We have just now a unanimous decision of the Supreme Court upholding the validity of my proclamation suspending the privilege of the writ of habeas corpus.
It declared the existence of a rebellion by the communist party of the Philippines; it declared “we entertain therefore no doubts about the existence of a sizeable group of men who have publicly risen in arms to overthrow the government and have thus been and still are engaged in rebellion against the Government of the Philippines.”
On p. 31 of the decision, it said “In case of invasion, insurrection or rebellion or imminent danger therefore, the President has, under the Constitution, three (3) courses of action open to him, namely: (a) to call out the armed forces; (b) to suspend the privilege of the writ of habeas corpus; and (c) to place the Philippines or any part therefore under martial law. He had, already, called out the armed forces, which measure, however, proved inadequate to attain the desired result of the two (2) other alternatives, the suspension of the privilege is the least harsh.”
This merely means I can place the Philippines or any part therefore under martial law.
On p. 24 it had said, “Such New People’s Army is per se proof of the existence of a rebellion, especially considering that its establishment was announced publicly by the reorganized CPP [Communist Party of the Philippines]. Such announcement is in the nature of a public challenge to the duly constituted authorities and may be likened to a declaration of war, sufficient to establish a war status or a condition of belligerency, even before the actual commencement of hostilities.”
This is a red letter day. And it is the 11th of December.
I attach hereto the decision and press releases.
The court adopted the entire theory of revolution that I wrote for the briefing by Gen. [Manuel] Yan and [Fidel] Ramos. And is now practically the entire book on Revolution I am finalizing—that revolution uses all weapons and is total war.
Official Gazette for December 11, 1971: PRESIDENT MARCOS put in a full measure of desk work, receiving only a couple of department officials who took up with him- matters concerning their offices.
Early in the evening, the President received the member of the Malacañang Press Corps.
Asked to comment on the unanimous decision of the Supreme Court upholding his suspension of the privilege of the writ of habeas corpus, the President declined to make any statement saying he has not received any official report on the matter.