Soliven v. MakasiarNov. 14, 1988G.R. No. 82585Specific Constitutional Provision Cited: Requisites of a Valid Warrant

Facts:Consolidated cases regarding the suit against Luis D. Beltran and his articles in the

Philippine STAR (where he was a columnist) that mentioned President Cory Aquino hiding under her bed during a 1987 Coup attempt. He was sued for libel.

Issues:1. Whether or not petitioners were denied due process when informations for libel were filed against them even if the prima facie case was still under review by the Sec. of Justice.2. Whether or not the constitutional rights of Beltran were violated when respondent RTC judge issued a warrant for his arrest without personally examining the complainant and the witnesses, if any, to determine probable cause.3. Whether or not the President of the Philippines can initiate criminal proceedings against petitioners.

Held:1. Moot and academic

The Sec. of Justice sustained the City Fiscal’s finding of a prima facie case against the petitioners. Also, it should be noted that instead of submitting counter-affidavits, Beltran filed a “Motion to declare proceedings closed”, in effect, waiving his right to refute the complaint by filing counter-affidavits.

2. NO – search warrant was VALID.Reading of Art. III, Sec. 2:The right of the people to be secure in their persons, houses, papers and effects against

unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examinationU nder oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.Beltran is wrong in contending that the insertion of the word “personally” now requires the judge to personally examine the complainant and his witnesses to determine probable cause. This is not accurate.

What the constitution underscores is the exclusive and personal responsibility of the judge to satisfy himself of the existence or probable cause. The judge is not required to personally examine the complainant and his witnesses. He shall:

1. Personally evaluate the report and supporting documents of the fiscal, and if he determines probable cause, issue a warrant; or

2. If, on the basis thereof, he finds no probable cause, he may disregard the report and require submission of supporting affidavits of witnesses to aid him at arriving at a conclusion for probable cause.

The purpose of this is to prevent judges from being unduly laden with preliminary examination, and focus his   efforts on hearing and deciding cases instead . This procedure was laid down by SC Circ. 12 on June 30, 1987.

Judge Makasiar has not deviated from the prescribed procedure, the warrant is valid.

Prepared by: Carlo Chungunco I-B

3. NoThe immunity from suit can only be invoked by the President herself, she can waive it and it

cannot be waved for her by Beltran. No grave abuse on the part of respondent Judge.

Prepared by: Carlo Chungunco I-B