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Aquino V Enrile

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BENIGNO S. AQUINO, JR., et al. v.

HON JUAN conspiracy to seize political and


PONCE ENRILE, et al.
59 SCRA 183 | September 17, 1974 state power in the country and to
Ponente: MAKALINTAL, C.J. take over the Government by
FACTS: force…” General Order No. 2 was
Enrile (then Minister of National Defense), pursuant issued by the President in the
to the order of Marcos issued and ordered the arrest
of a number of individuals including Benigno exercise of the power he assumed
Aquino Jr even without any charge against them. by virtue of Proclamation 1081
Hence, Aquino and some others filed for habeas
corpus against Juan Ponce Enrile. Enrile’s answer placing the entire country under
contained a common and special affirmative defense martial law.
that the arrest is valid pursuant to Marcos’
declaration of Martial Law.
ISSUES:
ISSUE: 1) Is the existence of conditions
1. Whether Aquino’s detention is legal in accordance
claimed to justify the exercise of the
to the declaration of Martial Law.
2. Whether the petitions for writ of habeas corpus power to declare martial law subject
should be suspended contending that the to judicial inquiry?; and
proclamation of Martial Law was unconstitutional.
2) Is the detention of the petitioners
HELD: legal in accordance with the
1. YES. The Constitution provides that in case of
invasion, insurrection or rebellion, or imminent declaration of martial law?
danger against the state, when public safety requires
it, the President may suspend the privilege of the writ HELD:
of habeas corpus or place the Philippines or any part
therein under Martial Law. In the case at bar, the 5 Justices held that the issue is a
state of rebellion plaguing the country has not yet political question, hence, not subject
disappeared, therefore, there is a clear and imminent
danger against the state. The arrest is then a valid to judicial inquiry, while 4 Justices
exercise pursuant to the President’s order. held that the issue is a justiciable
2. YES. The petitions should be dismissed with one. However, any inquiry by this
respect to petitioners who have been released from Court in the present cases into the
detention but have not withdrawn their petitions
because they are still subject to certain restrictions.
constitutional sufficiency of the
Implicit in the state of martial law is the suspension factual bases for the proclamation
of the privilege of writ of habeas corpus with respect
to persons arrested or detained for acts related to the
of martial law has become moot and
basic objective of the proclamation: to suppress academic. Implicit in the state of
invasion, insurrection, rebellion or to safeguard
martial law is the suspension of the
public safety against imminent danger thereof.
privilege of the writ of habeas
Aquino v. Enrile corpus with respect to persons
59 SCRA 183 arrested or detained for acts related
FACTS: to the basic objective of the
The cases are all petitions for proclamation, which is to suppress
habeas corpus, the petitioners invasion, insurrection or rebellion,
having been arrested and detained or to safeguard public safety against
by the military by virtue of imminent danger thereof. The
Proclamation 1081. The petitioners preservation of society and national
were arrested and held pursuant to survival takes precedence. The
General Order No.2 of the President proclamation of martial law
“for being participants or  for having automatically suspends the privilege
given aid and comfort in the
of the writ as to the persons
referred to in this case.

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