Title
Soliven vs. Makasiar
Case
G.R. No. 82585
Decision Date
Nov 14, 1988
Philippine journalists charged with libel for articles defaming President Aquino; court upheld arrest warrants, affirmed presidential immunity waiver, dismissed claims of denied due process.

Case Digest (G.R. No. L-41958)
Expanded Legal Reasoning Model

Facts:

  • Parties and Context
    • Petitioners
      • Maximo Soliven, Antonio V. Roces, Frederick K. Agcaoili, Godofredo L. Manzanas – newspaper publisher, editorial board members, managing editor, business manager.
      • Luis D. Beltran – newspaper columnist.
    • Respondents
      • Hon. Ramon P. Makasiar – Presiding Judge, RTC Manila, Branch 35.
      • Undersecretary Silvestre Bello III, Secretary Sedfrey Ordoñez, Executive Secretary Catalino Macaraig – Department of Justice.
      • Luis C. Victor, Jesus F. Guerrero – City Fiscal of Manila.
      • President Corazon C. Aquino – complainant in the libel proceedings.
  • Procedural History
    • Filing of libel informations by City Fiscal against the petitioners while preliminary investigation findings were under review by DOJ and the President.
    • Denial of motions for reconsideration:
      • Undersecretary’s resolution finding prima facie case upheld by Secretary of Justice (March 30 and April 7, 1988).
      • President, through the Executive Secretary, affirmed the Secretary’s resolution (May 2 and May 16, 1988).
    • Petitioners filed consolidated petitions for certiorari and prohibition before the Supreme Court, challenging:
      • Denial of due process in preliminary investigation.
      • Issuance of arrest warrants without personal examination by the judge.
      • President’s capacity to initiate criminal proceedings via complaint-affidavit.

Issues:

  • Due Process in Preliminary Investigation
    • Were petitioners denied due process by premature filing of informations before completion of administrative review?
    • Did petitioners have to file counter-affidavits to preserve due process?
  • Issuance of Arrest Warrants
    • Does the Constitution require the issuing judge to personally examine the complainant and witnesses under oath to determine probable cause?
    • Did Judge Makasiar commit grave abuse of discretion in issuing the warrants?
  • Presidential Capacity to File Complaint-Affidavit
    • May the President, under the Constitution, initiate criminal proceedings by filing a complaint-affidavit?
    • Can an accused invoke presidential immunity to bar the prosecution?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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