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In re: Aquino, Jr., et al. vs. Enrile, et al. [DISSENTING OPINION, MUNOZ PALMA, 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. [DISSENTING OPINION, MUNOZ PALMA, 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

MUNOZ PALMA, J., dissenting:

2. In G.R. L-35539, Carmen I. Diokno, in behalf of her husband, Jose W. Diokno, petitioner: 

Re "Motion to Withdraw Petition" dated 
December 29, 1973: 

I shall explain why I voted to grant the motion. I believe that a petition for habeas corpus basically involves the life and liberty of the petitioner, and, if for reasons of his own the wisdom and/or correctness of which are best left to him to determine he desires to withdraw the same and leave his present condition of indefinite detention as it is, such is his right which I as a fellow-human being and as a magistrate of the law should not deny...