Subject: Law 102 B – Consti 1

G.R. No. G.R. No. L-35546

Parties Aquino v. Enrile
Date Sep 17, 1974
Ponente Chief Justice Makalintal
Digeter Catubig
FACTS
Facts of the Complaints
Petitioners were arrested and held pursuant to General Order No. 2 (September 22,
1972) for " the conspiracy to seize … power in the country…” The G.O. was issued by
virtue of Proclamation 1081, which in turn was by virtue of the martial law provision of
the 1935 Constitution.

ISSUES
I. Whether the cases are justiciable.
II. Whether the SC can declare the basis of martial law to have ceased, rendering It
unconstitutional.
III. Whether martial law automatically suspends the writ of habeas corpus.

RULINGS & RATIONES DECIDENDI

CASES DISMISSED
No costs
I. On Justiciability, or the Validity of Judicial Inquiry
Since the Court’s mandate is to interpret the provisions of the Constitution, the petition
is well within the bounds of validity.
May the Court inquire into the validity of Proclamation 1081? Are the conditions
justifying the proclamation justiciable issues?
Five voted no. Fernandez, a member of the Constitution Convention, adds that the
Convention intended the question to be political in nature.
Justice Barredo believes that political questions are not beyond the Court’s jurisdiction
per se but the Judiciary should, by policy, refrain from interfering with Executive
activities. Barredo believes that the Court should act, if abstaining would result in the
transgression of the Constitution.
II. On the Court’s Authority to Declare the Basis of Martial Law as to Have
Ceased
The Court should not interfere, due to the doctrine of separation of powers.
The Executive is given the authority to declare martial law for a cause. Petitioners argue
that the factual bases of the declaration of martial law are not entirely true and are
constitutionally insufficient. Despite this, the Court should not interfere because the
Constitution vests the Executive the power to determine the factual bases and to act
promptly.
III.On the Automatic Suspension of Habeas Corpus
"Martial law and the privilege of that writ (of habeas corpus) are wholly incompatible
with each other." (Malcolm and Laurel, Philippine Constitutional Law, p. 210)
The arrest and detention of those contributing to the disorder and especially of those
helping or otherwise giving aid and comfort to the enemy are indispensable, if martial
law is to mean anything at all.