Lansang vs.

Garcia
G.R. No. L-33964, December 11, 1971
Facts:
In the evening of August 21, 1971, at about 9 p.m., while the Liberal Party of the Philippines was
holding a public meeting at Plaza Miranda, Manila, for the presentation of its candidates in the
general elections, two hand grenades were thrown at the platform where said candidates and
other persons were. Eight persons were killed and many more injured.
On August 23, the President Marcos issued Proclamation 889, suspending privilege of writ of
habeas corpus for the persons detained for the crimes of insurrection or rebellion, and all other
crimes and offense incident thereto. Petitions for writ of habeas corpus were filed, by the
persons, who, having been arrested without a warrant therefor and then detained, upon the
authority of said proclamation.
Petitioners maintained that Proclamation No. 889 did not declare the existence of actual
"invasion insurrection or rebellion or imminent danger thereof, however it became moot and
academic since it was amended. Petitioners further contend that public safety did not require
the issuance of proclamations stating: (a) that there is no rebellion; (b) that, prior to and at the
time of the suspension of the privilege, the Government was functioning normally, as were the
courts; (c) that no untoward incident, confirmatory of an alleged July-August Plan, has actually
taken place after August 21, 1971; (d) that the President's alleged apprehension, because of
said plan, is non-existent and unjustified; and (e) that the Communist forces in the Philippines
are too small and weak to jeopardize public safety to such extent as to require the suspension
of the privilege of the writ of habeas corpus.
Issues:
Whether or Not the authority to decide whether the exigency has risen requiring suspension of
the privilege of the writ of habeas corpus belongs to the President and his decision is final and
conclusive upon the courts and upon all other persons.
Ruling:
The President has authority however it is subject to judicial review. Two conditions must concur
for the valid exercise of the authority to suspend the privilege to the writ (a) there must be
"invasion, insurrection, or rebellion" or "imminent danger thereof," and (b) "public safety" must
require the suspension of the privilege. The President declared in Proclamation No. 889, as
amended, that both conditions are present.
The court rendered judgment declaring that the President did not act arbitrarily in issuing
Proclamation No. 889; dismissing the petitions; directed the Court of First Instance of Rizal to
conduct the preliminary examination and/or investigation of the charges for violation of the AntiSubversion Act filed against herein petitioners, and to issue the corresponding warrants of
arrest, if probable cause is found to exist against them, or, otherwise, to order their release.