8/10/2019 Garcia-Padilla vs Enrile.docx

1/1

In July 1982, Sabino Padilla, together w/ 8 others who were having a conference in a house in

Bayombong, NV, were arrested by members of the PC. The raid of the house was authorized by a

search warrant issued by Judge Sayo. Josefina, mother of Sabino, opposed the arrest averring that

no warrant of arrest was issued but rather it was just a warrant of arrest hence the arrest of her son

and the others was w/o just cause. Sabino and companions together with 4 others were later

transferred to a facility only the PCs know. Josefina petitioned the court for the issuance of the writ ofhabeas corpus.

ISSUE: Whether or not the arrests done against Sabino et al is valid.

HELD: In a complete about face, the SC decision in the Lansang Casewas reversed and the ruling

in the Barcelon Case & the Montenegro Case was again reinstated. The questioned power of the

president to suspend the privilege of the WoHC was once again held as discretionary in the

president. The SC again reiterated that the suspension of the writ was a political question to be

resolved solely by the president. It was also noted that the suspension of the privilege of the writ of

habeas corpus must, indeed, carry with it the suspension of the right to bail, if the governments

campaign to suppress the rebellion is to be enhanced and rendered effective. If the right to bail may

be demanded during the continuance of the rebellion, and those arrested, captured and detained in

the course thereof will be released, they would, without the least doubt, rejoin their comrades in the

field thereby jeopardizing the success of government efforts to bring to an end the invasion, rebellion

or insurrection.