Suspending the Privilege of the Writ of Habeas Corpus in Certain Cases

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Suspending the Privilege of the Writ of Habeas Corpus in Certain Cases

Proclamation No. 210

October 22, 1950

Case Overview and Summary

Summary of Proclamation No. 210

Suspension of the Privilege of the Writ of Habeas Corpus
- The President of the Philippines, Elpidio Quirino, suspended the privilege of the writ of habeas corpus for certain persons under the following circumstances:
• Lawless elements have committed acts of sedition, insurrection, and rebellion to overthrow the government. (Preamble)
• These acts include armed raids, ambushes, murder, rape, looting, arson, destruction of buildings, and attacks against police, military, and civilians. (Preamble)
• These acts are perpetrated by well-organized and armed groups, posing an actual danger of rebellion that may spread nationwide. (Preamble)
• 100 leading members of these lawless elements have been apprehended, and strong evidence shows their involvement in rebellious and subversive acts. (Preamble)
• Immediate action is required to ensure public safety and maintain government authority. (Preamble)
• The suspension of the writ of habeas corpus is authorized under Article VII, Section 10, Paragraph (2) of the Constitution. (Operative Clause)
• The suspension applies to persons presently detained and those who may be detained for crimes of sedition, insurrection, rebellion, and related offenses. (Operative Clause)

Amends

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Executive Issuances

Proclamations

suspension

writ of habeas corpus

sedition

insurrection

rebellion

lawless elements

armed raids

ambushes

murder

rape

looting

arson

destruction of buildings

attacks against police

attacks against military

attacks against civilians

well-organized groups

armed groups

danger of rebellion

nationwide

apprehended members

evidence of subversive acts

public safety

government authority

constitutional authority

crimes

offenses

Law

Suspending the Privilege of the Writ of Habeas Corpus in Certain Cases

Proclamation No. 210

October 22, 1950

MALACAÑANGManila BY THE PRESIDENT OF THE PHILIPPINES Proclamation No. 210 SUSPENDING THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN CERTAIN CASES WHEREAS, lawless elements of the country have committed overt acts of sedition, insurrection and rebellion for the purpose of overthrowing the duly constituted authorities and, in pursuance thereof, have created a state of lawlessness and disorder affecting public safety and the security of the state; WHEREAS, these acts of sedition, insurrection and rebellion consisting of armed raids, sorties and ambushes and the wanton acts of murder, rape, spoilage, looting, arson, planned destruction of public and private buildings, and attacks against police and constabulary detachments, as well as against civilian lives and properties, as reported by the Commanding General of the Armed Forces, have seriously endangered and still continue to endanger the public safety; WHEREAS, these acts of sedition, insurrection and rebellion have been perpetrated by various groups of persons well organized for concerted action and well armed with machine guns, rifles, pistols and other automatic weapons, by reason whereof there is actual danger...
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Suspending the Privilege of the Writ of Habeas Corpus in Certain Cases

Amends

n/a

Amended by

n/a

Tags

Executive Issuances

Proclamations

suspension

writ of habeas corpus

sedition

insurrection

rebellion

lawless elements

armed raids

ambushes

murder

rape

looting

arson

destruction of buildings

attacks against police

attacks against military

attacks against civilians

well-organized groups

armed groups

danger of rebellion

nationwide

apprehended members

evidence of subversive acts

public safety

government authority

constitutional authority

crimes

offenses

MALACAÑANGManila BY THE PRESIDENT OF THE PHILIPPINES Proclamation No. 210 SUSPENDING THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN CERTAIN CASES WHEREAS, lawless elements of the country have committed overt acts of sedition, insurrection and rebellion for the purpose of overthrowing the duly constituted authorities and, in pursuance thereof, have created a state of lawlessness and disorder affecting public safety and the security of the state; WHEREAS, these acts of sedition, insurrection and rebellion consisting of armed raids, sorties and ambushes and the wanton acts of murder, rape, spoilage, looting, arson, planned destruction of public and private buildings, and attacks against police and constabulary detachments, as well as against civilian lives and properties, as reported by the Commanding General of the Armed Forces, have seriously endangered and still continue to endanger the public safety; WHEREAS, these acts of sedition, insurrection and rebellion have been perpetrated by various groups of persons well organized for concerted action and well armed with machine guns, rifles, pistols and other automatic weapons, by reason whereof there is actual danger...
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Suspending the Privilege of the Writ of Habeas Corpus in Certain Cases