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Felix Barcelon vs Colonel Baker of the Philippine Constabulary

On November 17, 2010 Suspension of the Privilege of the Writ Habeas Corpus as a Political uestion being a Prerogative b! the Presi"ent In the early 1900s in Batangas, Barcelon was detained by orders of Baker. Barcelons lawyers petitioned before the court for a writ of habeas corpus demanding Barcelon and Thompson, one of his men, to e plain why Barcelon was detained. They alleged that there is no legal authority behind Barcelons arrest and it was w!o due process. The "tty# $en a%erred that Baker et al acted only pursuant to the $o%#$ens resolution in 190& which suspended the pri%ilege of the writ of habeas corpus in 'a%ite and Batangas ()ec & of The *hilippine Bill+. Barcelon argued that there is no rebellion or in%asion or insurrection during his arrest hence he should be set free. ISSUE: ,hether or not Barcelon was arrested w! due process. HEL : The )' held that the issue is a political -uestion. .nly the president can determine the e istence of the grounds specified in the 'onstitution for the suspension o the pri%ilege o the writ of habeas corpus. This power is discretionary and therefore not /usticiable. The president has superior competence to assess the peace and order condition of the country. 0ence, the determination held by the president ($$+ of the *hilippines of the e istence of any of the grounds prescribed by the 'onstitution for the suspension of the pri%ilege of the writ of habeas corpus should be conclusi%e upon the courts. The /ustification was that the president ($$+, with all the intelligence sources a%ailable to him as commander#in#chief, was in a better position than the )' to ascertain the real state of peace and order in the country.

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