BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES

a collections of case digests and laws that can help aspiring law students to become a lawyer


Soliven v. Judge Makasiar, 167 SCRA 393 (1988)

11/28/2020

0 Comments

 
Soliven v. Judge Makasiar, 167 SCRA 393 (1988) 

FACTS:
Luis Beltran was a columnist for the newspaper Philippine Star. Maximo Soliven was the paper’s editor-in-chief. They were sued for libel by then President Corazon Aquino due to an article written by Beltran wherein he alleged that the president “hid under the bed” during a bloody coup attempt staged by military rebels in December 1989. The case was raffled to the sala of Judge Ramon Makasiar. Judge Makasiar then issued a warrant of arrest against Beltran et al. Beltran et al filed a certiorari petition before the Supreme Court alleging, among others, that (1) the warrants of arrest against them were irregularly issued due to the fact that Judge Makasiar did not personally examine the complainant (President Aquino) and her witnesses before issuing the arrest warrants, and (2) President Aquino cannot file a complaint affidavit because this would defeat her presidential immunity from suit; A president cannot be sued, however, if a president would sue then the president would allow herself to be placed under the court’s jurisdiction and conversely she would be consenting to be sued back. Also, considering the functions of a president, the president may not be able to appear in court to be a witness for herself thus she may be liable for contempt.
 
ISSUE: 
 Whether or not a judge is required to personally examine the complainant and/or his witnesses in determining probable cause prior to issuing a warrant of arrest.
 
RULING:
 No. Sec. 2, Article III of the 1987 Constitution provides: “xxx no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce…”. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. In satisfying himself of the existence of probable cause for the issuance of a warrant of arrest, the judge is not required to personally examine the complainant and his witnesses. Following established doctrine and procedure, he shall: (1) personally evaluate the report and the supporting documents submitted by the fiscal regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest; or (2) if on the basis thereof he finds no probable cause, he may disregard the fiscal’s report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause. Sound policy dictates this procedure, otherwise judges would be unduly laden with the preliminary examination and investigation of criminal complaints instead of concentrating on hearing and deciding cases filed before their courts.

​
0 Comments



Leave a Reply.

    Archives

    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES