Case Digest (G.R. No. L-61388)
Facts:
Garcia Padilla v. Minister Enrile, G.R. No. 61388. July 19, 1985, the Supreme Court En Banc, Per Curiam. The petition sought issuance of the writ of habeas corpus on behalf of fourteen detainees (including Dr. Aurora Parong and others) against respondents Minister Juan Ponce Enrile, General Fabian C. Ver, General Fidel V. Ramos, and Lt. Col. Miguel Coronel.Nine detainees were arrested on July 6, 1982, four on July 7, 1982, and one on July 15, 1982. A writ of habeas corpus was issued and respondents were required to make a return; the case was heard August 26, 1982. In the return respondents alleged that, except for Tom Vasquez (temporarily released July 17, 1982), the detainees were being held by virtue of a Presidential Commitment Order (PCO) issued July 12, 1982 pursuant to LOI No. 1211 and Presidential Proclamation No. 2045, for alleged violation of P.D. No. 885. The return described surveillance identifying the detainees as CPP members, their being caught in flagrante delicto at Dr. Parong’s residence, and the seizure of documents, weapons, ammunition, cash (P18,650.00), medicines and printing paraphernalia.
On April 20, 1983 the Court (opinion by Justice de Castro, concurred in full by six members, others concurring in the result) dismissed the petition, holding that the PCO validates detention during the suspension of the privilege of the writ; the exercise of that executive power is not subject to judicial inquiry, and the right to bail is likewise suspended. The April 20, 1983 decision treated the question as a political one and declared that courts may not void PCOs issued under LOI 1211.
Petitioner filed a motion for reconsideration on June 6, 1983, pressing the continued validity of Lansang v. Garcia, the availability of bail during suspension, and asserting that arrests were not in flagrante delicto. Respondents’ comment invoked P.D. No. 1877 (July 21, 1983) limiting preventive detention to “not exceeding one year,” and noted implementing rules (issued Sept. 7, 1983 by the Minister of National Defense and approved by the President) that provided that persons detained under earlier PCOs would be governed by P.D. 1877 and its rules.
On May 28, 1985 respondents filed a manifestation showing that the listed detainees had been released on various dates (late 1983 and January 31, 1985 for many), that Tom Vasquez had been released July 17, 1982, and that Mariano Soriano had escaped and remained at large. Given the statutory one-year limitation under P.D. No. 1877, Sec. 3, and the implementing rules’ Section 8, the Court concluded that PCOs issued July 12, 1982 had ceased to have force.
The Court's resolution a...(Subscriber-Only)
Issues:
- Are the petitions and the motion for reconsideration moot and academic in view of subsequent releases and the limiting effect of Presidential Decree No. 1877 and its implementing rules?
- Does a Presidential Commitment Order issued pursuant to the suspension of the privilege of the writ of habeas corpus validate detention immune from judicial inquiry and suspend the right to bail?
- Were the petitioners’ arrests invalid for not being caught in flagrante del...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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