Case Digest (G.R. No. L-61388)
Facts:
In the Matter of the Petition for the Issuance of the Writ of Habeas Corpus for Dr. Aurora Parong, Norberto Portuguese, Sabino Padilla, Francis Divinagracia, Imelda De Los Santos, Benjamin Pineda, Zenaida Mallari, Mariano Soriano, Tito Tanguilig, Letty Ballogan, Bienvenida Garcia, Eufronio Ortiz, Jr., Juanito Granada and Tom Vasquez, G.R. No. 61388. April 20, 1983. Supreme Court En Banc. De Castro, J., writing for the Court.Petitioners are fourteen persons who were arrested in July 1982 (nine on July 6, four on July 7, and one on July 15) during a raid at the residence/clinic of Dr. Aurora Parong in Bayombong, Nueva Vizcaya pursuant to Search Warrant No. S-82 issued by the Court of First Instance judge Sofronio Sayo. The police/PC/INP teams seized documents, literature, medicines, firearms and cash; the detainees were initially held at the PC/INP Command, Bayombong until their transfer on August 10, 1982 to locations reported as Camp Crame, Echague and Tuguegarao. Tom Vasquez was temporarily released July 17, 1982.
On August 13, 1982 petitioner Josefina Garcia‑Padilla (mother of Sabino Padilla) filed an original petition for habeas corpus (also seeking mandamus and, in the alternative, bail) on behalf of the detainees, alleging unlawful arrest without an arrest warrant, an overbroad/search (a “roving” warrant), non‑notification or denial of counsel and the detainees’ concealment. The Court en banc issued the writ of habeas corpus on August 17, 1982 and required respondents to make return; hearing was set for August 26, 1982. The Solicitor General filed a return (Aug. 23, 1982) asserting that the detainees (except Vasquez) were held pursuant to a Presidential Commitment Order (PCO) dated July 12, 1982 issued under Letter of Instruction (LOI) No. 1211 in relation to Presidential Proclamation No. 2045, and that charges had been filed before the provincial fiscal or the municipal court (a warrant against Dr. Parong was issued Aug. 4, 1982). The Court required production of documents relevant to the PCO (submitted Aug. 27, 1982); after hearing (Aug. 26) the case was submitted for decision.
The Supreme Court, in a decision promulgated April 20, 1983 (De Castro, J.), dismissed the petition, holding the arrests and preventive detention lawful under the circumstances and that the PCO issued under LOI No. 1211 and Proclamation No. 2045 validated continued detention and rendered the writ unavaili...(Subscriber-Only)
Issues:
- Did petitioner Josefina Garcia‑Padilla have authority to represent the detained persons for purposes of the habeas corpus petition?
- Were the arrests of the detainees without a judicial arrest warrant unlawful?
- Did the Presidential Commitment Order (PCO) issued under LOI No. 1211 and Proclamation No. 2045 validate petitioners’ detention and place the detention beyond judicial inquiry?
- Does the suspension of the privilege of the writ of habeas corpus pursuant to Proclamation No. 2045 include suspension of the ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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