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In re: Aquino, Jr., et al. vs. Enrile, et al. [SEPARATE OPINION, ANTONIO, J.]

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, ANTONIO, J.]

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

 ANTONIO, J., concurring:

These applications for writs of habeas corpus present for review Proclamation No 1081 of the President of the Philippines, placing the country under martial law on September 21, 1972, and the legality of the arrest and detention of prisoners under the aforesaid proclamation. The issues posed have confronted every democratic government in every clime and in every age. They have always recurred in times of crisis when the nation's safety and continued existence are in peril. Involved is the problem of harmonizing two basic interests that lie at the foundation of every democratic constitutional system. The first...