Aquino V. Enrile (G.R. No. L-35546, September 17, 1974, 59 SCRA 183 read The Case)
Decided during martial law, it involved the petition of habeas corpus of Marcos’ critics, notably Benigno Aquino, Jr. and Jose W. Diokno. The Supreme Court decided unanimously to dismiss the petitions, but as Chief Justice Querube Makalintal put it, "there was no agreement as to the manner the issues would be treated and developed. The same destination would be reached, so to speak, but through different routes and by means of different vehicles of approach." He said that the reason why the Court did not produce a single, collegial opinion, among others, was that the members of the Supreme Court are conscious of "the future verdict of history" upon their stand.
Even before the cases were decided, Diokno, to the chagrin of the Supreme Court, opted to withdraw his petition on the ground that no fair decision can be made of the court to render him justice. What made it worse was the fact that before the Supreme Court could respond to Diokmo’s challenge, Marcos issued an order releasing him and the other petitioners, leaving Aquino behind.
Justice Fred Ruiz Castro opined that the declaration of martial law automatically suspends the application of the said writ, thus Aquino cannot be released. He said that martial law "is founded upon the principle that the state has a right to protect itself against those who would destroy it, and has therefore been likened to the right of an individual to self-defense."
Read more about this topic: Philippine Habeas Corpus Cases
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