabino Padilla, together w/ 8 others who were having a conference in a house in Bayombong, NV, were arrested by members of the PC. The raid of the house was authorized by a search warrant issued by Judge Sayo. Josefina, mother of Sabino, opposed the arrest averring that no warrant of arrest was issued but rather it was just a warrant of arrest hence the arrest of her son and the others was w/o just cause. Sabino and companions together with 4 others were later transferred to a facility only the PCs know. Josefina petitioned the court for the issuance of the writ of habeas corpus. ISSUE: Whether or not the arrests done against Sabino et al is valid. HELD: In a complete about face, the SC decision in the Lansang Case was reversed and the ruling in the Barcelon Case & the Montenegro Case was again reinstated. The questioned power of the president to suspend the privilege of the WoHC was once again held as discretionary in the president. The SC again reiterated that the suspension of the writ was a political question to be resolved solely by the president. It was also noted that the suspension of the privilege of the writ of habeas corpus must, indeed, carry with it the suspension of the right to bail, if the governments campaign to suppress the rebellion is to be enhanced and rendered effective. If the right to bail may be demanded during the continuance of the rebellion, and those arrested, captured and detained in the course thereof will be released, they would, without the least doubt, rejoin their comrades in the field thereby jeopardizing the success of government efforts to bring to an end the invasion, rebellion or insurrection.

NOTE: This ruling was abrogated by Sec 18, Art 7 of the 1987 Constitution which expressly constitutionalized the Lansang Doctrine. Note as well that under Art 3 (Sec 13) of the Constitution it is stated that the right to bail shall not be impaired even if the privilege of the writ of habeas corpus is suspended.

Lansang vs. Garcia Facts: In the evening of August 21, 1971, at about 9 p.m., whilethe Liberal Party of the Philippines was holding a public meeting at Plaza Miranda, Manila, for the presentation of its candidates in thegeneral 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. Proclamation889 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 actuallystaging. Proc. 889-B was also issued lifting the suspension of privilege in 27 provinces, 3 sub-provinces and 26 cities. Proc. 889C 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 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 ManilaArea 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. Vera vs. Avelino
FACTS: Commission on Elections submitted last May 1946 to the President and the Congress of the Philippines a report regarding the national elections held the previous month. It stated that by reason of certain specified acts of terrorism and violence in the province of Pampanga, Nueva Ecija, Bulacan and Tarlac, the voting in said region did not reflect the true and free expression of the popular will. During the session, when the senate convened on May 25, 1946, a pendatum resolution was approved referring to the report ordering that Jose O. Vera, Ramon Diokno and Jose E. Romero who had been included among the 16 candidates for senator receiving the highest number of votes, proclaimed by the Commissions on Elections shall not be sworn, nor seated, as members of the chamber, pending the termination of the of the protest lodged against their election. Petitioners thus immediately instituted an action against their colleagues responsible for the resolution, praying for an order to annul it and compelling respondents to permit them to

occupy their seats and to exercise their senatorial prerogative. They also allege that only the Electoral Tribunal had jurisdiction over contests relating to their election, returns and qualifications. Respondents assert the validity of the pendatum resolution. ISSUES: 1.Whether the Commission on Elections has the jurisdiction to determine whether or not votes cast in the said provinces are valid. 2.Whether administration of oath and the sitting of Jose O. Vera, Ramon Diokno and Jose Romero should be deferred pending hearing and decision on the protests lodged against their elections. RULING: The Supreme Court refused to intervene, under the concept of separation of powers, holding that the case was not a contest, and affirmed the inherent right of the legislature to determine who shall be admitted to its membership. Case dismissed.

Tanada vs Angara, 272 SCRA 18, May 2, 1997

Facts : This is a petition seeking to nullify the Philippine ratification of the World Trade Organization (WTO) Agreement. Petitioners question the concurrence of herein respondents acting in their capacities as Senators via signing the said agreement. The WTO opens access to foreign markets, especially its major trading partners, through the reduction of tariffs on its exports, particularly agricultural and industrial products. Thus, provides new opportunities for the service sector cost and uncertainty associated with exporting and more investment in the country. These are the predicted benefits as reflected in the agreement and as viewed by the signatory Senators, a free market espoused by WTO. Petitioners on the other hand viewed the WTO agreement as one that limits, restricts and impair Philippine economic sovereignty and legislative power. That the Filipino First policy of the Constitution was taken for granted as it gives foreign trading intervention. Issue : Whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the Senate in giving its concurrence of the said WTO agreement. Held: In its Declaration of Principles and state policies, the Constitution adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity , with all nations. By the doctrine of incorporation, the country is bound by generally accepted principles of international law, which are considered automatically part of our own laws. Pacta sunt servanda international agreements must be performed in good faith. A treaty is not a mere moral obligation but creates a legally binding obligation on the parties. Through WTO the sovereignty of the state cannot in fact and reality be considered as absolute because it is a regulation of commercial relations among nations. Such as when Philippines joined the United Nations (UN) it consented to restrict its sovereignty right under the concept of sovereignty as autolimitation. What Senate did was a valid exercise of authority. As to determine whether such exercise is wise, beneficial or viable is outside the realm of judicial inquiry and review. The act of signing the said agreement is not a legislative restriction as WTO allows withdrawal of membership should this be the political desire of a member. Also, it should not be viewed as a limitation of economic sovereignty. WTO remains as the only viable structure for multilateral trading and the veritable forum for the development of international trade law. Its alternative is isolation, stagnation if not economic self-destruction. Thus, the people be allowed, through their duly elected officers, make their free choice. Petition is DISMISSED for lack of merit.