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In Re: Padilla [SEPARATE OPINION, CONCURRING, FERNANDO, C.J.]

IN THE MATTER OF THE PETITION FOR THE ISSUANCE OF THE WRIT OF HABEAS CORPUS FOR DR. AURORA PARONG, NORBERTO PORTUGUESE, SABINO PADILLA, FRANCIS DIVINAGRACIA, IMELDA DE LOS SANTOS, BENJAMIN PINEDA, ZENAIDA MALLARI, MARIANO SORIANO, TITO TANGUILIG, LETTY BALLOGAN, BIENVENIDA GARCIA, EUFRONIO ORTIZ, JR., JUANITO GRANADA and TOM VASQUEZ. JOSEFINA GARCIA-PADILLA, petitioner, vs. MINISTER JUAN PONCE ENRILE, GEN. FABIAN C. VER, GEN. FIDEL V. RAMOS, and LT. COL. MIGUEL CORONEL, respondents.

G.R. No. L-61388 | 1983-04-20

FERNANDO, C.J., concurring in the result with qualification in primarily on the respect that must be accorded the constitutional right to bail once a case is filed and dissenting as to the overruling of Lansang v. Garcia:
 
It does not admit of doubt that the question posed in this petition for the writ of habeas corpus, and in other similar petitions for that matter, is impressed with significance that calls for the highest degree of care and circumspection. The result arrived at by the Court is that once a presidential commitment order is issued, the detention is rendered valid and legal, the right to be released of the...