Monday, March 7, 2011

Morales v. Enrile

GRN 61101, 26 April 1993


FACTS:
On April 21, 1982, the petitioners were arrested by elements of Task Force Makabansa of the AFP. Since then, they have been under detention. Petitioners filed with this Court a petition for habeas corpus. Subsequently, on July 20, 1982, they were charged with rebellion before the Court of First Instance of Rizal which was filed by the City Fiscal of Quezon City. The trial of the case has yet to be terminated.

ISSUE:
Whether or not petitioners’ continued detention is legal.

HELD:
Yes. Their continued detention is legal for the reason that a proper case of rebellion had been filed against them in the proper court and the trial has yet to be terminated.

Although martial law was terminated on Jan 17, 1981 by the President, the privilege of the writ of habeas corpus continues to be suspended in all other places with respect to certain offenses such as rebellion or insurrection, subversion, conspiracy or proposal to commit such crimes, among others. Thus the right to bail is also suspended.

The petitions are without merit and hereby dismissed.

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