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In Re: Lansang vs. Garcia 42 SCRA 448 [SEPARATE OPINIONS]

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF TEODOSIO LANSANG, RODOLFO DEL ROSARIO, and BAYANI, ALCALA, petitioners, vs. BRIGADIER-GENERAL EDUARDO M. GARCIA, Chief, Philippine Constabulary, respondent./ ROGELIO V. ARIENDA, petitioner, vs. SECRETARY

G.R. No. L-33964 and G.R. No. L-33965 and G.R. No. L-33973 | 1971-12-11

Separate Opinions 

CASTRO and BARREDO, JJ., concurring: 

While concurring fully in the opinion of the Court, we nevertheless write separately to answer, from our own perspective, a point which Mr. Justice Fernando makes in his dissent. His view, as we understand it, is that while an individual may be detained beyond the maximum detention period fixed by law when the privilege of the writ of habeas corpus is suspended, such individual is nevertheless entitled to be released from the very moment a formal complaint is filed in court against him. The theory seems to be that from the time the charge is filed, the court acquires, because...