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

FERNANDO, J., concurring and dissenting: 

The issue involved in these habeas corpus petitions is the pre-eminent problem of the times the primacy to be accorded the claims of liberty during periods of crisis. There is much that is novel in what confronts the Court. A traditional orientation may not suffice. The approach taken cannot be characterized by rigidity and inflexibility. There is room, plenty of it, for novelty and innovation. Doctrines deeply rooted in the past, that have stood the test of time and circumstance, must be made adaptable to present needs and, hopefully, serviceable to an unknown future, the events of...