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    Barcelon Vs Baker

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    Pilyang Sweet
    This case concerns Felix Barcelon who was detained in Batangas province by authorities responding to an insurrection. The Governor-General had suspended habeas corpus in Cavite and Batangas under authority from the Philippine Commission and Congress. Barcelon's lawyers applied for a writ of habeas corpus, arguing the detention lacked legal authority. However, the court held that the legislative and executive branches have exclusive authority to suspend habeas corpus in cases of rebellion or insurrection, and their determination of the facts is not subject to judicial review.

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    Barcelon Vs Baker

    Uploaded by

    Pilyang Sweet
    91 views1 page
    This case concerns Felix Barcelon who was detained in Batangas province by authorities responding to an insurrection. The Governor-General had suspended habeas corpus in Cavite and Batangas under authority from the Philippine Commission and Congress. Barcelon's lawyers applied for a writ of habeas corpus, arguing the detention lacked legal authority. However, the court held that the legislative and executive branches have exclusive authority to suspend habeas corpus in cases of rebellion or insurrection, and their determination of the facts is not subject to judicial review.

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    3. Barcelon vs Baker

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    This case concerns Felix Barcelon who was detained in Batangas province by authorities responding to an insurrection. The Governor-General had suspended habeas corpus in Cavite and Batangas under authority from the Philippine Commission and Congress. Barcelon's lawyers applied for a writ of habeas corpus, arguing the detention lacked legal authority. However, the court held that the legislative and executive branches have exclusive authority to suspend habeas corpus in cases of rebellion or insurrection, and their determination of the facts is not subject to judicial review.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    91 views1 page

    Barcelon Vs Baker

    Uploaded by

    Pilyang Sweet
    This case concerns Felix Barcelon who was detained in Batangas province by authorities responding to an insurrection. The Governor-General had suspended habeas corpus in Cavite and Batangas under authority from the Philippine Commission and Congress. Barcelon's lawyers applied for a writ of habeas corpus, arguing the detention lacked legal authority. However, the court held that the legislative and executive branches have exclusive authority to suspend habeas corpus in cases of rebellion or insurrection, and their determination of the facts is not subject to judicial review.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Barcelon vs Baker

    Doctrine: Whenever the Constitution or a statute gives a discretionary power to any person, to
    be exercised by him upon his own opinion of certain facts, such person is to be considered the
    sole and exclusive judge of the existence of those facts has been recognized in this case.
    The authority to suspend the privilege of writ of habeas corpus is exclusively vested in the
    legislative and executive branches of the government and their decision is final and
    conclusive upon the Judicial Department and upon all persons.
    Facts:
    This case was an application for a writ of habeas corpus applied by Felix and Cohn, attorneys of
    law, which alleged that Barcelon is detained and restrained of his liberty at the town of
    Batangas, and that the detention and restraint of the said applicant is wholly without legal
    authority and not under or by virtue of any process issued by any court. Respondents admit that
    they are detaining the body of the said Felix Barcelon, but deny the right of the court to inquire
    into the reasons therefore by virtue of the resolution issued by the Philippine Commission and
    the executive order of the Governor-General suspending the privilege of the writ of habeas
    corpus in the Provinces of Cavite and Batangas. The Philippine Bill section 5 provides that the
    Governor-General is hereby authorized to suspend writ of habeas corpus in the said provinces
    because of the fact that certain organized bands of ladrones in said provinces were in open
    insurrection against the constituted authorities; and the said bands, or parts of them, and some
    of their leaders, were still in open resistance to the constituted authorities.
    Issue:
    Whether or not the judicial department of the Government may investigate the facts upon which
    the legislative and executive branches of the Government acted in providing for the suspension
    of the privilege of the writ of habeas corpus in the province of Cavite and Batangas
    Held:
    NO. It is the duty of the legislative branch of the Government to make such laws and regulations
    as will effectually conserve peace and good order and protect the lives and property of the
    citizens of the State. It is the duty of the Governor-General to take such steps as he deems wise
    and necessary for the purpose of enforcing such laws. If the judicial department of the
    Government, or any officer in the Government, has a right to contest the orders of the President
    or of the Governor-General under the conditions above supposed, before complying with such
    orders, then the hands of the President or the Governor-General may be tied until the very
    object of the rebels or insurrectors or invaders has been accomplished.
    IN THIS CASE, Congress had authority to provide that the President, or the Governor-General,
    with the approval of the Philippine Commission, might suspend the privilege of the writ of
    habeas corpus in cases of rebellion, insurrection, or invasion, when the public safety might
    require it.

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