Legally Yours,  Political Law

Garcia-Padilla v. Enrile

Constitutional Law. Political Law. Powers of the President.
Garcia-Padilla v. Enrile
121 SCRA 472

The case is an application for the issuance of the writ of habeas corpus on behalf of 14 detainees. Sabino Padilla and 8 others out of the 14 detainees were then having a conference in the dining room at Dr. Parong’s residence. Prior thereto, all the 14 detainees were under surveillance as they were then identified as members of the Communist Party of the Philippines. engaging in subversive activities. They were arrested and later transferred to a facility only the PCs know, hence, the present petition of Josefina, mother of Sabina, for writ of habeas corpus.

Whether or not the arrests done to the present detainees are valid

The suspension of the privilege of the writ of habeas corpus raises a political, not a judicial, question and that the right to bail cannot be invoked during such a period. PD 1836 and LOI 1211 have vested, assuming a law is necessary, in the President the power of preventive arrest incident to the suspension of the privilege of the writ. In addition, however, it should be noted that the PCO has been replaced by Preventive Detention Action (PDA) pursuant to PD 1877. As provided for in the said decree, a PDA constitutes an authority to arrest and preventively detain persons committing the aforementioned crimes, for a period of one year, with the cause or causes of their arrest subjected to review by the President or the by the Review Committee created for the purpose.

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