Soliven V Makasiar Case Digest

Topics: United States Constitution, Prima facie, Freedom of speech Pages: 2 (484 words) Published: September 23, 2009
LUIS BELTRAN vs. HON. RAMON MAKASIARG.R. No. L-82827, G.R. No. L-83979 November 14, 1988

Facts: This is a petition for certiorari and prohibition to review the decision of the RTC of Manila. The facts are stated in the resolution of the Court regarding G.R Nos. 82585, 82827 and 83979; wherefore, the petitioner’s were lump together considering these cases were same in character. In these consolidated cases, 3 principal issues were raised: 1) whether or not petitioners were denied due process when information for libel were filed against them although the finding of the existence of prima facie case was still under review by the Secretary of Justice and, subsequently, by the President; 2) whether or not the constitutional rights of petitioner Beltran were violated when respondent RTC judge issued a warrant for his arrest without personally examining the complainant and the witnesses to determine probable cause; 3) whether or not the President of the Philippines, under the Constitution, may initiate criminal proceedings against the petitioners through filing of a complainant-affidavit. The following subsequent events informs about the first issue that rendered moot and academic: On March 30, 1988, the Secretary of Justice denied petitioners’ motion for reconsideration and upheld the resolution of the Undersecretary of Justice sustaining the City Fiscals finding of a prima facie case against petitioners; Also another motion for consideration filed by petitioner Beltran was denied on April 7, 1988; On appeal, the President, through the Executive Secretary, affirmed the resolution affirmed the Resolution of the Secretary of Justice on May 2, 1988; And on May 16, 1988, The Executive Secretary denied the motion for reconsideration. The second issue calls for an interpretation of the constitutional provision on the issuance of arrest warrant. The third issue argues on the presidential privilege of immunity from...
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