G.R. No. L-4221
Uploaded by
Teresa CardinozaG.R. No. L-4221
Uploaded by
Teresa CardinozaG.R. No.
L-4221 August 30, 1952
MARCELO D. MONTENEGRO, petitioner-appellant,
vs.
GEN. MARIANO CASTAÑEDA, and COLONEL EULOGIO BALAO, respondents-appellees.
In October 1950, Montenegro’s son was arrested by military agents. Three days after the arrest, PP 210
was proclaimed suspending the privilege of the writ of habeas corpus. Montenegro then filed before the
court to have his son be set free for his arrest was w/o cause and that the said PP should not be applied
retroactively to his son for it would then constitute a violation of the constitutional prohibition against
bill of attainders. Montenegro then filed a petition for the writ of habeas corpus demanding the
detainers to bring his son’s body and explain his detention. Castaňeda et al argued that the court has no
judicial authority over the matter invoking the PP and the previous ruling in Barcelon vs Baker.
ISSUE: Whether or not Montenegro’s petition should be granted.
HELD: As ruled by the SC in the Barcelon case, Montenegro’s petition is likewise denied. The
constitutional authority of the President to suspend in case of imminent danger of invasion, insurrection
or rebellion under Article 7 may not correctly be placed in doubt.
