LANSANG VS.

GARCIA [42 SCRA 448; L-33964; 11 Dec 1971]

Monday, February 09, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law
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 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 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. 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 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.