In Philippine jurisdiction, the present 1987 Philippine Constitution, Article III, Section 15 provides that “The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.” As per definition, it is a law stating that an individual cannot be imprisoned or held in custody inside a prison cell unless he/she has first been brought before a court of law, which decides whether or not it is legal for the person to be kept in prison.
President Elpidio Quirino suspended the privilege of the writ of habeas corpus in some parts of Luzon in order to stifle the emergence of the Hukbalahap guerillas.
The Supreme Court, through Chief Justice Roberto Concepcion, ruled that the suspension of the privilege of the writ of habeas corpus was proper for having factual and legal basis clearly provided forth by the government.
The Supreme Court decided unanimously to dismiss the petitions, but as Chief Justice Querube Makalintal put it, "there was no agreement as to the manner the issues would be treated and developed.
It states that in case of invasion or rebellion, when the public safety requires it, the President may suspend the privilege of the writ of habeas corpus for a period not exceeding sixty days, or place the Philippines or any part of the country under martial law.
Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress.
It is provided that the Supreme Court may review the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof.