Soliven v.

Makasiar
Nov. 14, 1988
G.R. No. 82585
Specific 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 Fiscals 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. No
The 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