Aquino vs Enrile Case Digest – G.R. No. L-35546 September 17, 1974

Aquino vs Enrile Case Digest

Aquino vs Enrile Case Digest


The cases are all petitions for habeas corpus, the petitioners having been arrested and detained by the military by virtue of Proclamation 1081.

The petitioners were arrested and held pursuant to General Order No. 2 of the President “for being participants to take over the Government by force”.

It was issued by the President in the exercise of the power he assumed by virtue of Proclamation 1081 placing the entire country under Martial Law.



Whether the detention of the petitioners is legal in accordance with the declaration of Martial law.



Five (5) Justices held that the issue is a political question, not subject to judicial inquiry. While the other four (4) Justices held that the issue was a justiciable one.

Yet, any inquiry by the Supreme Court in the present cases into the constitutional sufficiency of the factual bases for the proclamation of martial law has become moot and academic.

Implicit in the state of martial law is the suspension of the privilege of the writ of habeas corpus with respect to persons arrested or detained for acts related to the basic objective of the proclamation, which is to suppress, invasion, insurrection or rebellion, or to safeguard public safety against imminent danger thereof.

The court held that the issue is a justiciable one.

Aquino vs Enrile Case Digest

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