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In re: Aquino, Jr., et al. vs. Enrile, et al. [SEPARATE OPINION, TEEHANKEE, J., concurring and dissenting]

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF BENIGNO S. AQUINO, JR., RAMON MITRA, JR., FRANCISCO RODRIGO, AND NAPOLEON RAMA, petitioners vs. HON. JUAN PONCE ENRILE, SECRETARY OF NATIONAL DEFENSE; GEN. ROMEO ESPINO, CHIEF OF STAFF, ARMED FORCES OF THE PHILIPPINES; AND GEN. FIDEL V. RAMOS, CHIEF, PHILIPPINE CONSTABULARY, respondents. [SEPARATE OPINION, TEEHANKEE, J., concurring and dissenting]

G.R. No. L-35546 / No. L-35538. / No. L-35539 / No. L-35540 / No. L-35547 / No. L-35556 / No. L-3 | 1974-09-17

TEEHANKEE, J., concurring and dissenting:

Prefatory statement: This separate opinion was prepared and scheduled to be promulgated with the judgment of the Court (penned by the Chief Justice) on September 12, 1974. Such promulgation was however overtaken by the welcome news of the release from detention on September 11, 1974 of petitioner Jose W. Diokno upon the order of President Ferdinand E. Marcos, and the Court then resolved to defer promulgation until the following week. Hence, Part I of this opinion dealing with the Diokno petition should be read in such time context.

The two other parts thereof dealing with the Aquino and Rodrigo...