Back

Marcelo D. Montenegro Vs. Mariano Castaneda, Et Al.091 Phil 882

MARCELO D. MONTENEGRO, petitioner-appellant, vs. GEN. MARIANO CASTANEDA and COLONEL EULOGIO BALAO, respondents-appellees.

G.R. No. L-4221 | 1952-08-30

D E C I S I O N


BENGZON, J.:

The purpose of this appeal from the Court of First Instance of Quezon City is to test the validity of Proclamation No. 210 suspending the privilege of the writ of habeas corpus.

A few months ago the same proclamation came up for discussion in connection with the request for bail of some prisoners charged with rebellion. 1 The divided opinion of this Court did not squarely pass on the validity of the proclamation; but, assuming it was obligatory, both sides proceeded to determine its effect upon the right of such prisoners to go on bail.

This decision will now consider the points debated regarding the aforesaid...