Raquiza v. Bradford 75 Phil 50

Nature: Original action in the SC. Habeas corpus.

Facts:

By virtue of the proclamation issued by General of the Army MacArthur, petitioners were arrested by the 306 CIC and detained under security commitment order No 385. The petitioners Raquiza, Tee Han Kee, and Infante were charged with Espionage activity with the Japanese & active collaboration with the enemy respectively. Power of Commander of the US Army to proclaim by virtue of military necessity is not questioned. He based proclamation on reasons that apprehended have violated due allegiance to US and it is a military necessity. Petitioners move for writ of Habeas Corpus.

Issues:


1. WON the war terminated within the meaning of that part in the proclamation?


[Note: The power of commander in chief of the US Army to issue a proclamation providing for military measures to be taken upon the apprehension of Filipino citizens who voluntarily have given aid, comfort and sustenance to the enemy, cannot be seriously questioned.]
No. “The war, in the legal sense, continues until, and terminated at the same time of, some formal proclamation of peace by an authority competent to proclaim it. It is the province of the political dept, & not the judicial dept, to determine if war has ended. Fact that delivery of certain persons under custody of the US Army has already begun doesn’t mean that the war has, in the legal sense, already terminated, w/c clearly it hasn’t. Delivery w/in power of military authorities to make even before was terminated.


2. WON this court has jurisdiction or legal power to afford relief to the petitioners in the sad and sorry plight to which they have been and are being subjected?


No. Civil Courts shouldn’t interfere. A foreign army permitted to march through a friendly country or to be stationed in it, is exempt from civil & criminal jurisdiction of the place. Grant of free passage implies a waiver of all jurisdiction over troops during passage (let them exercise their own discipline). Any attempt by our civil Courts to exercise jurisdiction over US troops would be a violation of our country’s faith. On the other hand, petitioners may have recourse to proper military authorities.