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    Soliven v. Makasiar

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    carmelafojas
    1) The document discusses the case of Soliven v. Makasiar regarding the immunity from suit of President Corazon Aquino. Luis Beltran and others were charged with libel for comments made about Aquino during a coup. 2) Makasiar argued that Aquino cannot file a complaint against Beltran due to her immunity from suit as president. However, the court found that if a president files a complaint, they waive their immunity and consent to being sued themselves. 3) The court ultimately ruled that the presidential immunity privilege can only be invoked by the sitting president and not others on their behalf. The president also has sole discretion over whether to waive this immunity. The petitions in this case

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    Soliven v. Makasiar

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    carmelafojas
    187 views1 page
    1) The document discusses the case of Soliven v. Makasiar regarding the immunity from suit of President Corazon Aquino. Luis Beltran and others were charged with libel for comments made about Aquino during a coup. 2) Makasiar argued that Aquino cannot file a complaint against Beltran due to her immunity from suit as president. However, the court found that if a president files a complaint, they waive their immunity and consent to being sued themselves. 3) The court ultimately ruled that the presidential immunity privilege can only be invoked by the sitting president and not others on their behalf. The president also has sole discretion over whether to waive this immunity. The petitions in this case

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    Consti 1 Digest

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    1) The document discusses the case of Soliven v. Makasiar regarding the immunity from suit of President Corazon Aquino. Luis Beltran and others were charged with libel for comments made about Aquino during a coup. 2) Makasiar argued that Aquino cannot file a complaint against Beltran due to her immunity from suit as president. However, the court found that if a president files a complaint, they waive their immunity and consent to being sued themselves. 3) The court ultimately ruled that the presidential immunity privilege can only be invoked by the sitting president and not others on their behalf. The president also has sole discretion over whether to waive this immunity. The petitions in this case

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    187 views1 page

    Soliven v. Makasiar

    Uploaded by

    carmelafojas
    1) The document discusses the case of Soliven v. Makasiar regarding the immunity from suit of President Corazon Aquino. Luis Beltran and others were charged with libel for comments made about Aquino during a coup. 2) Makasiar argued that Aquino cannot file a complaint against Beltran due to her immunity from suit as president. However, the court found that if a president files a complaint, they waive their immunity and consent to being sued themselves. 3) The court ultimately ruled that the presidential immunity privilege can only be invoked by the sitting president and not others on their behalf. The president also has sole discretion over whether to waive this immunity. The petitions in this case

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Soliven v.

    Makasiar

    Immunity fro m Suit

    Luis Beltran is among the petitioners in this case. He, together with others, was charged with libel by
    President Corazon Aquino for saying that Cory hid under her bed during coup detat. Aquino herself filed a
    complaint-affidavit against him and others. Makasiar averred that Aquino cannot file a
    complaint affidavit because this would defeat her immunity from suit. He grounded his contention on the
    principle that a president cannot be sued. However, if a president would sue then the president would allow
    herself to be placed under the courts 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.

    ISSUES:
    1) Whether or not petitioners were denied due process when informations for libel were filed against them
    although the finding of the existence of a 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 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, under the Constitution, may initiate criminal
    proceedings against the petitioners through the filing of a complaint-affidavit

    RATIO:
    The rationale for the grant to the President of the privilege of immunity from suit is to assure the
    exercise of Presidential duties and functions free from any hindrance or distraction, considering that
    being the Chief Executive of the Government is a job that, aside from requiring all of the office holder's time, also
    demands undivided attention.
    But this privilege of immunity from suit, pertains to the President by virtue of the office and may be
    invoked only by the holder of the office; not by any other person in the President's behalf. Thus, an
    accused in a criminal case in which the President is complainant cannot raise the presidential privilege
    as a defense to prevent the case from proceeding against such accused.
    Moreover, there is nothing in our laws that would prevent the President from waiving the privilege. Thus, if so
    minded the President may shed the protection afforded by the privilege and submit to the court's jurisdiction.
    The choice of whether to exercise the privilege or to waive it is solely the President's prerogative. It is a decision
    that cannot be assumed and imposed by any other person.

    PETITIONS DENIED.

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