On October 18, 1950, Maximino Montenegro was arrested with others by agents of the Military Intelligence Service of the AFP, for complicity with a communistic organization in the commission of acts of rebellion, insurrection or sedition.
On October 22, 1950, the President issued Proclamation No. 210 suspending the privilege of the writ of habeas corpus.
On October 21, 1950, Maximino’s father, petitioner, submitted an application for the writ of habeas corpus which the Court of First Instance denied.
Issue:
Whether or not Proclamation No. 210 suspending the privilege of the writ of habeas corpus is valid
Ruling:
The petition is denied. Proclamation No. 210 is not an ex post facto law as the latter is only applicable to statutes.
The authority to decide whether exigency has arisen requiring the suspension belongs to the President and his decision is final and conclusive upon the courts and upon all other parties.
While the Bill of Rights prohibits suspension of the privilege of the writ of habeas corpus except when public safety requires it, in cases of (1) invasion; (2) insurrection; and (3) rebellion, Article VII, Sec. 10 authorizes the President to suspend the privilege, when public safety requires it.
As held in Hoag v. Washington Oregon Corp., the general rule is where two provisions of a written Constitution are repugnant to each other, that which is last in order of time and in local position is to be preferred.
Constitutional authority of the President to suspend in case of imminent danger of invasion, insurrection or rebellion under Article VII may not correctly be placed in doubt.
A proclamation of the President suspending the writ of habeas corpus was held valid and efficient in law to suspend all proceedings pending upon habeas corpus, which was issued and served prior to the date of the proclamation.
