Monday, November 25, 2013

Soliven v Makasiar Nov 14, 1988 G.R. No. 82585

Per Curiam

(Topic on Warrant Issued by RTC)


Soliven broadcasted the statement that President Aquino hid under her bed during a coup d' etat. The President sued for libel. Soliven claimed that he can't be sued because the President was immune from suit.

Issue: WON Beltran's rights were violated when the RTC issued a warrant of arrest without personally examining the complainant and the witnesses to determine probable cause.

Held: No


In satisfying himself of the existence of probable cause to issue a warrant of arrest, the judge isn't required to examine the complainant and the witnesses.

He shall only personally evaluate the report and supporting documents submitted by the fiscal regarding the existence of probable cause and issue a warrant of arrest on the basis thereof.

Also, if he finds no probable cause, he may disregard the fiscal's report and required the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause.

Otherwise, judges would be burdened with preliminary investigation instead of hearing cases.

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