For Your Data Beltran Vs Macaraig Et Al, G.R. No. 83979 Illustration Brief Summary
February 01, 2019
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Beltran vs Macaraig et al, G.R. No. 83979 representative brief summary
November 14, 1988
Facts: Beltran is amid the petitioners inwards this case. He together amongst others was charged for libel past times the president. Cory herself filed a complaint- affidavit against him in addition to others. In these consolidated cases, iii top dog issues were raised
Issues:
(1) whether or non petitioners were denied due procedure when informations for libel were filed against them although the finding of the beingness of a prima facie case was even in addition to thence nether review past times the Secretary of Justice and, subsequently, past times the President;
(2) whether or non the constitutional rights of Beltran were violated when respondent RTC estimate issued a warrant for his arrest without personally examining the complainant in addition to the witnesses, if any, to decide belike cause;
(3) whether or non the President of the Philippines, nether the Constitution, may initiate criminal proceedings against the petitioners through the filing of a complaint-affidavit.
Rulings:
(Issue 1) Subsequent events rendered kickoff number equally moot. The Secretary of Justice denied the motion for reconsideration in addition to on appeal to the President through Executive Secretary, the sentence of the Secretary of Justice was upheld.
(Issue 2) The Supreme Court ruled that at that topographic point was no such grave abuse of discretion. In satisfying himself of the beingness of belike motion for the issuance of a warrant of arrest, the estimate is non required to personally show the complainant in addition to his witnesses. He but postulate to personally satisfy himself that at that topographic point is belike cause.
(Issue 3) The Supreme Court ruled that the privilege of immunity from accommodate may hold upward invoked only past times the President non past times whatever other mortal inwards the President’s behalf. Thus, an defendant similar Beltran et al, inwards a criminal representative inwards which the President is complainant cannot heighten the presidential privilege equally a defense forcefulness to foreclose the representative from proceeding against such accused. Moreover, the alternative of whether to practice the privilege or to waive it is only the President’s prerogative.
As such, petition is dismissed.