GR L 44; (September, 1945) (Digest)
G.R. No. L-44; September 13, 1945
LILY RAQUIZA, ET AL., petitioners, vs. LT. COL. L.J. BRADFORD, ET AL., respondents.
FACTS
Petitioners Lily Raquiza, Haydee Tee Han Kee, and Emma Link Infante filed a petition for a writ of habeas corpus, alleging they were being deprived of their liberty at the Correctional Institution for Women. They were detained under Security Commitment Orders issued by U.S. Army Counter Intelligence Corps detachments by virtue of a proclamation issued by General Douglas MacArthur on December 29, 1944. The specific charges were: Raquiza for “Espionage activity for Japanese,” Tee Han Kee for “Active collaboration with the enemy,” and Infante for “Active collaboration with the Japanese.” The proclamation stated its purpose was to remove such persons from positions of influence and hold them in restraint “for the duration of the war,” after which they would be released to the Philippine Government for judgment. Respondents argued the detention was lawful under this proclamation.
ISSUE
Whether the petitioners are entitled to be released from detention under the writ of habeas corpus, considering their arrest and confinement by U.S. military authorities under General MacArthur’s proclamation.
RULING
The Supreme Court granted the petition and ordered the immediate release of the petitioners. The Court held that the war had not terminated within the meaning of General MacArthur’s proclamation, as war legally continues until a formal proclamation of peace by competent authority. However, the Court further ruled that even if the war had terminated, the petitioners would continue under military custody only for a reasonable time thereafter to allow for their proper delivery to the Philippine Government. The Court emphasized the supremacy of civil law and the judiciary’s jurisdiction, stating that the army is always under the authority of civil government and must obey the laws. The Court rejected any theory that would place military power above the law, asserting its duty to uphold the law and exercise its jurisdiction, including over cases involving American troops, to protect the rights of the people.