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In re: Aquino, Jr., et al. vs. Enrile, et al. [SEPARATE OPINION, ESGUERRA, 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 OOPINION, ESGUERRA, 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

ESGUERRA, J., concurring: 

A.PRELIMINARY STATEMENT

On September 21, 1972, the President issued Proclamation No. 1081 placing the whole Philippines under martial law. This proclamation was publicly announced by the President over the television and radio on the evening of September 23, 1972. The grounds for the proclamation are recited in detail in its preamble, specifically mentioning various acts of insurrection and rebellion already perpetrated and about to be committed against the Government by the lawless elements of the country in order to gain political control of the state. After laying down the basis for the establishment of...