Back

Laurente Ilagan, et al. Vs. Hon. Juan Ponce Enrile [SEPARATE OPINIONS ]

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF LAURENTE C. ILAGAN, ANTONIO B. ARELLANO, and MARCOS D. RISONAR, JR., Integrated Bar of the Philippines [IBP]; Free Legal Assistance Group [FLAG] and Movement of Attorneys For Brotherhood, Integrity and Nationalism, Inc., [MABINI], petitioners, vs. HON. JUAN PONCE ENRILE, Minister of National Defense; LT. GEN. FIDEL V. RAMOS, Acting Chief of Staff, Armed Forces of the Philippines; BRIG. GEN. DIONISIO TANGATUE, PC-INP Regional Commander for Region XI, Camp Catitipan, Davao City, respondents. [SEPARATE OPINIONS]

G.R. No. 70748 | 1985-10-21

Separate Opinions

MELENCIO-HERRERA, J., concurring:

I wish to express my views on other aspects of this case with which the majority does not concur.

It is to be noted that in the Warrant of Arrest issued by the Executive Judge of the Regional Trial Court of Davao City "no bail" has been indicated. Neither was bail recommended by the City Fiscal. However, pursuant to Presidential Decree No. 1834, even as amended by Presidential Decree No. 1974 (May 2, 1985), the crime of Rebellion is still punishable by "reclusion perpetua to death." Presidential Decree No. 1974 did not reduce the penalty for Rebellion under Article 135 of the Revised Penal...