Republic of the Philippines charged with rebellion (Art.

134, Revised Penal Code) before the Court

SUPREME COURT of First Instance of Rizal in Criminal Case No. Q-21091 filed by the City
Manila Fiscal of Quezon City. The trial of the case has yet to be terminated. The
continued detention of petitioners to answer for the offense charged is
EN BANC therefore legal.

G.R. No. L-61016 April 26, 1983 3. Petitioners allege that they were arrested without any warrant of
arrest; that their constitutional rights were violated, among them the
IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF right to counsel, the right to remain silent, the right to a speedy and
HORACIO R. MORALES, JR., petitioner,  public trial, and the right to bail. They also air the charge that they were
vs. subjected to maltreatment and torture; that they did not have the
MINISTER JUAN PONCE ENRILE, GEN. FABIAN C. VER and COL. opportunity to present their defense before the inquest fiscal and
GALILEO KINTANAR, respondents. therefore asked this Court to order the reinvestigation of the charges
against them. Acting on such plea, this Court in a resolution en
G.R. No. L-61107 April 26, 1983 banc dated July 22, 1982 ordered the City Fiscal of Quezon City to
conduct such reinvestigation and at the same time appointed him "to act
IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF as commissioner of this Court and receive evidence of the charges made
ANTONIO C. MONCUPA, JR. ANTONIO C. MONCUPA, JR., by petitioners before this Court of alleged torture and violation of their
petitioner,  constitutional rights, particularly the right to counsel." On September
vs. 28, 1982, the City Fiscal submitted his report on the reinvestigation
MINISTER JUAN PONCE ENRILE, GEN. FABIAN C. VER and COL. affirming the existence of a prima facie case for rebellion against
GALILEO KINTANAR, respondents. petitioners and several others. And on February 8, 1983 he submitted to
this Court the transcript of the notes taken at the reception of the
evidence on the charges of petitioners.
Lorenzo M. Tañada, Augusto Sanchez, Jejomar Binay and Antonio
Quintos for petitioners.
4. If petitioners had been arrested in a communist country, they would
have no rights to speak of. However, the Philippines is a republican
The Solicitor General for respondents.
state. Sovereignty resides in the people and all government authority
emanates from them. 1 We have a Constitution framed by a constitutional
convention and duly ratified by the people. We subscribe to the rule of law.
We believe in human rights and we protect and defend them. Petitioners are
CONCEPCION, JR., J.: entitled to the full enjoyment of all the rights granted to them by law. And
this Court stands as the guarantor of those rights.
1. The petitions are without merit and are hereby DISMISSED.
5. Our Constitution provides:
2. Petitioners were arrested on April 21, 1982 at about 9:45 a.m. while
they were riding together in a motor vehicle on Laong-Laan Street, SEC. 20. No person shall be compelled to be a witness
Quezon City, by elements of Task Force Makabansa of the Armed against himself. Any person under investigation for the
Forces of the Philippines. Since their arrest, they have been under commission of an offense shall have the right to remain
detention. Petitioner Morales filed his petition for habeas corpus with silent and to counsel, and to be informed of such right. No
this Court on July 9, 1982, while petitioner Moncupa filed his on July 19, force, violence, threat, intimidation, or any other means
1982. On July 20, 1982 petitioners, together with several others, were which vitiates the free will shall be used against him. Any
confession obtained in violation of this section shall be 10. An arrest may be made with or without a warrant.
inadmissible in evidence. 2
SEC. 3. The right of the people to be secure in their persons,
6. After a person is arrested and his custodial investigation begins a houses, papers, and effects against unreasonable searches
confrontation arises which at best may be termed unequal. The detainee is and seizures of whatever nature and for any purpose shall not
brought to an army camp or police headquarters and there questioned and be violated, and no search warrant or warrant of arrest shall
cross-examined not only by one but as many investigators as may be issue except upon probable cause to be determined by the
necessary to break down his morale. He finds himself in a strange and un judge, or such other responsible officer as may be authorized
familiar surrounding, and every person he meets he considers hostile to him. by law, after examination under oath or affirmation of the
The investigators are well-trained and seasoned in their work. They employ complainant and the witnesses he may produce, and
all the methods and means that experience and study has taught them to particularly describing the place to be searched, and the
extract the truth, or what may pass for it, out of the detainee. Most detainees persons or things to be seized. 5
are unlettered and are not aware of their constitutional rights. And even if
they were, the intimidating and coercive presence of the officers of the law in 11. Our Constitution clearly defines the persons who may issue a warrant of
such an atmosphere overwhelms them into silence. Section 20 of the Bill of arrest and limits them to a "judge, or such other responsible officer as may be
Rights seeks to remedy this imbalance. authorized by law." It also lays down in unmistakable terms the procedure
required before a search warrant or warrant of arrest may issue.
7. At the time a person is arrested, it shall be the duty of the arresting officer
to inform him of the reason for the arrest and he must be shown the warrant 12. A Presidential Arrest and Commitment Order is a warrant of arrest issued
of arrest, if any. He shall be informed of his constitutional rights to remain by the President of the Philippines. 6Its issuance must therefore comply with
silent and to counsel, and that any statement he might make could be used the requirements of the Constitution, in the same manner and to the same
against him. The person arrested shall have the right to communicate with his extent, as a warrant of arrest issued by a judge issuance must therefore
lawyer, a relative, or anyone he chooses by the most expedient means-by comply with the requirements of the Constitution, in the same manner and to
telephone if possible or by letter or messenger. It shall be the responsibility the same extent, as a warrant of arrest by a judge.
of the arresting officer to see to it that this is accomplished. No custodial
investigation shall be conducted unless it be in the presence of counsel 13. An arrest may also be made without a warrant.
engaged by the person arrested, by any person on his behalf, or appointed by
the court upon petition either of the detainee himself or by anyone on his SEC. 6. Arrest without warrant — When lawful.— A peace
behalf. The right to counsel may be waived but the waiver shall not be valid officer or a private person may, without a warrant, arrest a
unless made with the assistance of counsel. Any statement obtained in person:
violation of the procedure herein laid down, whether exculpatory or
inculpatory, in whole or in part, shall be inadmissible in evidence. (a) When the person to be arrested has committed, is actually
committing, or is about to commit an offense in his presence;
8. During the period of his detention, he shall have the right to confer with
his counsel at any hour of the day or, in urgent cases, of the night, alone and (b) When an offense has in fact been committed, and he has
privately, in the jail or any other place of custody. 3 reasonable ground to believe that the person to be arrested
has committed it;
Arrest.
(c) When the person to be arrested is a prisoner who has
9. Arrest is the taking of a person into custody in order that he may be escaped from a penal establishment or place where he is
forthcoming to answer for the commission of an offense. 4 serving final judgment or temporarily confined while his
case is pending, or has escaped while being transferred from NOW, THEREFORE, I, FERDINAND E. MARCOS,
one confinement to another.7 President of the Republic of the Philippines, by virtue of the
powers vested in me by the Constitution, and in the interest
14. Care should be exercised in making an arrest without a warrant. Where of national security as well as public safety and order, do
there is no justification for the arrest, the public officer could be criminally hereby decree and order as part of the law of the land the
liable for arbitrary detention8 or unlawful arrest 9 or for some other offense. following amendment to Article 125 of the Revised Penal
Code, as amended:
15. The petitioners claim they were arrested without a warrant. The
Memorandum to the President dated April 21, 1982 from Gen. Fabian C. SECTION 1. Article 125 of the Revised Penal Code, as
Ver, Chief of Staff of the Armed Forces of the Philippines, wherein he amended, is hereby further amended to read as follows:
reported the arrest of petitioners, the subversive documents seized from them
and the results of the ensuing tactical interrogation, with a recommendation ART. 125. Delay in the delivery of detained
for the issuance of a Presidential Arrest and Commitment Order, was persons. -The penalties provided in the next
approved by the President only on April 23, 1982. Indeed, therefore, preceding article shall be imposed upon the
petitioners were arrested without a warrant. However, months before their public officer or employee who shall detain
arrest, petitioners were already under surveillance on suspicion of any person for some legal ground and shall
committing rebellion. From the results of the said surveillance, the evidence fail to deliver such person to the proper
then at hand, and the documents seized from them at the time of their arrest, judicial authorities within the period of: six
it would appear that they had committed or were actually committing the hours, for crimes or offenses punishable by
offense of rebellion. Their arrest without a warrant for the said offense is light penalties, or their equivalent; nine
therefore clearly justified. hours, for crimes or offenses punishable by
correctional penalties, or their equivalent;
Procedure after Arrest. and eighteen hours, for crimes or offenses
punishable by afflictive or capital penalties,
16. After a person is arrested either without a warrant or by virtue of a or their equivalent; Provided, however, That
warrant of arrest issued by a judge or by virtue of a Presidential Arrest and the President may, in the interest of national
Commitment Order, the proper complaint or information against him must be security and public order, authorize by
filed with the courts of justice within the time prescribed by law, to wit: Executive Order longer periods, which in no
case shall exceed 30 days, or for as long as
FURTHER AMENDING ARTICLE 125 OF THE the conspiracy to commit the crime against
REVISED PENAL CODE, AS AMENDED national security and public order continues
(PRESIDENTIAL DECREE NO. 1404) or is being implemented, for the delivery of
persons arrested for crimes or offenses
WHEREAS, the periods within which arrested persons shall against public order as defined in Title III,
be delivered to the judicial authorities as provided in Article Book 11 of this Code, namely: Articles 134,
125 of the Revised Penal Code, as amended, are on 136, 138, 139, 141, 142, 143, 144, 146 and
occasions inadequate to enable the government to file within 147, and for acts in violation of Republic
the said periods the criminal information against persons Act No. 1700 as amended by Presidential
arrested for certain crimes against national security and Decree No. 885, taking into consideration
public order. the gravity of the offense or offenses, the
number of persons arrested, the threat to
national security or to public safety and
order, and/or the occurrence of a public 18. The writ of habeas corpus has often been referred to as the great writ of
calamity or other emergency situation liberty. It is the most expeditious way of securing the release of one who has
preventing the early investigation of the been illegally detained. The privilege of the writ of habeas corpus may be
cases and the filing of the corresponding suspended, but not the writ itself.
information before the civil courts.
19. The Bill of Rights provides:
In every case, the person detained shall be
informed of the cause of his detention and SECTION 1. No person shall be deprived of life, liberty, or
shall be allowed, upon his request, to property without due process of law, nor shall any person be
communicate and confer at any time with his denied the equal protection of the laws.
attorney or counsel, and to be visited by his
immediate relatives. 20. In Lansang vs.Garcia, 42 SCRA 448,473,We said:

SEC. 2. All acts, executive order, proclamations, Presidential In our resolution of October 5, 1972, We stated that 'a
Decrees, General Orders, Letters of Instruction, rules and majority of the court 'had 'tentatively arrived at a consensus
regulations, or parts thereof, inconsistent with the provisions that it may inquire in order to satisfy itself of the existence of
of this decree are hereby repealed or modified accordingly. the factual bases for the issuance of Presidential
Proclamations Nos. 889 and 889A ... and thus determine the
SEC. 3. Transitory provision.-Pending the preparation and constitutional sufficiency of such bases in the light of the
promulgation by the President of the Executive Order requirements of Article III, sec. 1, par. 14, and Article VII,
referred to in Section 1 hereof, the detention of persons sec. 10, par. 2, of the Philippine Constitution ...' Upon further
arrested for any of the abovementioned offenses against deliberation, the members of the Court are
public order shall continue to be governed by the provisions now unanimous in the conviction that it has the authority to
of General Orders No. 2, dated September 22, 1972 as inquire into the existence of said factual bases in order to
amended by General Order Nos. 60 and 62, dated September determine the constitutional sufficiency thereof.
24, 1977 and October 22, 1977, respectively.
21. We reiterate this doctrine.
SEC 4. This decree shall take effect immediately.
22. Furthermore, We hold that under the judicial power of review and by
Done in the City of Manila this 9th day of June, in the year constitutional mandate, in all petitions for habeas corpus the court must
of Our Lord, nineteen hundred and seventy-eight." inquire into every phase and aspect of petitioner's detention from the moment
petitioner was taken into custody up to the moment the court passes upon the
17. Failure of the public officer to do so without any valid reason would merits of the petition. Only after such a scrutiny can the court satisfy itself
constitute a violation of Art. 125, Revised Penal Code, as amended. And the that the due process clause of our Constitution has in fact been satisfied.
person detained would be entitled to be released on a writ of habeas
corpus, unless he is detained under subsisting process issued by a competent 23. The submission that a person may be detained indefinitely without any
court.10 charges and the courts cannot inquire into the legality of the restraint goes
against the spirit and letter of the Constitution and does violence to the basic
Power of the Courts. precepts of human rights and a democratic society.

The Right to Bail.

24. Next to life a man loves his freedom. Some men love their freedom even 27. Normally, rebellion being a non-capital offense is bailable. But because
more than their life. the privilege of the writ of habeas corpus remains suspended "with respect
to persons at present detained as well as other who may hereafter be similarly
25. In all criminal prosecutions the accused is presumed innocent. Because of detained for the crimes of insurrection or rebellion, subversion, conspiracy or
this presumption and inasmuch as every man has a natural desire to be free, proposal to commit such crimes, and for all other crimes and offenses
our Constitution laid down the right to bail in these words: committed by them in furtherance of or on the occasion thereof, or incident
thereto, or in connection therewith," the natural consequence is that the right
SEC. 18. All persons, except those charged with capital to bail for the commission of anyone of the said offenses is also suspended.
offenses when evidence of guilt is strong, shall, before To hold otherwise would defeat the very purpose of the suspension.
conviction, be bailable by sufficient sureties. Excessive bail Therefore, where the offense for which the detainee was arrested is anyone of
shall not be required. 11 the said offenses he has no right to bail even after the charges are filed in
court.
26. Although martial law was terminated on January 17, 1981, by virtue of
Proclamation No. 2045 of the President of the Philippines, the privilege of 28. The crimes of rebellion, subversion, conspiracy or proposal to commit
the writ of habeas corpus continues to be suspended in the two autonomous such crimes, and crimes or offenses committed in furtherance thereof or in
regions in Mindanao and in all other places with respect to certain offenses, connection therewith constitute direct attacks on the life of the State.
thus:
29. Just as an individual has right to self-defense when his life is endangered,
NOW, THEREFORE, I, FERDINAND E. MARCOS, so does the State. The suspension of the privilege of the writ is to enable the
President/Prime Minister of the Philippines, by virtue of the State to hold in preventive imprisonment pending investigation and trial
powers vested in me by the Constitution, do hereby revoke those persons who plot against it and commit acts that endanger the State's
Proclamation No. 1081 (Proclaiming a State of Martial Law very existence. For this measure of self-defense to be effective, the right to
in the Philippines) and Proclamation No. 1104 (Declaring bail must also be deemed suspended with respect to these offenses.
the Continuation of Martial Law) and proclaim the
termination of the state of martial law throughout the 30. However, there is a difference between preventive and punitive
Philippines; Provided, that the call to the Armed Forces of imprisonment. Where the filing of charges in court or the trial of such
the Philippines to prevent or suppress lawless violence, charges already filed becomes protracted without any justifiable reason, the
insurrection, rebellion and subversion shall continue to be in detention becomes punitive in character and the detainee regains his right to
force and effect; and Provided that in the two autonomous freedom.
regions in Mindanao, upon the request of the residents
therein, the suspension of the privilege of the writ of habeas The Charges of Torture.
corpus shall continue; and in all other places the suspension
of the privilege of the writ shall also continue with respect to 31. When petitioners charged in their petitions that they had been tortured
persons at present detained as well as others who may and maltreated, the Court decided to appoint the City Fiscal of Quezon City
hereafter be similarly detained for the crimes of insurrection to hear the charges and to receive the evidence. Not because We are an
or rebellion, subversion, conspiracy or proposal to commit investigating body. Nor are We a trier of facts. But because petitioners'
such crimes, and for all other crimes and offenses committed charges are material and relevant to the petitions before Us.
by them in furtherance of or on the occasion therefore, or
incident thereto, or in connection therewith. ... (Presidential 32. As mentioned earlier, the Court Commissioner submitted the transcript of
Proclamation No. 2045). the proceedings held before him. We will not pass upon the merits of the
torture charges. However, they should be filed before the body which has
jurisdiction over them as provided for in Presidential Decrees Nos. 1822, to pay for the services of a lawyer, possessing no influence whatsoever, they
1822-A and 1850. are invariably the victims of injustice. The affluent can take care of
themselves. They are better aware of their rights, they have influence, and
33. The present form of our government, to all intents and purposes, merged they can engage the services of the best counsel. But the poor can only pray
the executive and legislative branches into one. Members of parliament are at to God and hope to find relief in the system of justice established by their
the same time cabinet ministers. Under the system of checks and balances government.
ordained by the Constitution, the judiciary serves as the check and balance to
the merged executive and legislative branches. The judiciary is therefore 39. We must open all avenues for complaints and keep them open so that the
called upon to express its thoughts on areas outside the traditional and narrow grievance procedure may be made more readily available to the masses of
confines of decision making, with the end in view that together we may our people. Only by knowing their needs can we give them what they
explore the free market of Ideas and arrive at what is best for our country and rightfully deserve.
our people.
40. It is undeniable that throughout the length and breadth of our land,
34. Our people cry out for a better life. They want more food in their lawlessness and disorder have increased and continue to increase to
stomachs, roofs over their heads, health services for themselves and their undesirable proportions. It is wishful thinking to believe otherwise. An
families, education for their children, and other necessities that make life efforts must be exerted now to reverse the trend. We cannot afford any delay.
worth living. They cannot be denied. They want it and they want it now. And we should begin by bringing to the bar of justice the culprits in
Timely indeed are the thrusts of the KKK and the BLISS programs. particular who burned and destroyed public property, and attacked,
kidnapped and killed public functionaries. For the questions may validly be
35. However, we cannot lead them to a truly better life, unless we achieve asked: If the government cannot protect public property, how can it protect
complete peace in our land; and we cannot have complete peace unless we private property? If the government cannot guarantee the safety and lives of
improve the administration of justice. its officials, how can it guarantee the safety and lives of private individuals?

36. It was a wise man who once said: "Tell me how a country's poor receive 41. The investigation and prosecution of cases should be further improved so
their justice and I will tell you how stable its government is." 12 that only meritorious cases shall reach the courts, thus contributing to the
unclogging of court dockets. Many criminal cases initiated by complainants
37. Whenever we speak of the administration of justice we refer to four are just harassment suits and should never have been filed in court. In the
principal areas: the preservation of peace and order which is the primary task process, it is required that all fiscals be appointed in a permanent capacity.
of the Armed Forces of the Philippines and the National Integrated Police, Their security of tenure is the foundation stone of their independence. Our
both under the Ministry of Defense; the investigation and prosecution of penal system should be further updated to make more effective the
offenses and the administration of our penal system which are under the rehabilitation of criminals. Let us do away with instances of first offenders
Ministry of Justice; the application and interpretation of laws and the trial who serve sentence in order to be reformed but who come out instead as
and adjudication of cases which fall under the jurisdiction of the courts; and hardened criminals.
appearance as counsel for the government particularly in appealed criminal
cases and as counsel for the Commission on Elections, Securities and 42. And with the judicial revamp just effected under B.P. 129, the trial and
Exchange Commission, and others, which is the responsibility of the Office decision making process has been modified and vastly improved to achieve
of the Solicitor General. In everyone of these areas much can be done to better results. But it must be remembered that courts which are not filled are
achieve our ultimate goal-that in this fair land of ours, no man, no matter how as good as no courts at all. Therefore, more appointments to the existing
humble, no matter how poor shall thirst for justice. vacancies should be made.

38. Our machinery of justice should be geared towards helping and 43. One lesson our people have learned-painfully but well-is that politics and
protecting the poor among us. Not knowing their rights, not having the means a good administration of justice-like oil and water-do not mix; that when
politics infiltrates the administration of justice, injustice is often the outcome. Guns and bullets alone will not do it. We can accomplish this only by giving
In some jurisdictions of the United States, there are sheriffs (peace officers) them better government. It is a condition sine qua non to achieve success in
and district attorneys (prosecutors) who are elected by the voters and who run the fight against subversion.
for office as the candidates of a political party. In the Philippines such a
system would never work because in our culture we have values peculiarly 48. By and large, the Armed Forces are composed of good and disciplined
our own-value like "utang na loob", "compadre", "pakikisama", "tayu-tayo", men. However, there are those who are not worthy of the uniforms they wear.
"bigayan", "bata ko", "amo ko", and the "god- father mentality". Values like Not a few have enriched themselves by abusing the powers of their position.
these have derailed and may derail the administration of justice. Political Some are involved in extortion, smuggling, and kidnapping for ransom.
followers commit abuses in the belief that come what may their political There are others who maintain gambling, drug rings, and prostitution dens.
bosses would shield them from punishment. Can you imagine how criminal And still others have committed robbery, rape, murder, and other offenses.
cases would be investigated and prosecuted if fiscals (prosecutors) were The campaign to rid the organization of such misfits should be carried out
chosen by election? How would our laws be enforced if policemen and with missionary zeal. For indeed victims of abuse are often alienated from
members of the Armed Forces were elected by the people? And yet the heads the government.
of the Ministries of Justice and Defense and the Office of the Solicitor
General are all active politicians. 49. The Filipinos are a God-loving and a God-fearing people. We believe in
peace and freedom. We believe in the family and its strong ties. We can
44. The burdens of office fall heavily on their shoulders. Perhaps it is time never willingly accept communism and what it stands for.
we relieve them of the additional burdens that being politicians entail. Our
Constitution foresaw the need for heads of ministries who are not active 50. While the government should continue to repel the communists, the
politicians in providing that ". . . . At least a majority of the Members of the subversives, the rebels, and the lawless with all the means at its command, it
Cabinet who are heads of ministries shall come from the Regional should always be remembered that whatever action is taken must always be
Representations of the Batasang Pambansa. . . ." 13 within the framework of our Constitution and our laws.

45. The campaign against venality in office-malfeasance, misfeasance and 51. When the judgment of history is written, as leaders of our people, we
nonfesance should be pursued with renewed vigor. For graft and corruption shall be asked to account not only for what we did, not only for what we did
are like termites gnawing away the foundation of government. The harm not do, but also for what visions we have today of our tomorrow.
done is sometimes not realized; or even if realized, under- estimated. In the
process let us remember to stress preventive measures to save public property 52. What will be our answer?
from loss.
53. WHEREFORE, as aforestated, the petitions should be, as they are hereby,
46. The communist threat remains a nagging problem of government. DISMISSED. With costs against the petitioners.
Whether Marxist, Maoist, Leninist, aided by the New People's Army, rebels,
radicals, and lawless elements, they all have but one aim-one single purpose- 54. SO ORDERED.
one defined objective: to bring down by violence the Government of the
Republic of the Philippines and to forcibly seize political power in order that
Aquino, J., concurs in the result.
they may replace our existing political, social, economic, and legal order with
an entirely new one based on communism.
Guerrero, J., I concur in the dismissal of the petitions.
47. Once before, in the early fifties, communists threatened the established
order. They were driven back by the Armed Forces, mainly because of the Plana, J., Escolin J., Vasquez, J., concurs in the result.
support of our people. We must keep, strengthen and solidify the sympathy,
faith, loyalty, and trust in the government of our brothers in the rural areas. Relova, J., I concur and will also add my own views in a separate opinion.