G.R. No. L-44910. November 29, 1976.
IN THE MATTER OF THE APPLICATION FOR HABEAS CORPUS OF SERAFIN G. CRUZ. SERAFIN G. CRUZ, petitioner, vs. GEN. ROMEO GATAN of the Philippine Constabulary (PC) Camp Olivas, San Fernando, Pampanga, respondent.

FACTS

Serafin G. Cruz was arrested by Philippine Constabulary agents on August 30, 1976, at a checkpoint in Baguio City and detained at Camp Olivas, Pampanga, under the custody of respondent General Romeo Gatan. A petition for a writ of habeas corpus was filed on his behalf on October 22, 1976, alleging that he was held incommunicado without due process, not by virtue of any court order, and that he did not belong to any subversive organization covered by Proclamation No. 1081, thus claiming the privilege of the writ remained unsuspended as to him.
The respondent, in his return, justified the arrest and detention as lawful under martial law, executed pursuant to Arrest, Search, and Seizure Order (ASSO) No. 4122 issued by the Secretary of National Defense for Cruz’s alleged violation of Article 147 (Illegal Associations) of the Revised Penal Code. The respondent claimed Cruz was the “Over-all Commander and Contractor General” of an unregistered veterans group, the Bataan Defenders Command. It was further asserted that Cruz’s continued detention was partly due to his own expressed fear of harm from group members if released, especially before the arrest of its alleged mastermind, Atty. Cecilio Baylon Buenafe.

ISSUE

Whether the writ of habeas corpus should be granted to release Serafin G. Cruz from detention.

RULING

The Supreme Court dismissed the petition. The legal foundation for the dismissal rested on two key points. First, the petitioner himself, during the proceedings, manifested his preference to remain under protective custody, even after the subsequent arrest of Atty. Buenafe. This voluntary choice rendered the petition moot and the issues raised unnecessary.
Second, and substantively, the Court ruled that the arrest and detention were legally valid under the prevailing martial law regime. The arrest was effected by virtue of ASSO No. 4122, issued by the Secretary of National Defense pursuant to General Order No. 2-A, as amended. This General Order, derived from the President’s powers under Proclamation No. 1081, authorized the detention of persons charged with crimes against public order, including the offense of Illegal Associations under Article 147 of the Revised Penal Code, with which Cruz was charged. Citing the precedent in Aquino, Jr. vs. Ponce Enrile, the Court affirmed that the declaration of martial law and the suspension of the privilege of the writ of habeas corpus for persons believed involved in the disorders were settled matters. Consequently, any judicial inquiry into the factual basis of Cruz’s detention under the ASSO would be purposeless, as such orders were issued under the President’s martial law authority. The petition was therefore dismissed.