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Jose W. Diokno, et al. vs. Juan Ponce Enrile

JOSE W. DIOKNO, BENIGNO S. AQUINO, JR., and LORENZO M. TA?ADA, petitioners, vs. JUAN PONCE ENRILE, in his capacity as Secretary of National Defense, and RAFAEL G. ZAGALA, in his capacity as Commanding General of Fort Bonifacio, respondents. Lorenzo M. Ta?ada, Renato E. Ta?ada and Wigberto E. Ta?ada for petitioners. Solicitor General Estelito P. Mendoza, Assistant Solicitor General Hugo E. Gutierrez, Jr. and Solicitor Reynato S. Puno for respondents.

G.R. No. L-36315 | 1981-12-19

D E C I S I O N


FERNANDO, J.:

It is primarily the constitutional right to counsel, 1 as reinforced by statute 2 on which this mandamus proceeding is based, the crucial allegation being that petitioner Lorenzo M. Tañada, a highly-respected member of the Philippine Bar and former Senator as counsel, was denied the right "to visit and confer" 3 with his clients, the other petitioners, Jose W. Diokno and Benigno S. Aquino, Jr., then both under detention. His efforts to do so failed notwithstanding the request made to respondent Brigadier General Rafael G. Zagala, then the Commanding Officer in Fort Bonifacio, and as such "having...