Felobello V. Palatino 72 PHIL. 441 G.R. No. L-48100 Facts
Felobello V. Palatino 72 PHIL. 441 G.R. No. L-48100 Facts
Felobello V. Palatino 72 PHIL. 441 G.R. No. L-48100 Facts
Nine (9) of the fourteen (14) detainees No criminal charges have as of yet
herein were arrested when three (3) been filed against any of the detainees;
teams of the PC/INP of conducted a there is no judgment, decree, decision
raid at the residence of Dra. Aurora or order from a court of law which
Parong who were having a conference. would validate the continued
4 other detainees were arrested the detention of the petitioner; that while
next day it is true that a purported telegram
stating the issuance of a Presidential
The (14) detainees were all detained Commitment Order (PCO) was shown
at the PC/INP Command to the detainees on or about July 11
Headquarters, Bayombong, Nueva and 12, 1982, but counsel and the
Viscaya until their transfer to an detainees have not yet been given a
undisclosed place. copy of such PCO, nor notified of its
contents, raising a doubt whether such
Petition for the writ of habeas corpus commitment order has in fact been
and mandamus filed by Josefina issued.
Garcia-Padilla, mother of detained
petitioner Sabino G. Padilla, Jr. Respondents are denying the
detainees their constitutional right to
The mandamus aspect of the instant counsel, averring that the detainees
petition has, however, become moot were allowed regular visits by counsel
and relatives during their period of of printing paraphernalia, which were
detention then seized.
There is no doubt that circumstances
ISSUES: attendant in the arrest of the herein
detainees fall under a situation where
1.Whether or not petitioners' arrest is lawful even without a judicial
detention is legal warrant as specifically provided for
under Section 6(a), Rules 113 of the
2.Whether or not the issuance of a Rules of Court and allowed under
Presidential Commitment Order (PCO) existing jurisprudence on the matter.
has provided the legal basis of the As provided therein, a peace officer or
detention of herein detainees a private person may, without a
following their arrest for Proclamation warrant, arrest a person when the
No. 2045 covered offenses person to be arrested has committed
or actually committing, or is about to
RULING: commit an offense in his presence.
(1) Yes. Prior thereto to the arrest, the The arrest of persons involved in the
detainees were identified as members rebellion whether as its fighting
of the Communist Party of the armed elements, or for committing
Philippines (CCP) engaging in non-violent acts but in furtherance of
subversive activities and using the the rebellion, is more an act of
house of detainee Dra. Aurora Parong capturing them in the course of an
in Bayombong, Nueva Viscaya, as their armed conflict, to quell the rebyellion,
headquarters. than for the purpose of immediately
prosecuting them in court for a
Caught in flagrante delicto, the nine statutory offense. The arrest,
(9) detainees mentioned scampered therefore, need not follow the usual
towards different directions leaving procedure in the prosecution of
on top of their conference table offenses which requires the
numerous subversive documents, determination by a judge of the
periodicals, pamphlets, books, existence of probable cause before the
correspondence, stationaries, and issuance of a judicial warrant of arrest
other papers, including a plan on how and the granting of bail if the offense
they would infiltrate the youth and is bailable. Obviously, the absence of a
student sector (code-named YORK). judicial warrant is no legal
impediment to arresting or capturing
Also found were one (1) .38 cal. persons committing overt acts of
revolver with eight (8) live bullets, violence against goarrest and
nineteen (19) rounds of ammunition detention of persons ordered by the
for M16 armalite, eighteen thousand President through the issuance of
six hundred fifty pesos (P18,650.00) Presidential Commitment Order (PCO)
cash believed to be CPP/NPA funds, is merely preventivevernment forces,
assorted medicine packed and ready or any other milder acts but equally in
for distribution, and sizeable quantity pursuance of the rebellious
movement.
the suspension of the writ was a
(2) No answer. Political Question political question to be resolved solely
by the president. It was also noted
Reverting to the ruling of Montenegro that the suspension of the privilege of
vs. Castañeda that the President's the writ of habeas corpus must,
decision to suspend the privilege of indeed, carry with the suspension of
the writ of habeas corpus is "final and the right to bail, if the government’s
conclusive upon the courts, and all campaign to the rebellion is to be
other persons." enhanced and rendered effective. If
the right to bail may be demanded
Under LOI 1211, a Presidential during the continuance of the
Commitment Order, the issuance of rebellion, and those arrested, captured
which is the exclusive prerogative of and detained in the course thereof will
the President under the Constitution, be released, they would, without the
may not be declared void by the least doubt, rejoin their comrades in
courts, under the doctrine of "political the field thereby jeopardizing the
question," as has been applied in the success of government efforts to end
Baker and Castañeda cases, on any the invasion, rebellion or insurrection.
ground, let alone its supposed
violation of the provision of LOI 1211,
thus diluting, if not abandoning, the
doctrine of the Lansang case. The
supreme mandate received by the
President from the people and his
oath to do justice to every man should
be sufficient guarantee, without need
of judicial overseeing, against
commission by him of an act of
arbitrariness in the discharge
particularly of those duties imposed
upon him for the protection of public
safety which in itself includes the
protection of life, liberty and property.
This Court is not possessed with the
attribute of infallibility that when it
reviews the acts of the President in
the exercise of his exclusive power, for
possible fault of arbitrariness, it would
not itself go so far as to commit the
self-same fault.