Case Digest: Soliven vs. Makasiar, No. L-82585, November 14, 1988

 Unreasonable Search and Seizures | Constitutional Law


Facts:

Luis Beltran and Maximo Soliven of Philippine Star were sued for libel by then President Corazon Aquino over an article that alleged she "hid under the bed" during a coup attempt. Judge Ramon Makasiar issued a warrant of arrest against them.

The addition of the word "personally" after the word "determined" and the deletion of the grant of authority by the 1973 Constitution to issue warrants to "other responsible officers as may be authorized by law," has apparently convinced petitioner Beltran that the Constitution now requires the judge to personally examine the complainant and his witnesses in his determination of probable cause for the issuance of warrants of arrest. 


Issue:

WoN 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.


Held:  

Dimissed.

Based on Circular No. 12, to satisfy the existence of probable cause for issuance of a warrant of arrest, the judge may rely on the report of the fiscal, and need not personally examine the complainant and the latter's witnesses.

What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. In satisfying himself of the existence of probable cause for the issuance of a warrant of arrest, the judge is not required to personally examine the complainant and his witnesses. Following established doctrine and procedure, he shall: (1) personally evaluate the report and the supporting documents submitted by the fiscal regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest; or (2) if on the basis thereof he finds no probable cause, he may disregard the fiscal's report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause.

Sound policy dictates this procedure, otherwise judges would be unduly laden with the preliminary examination and investigation of criminal complaints instead of concentrating on hearing and deciding cases filed before their courts.

On June 30, 1987, the Supreme Court unanimously adopted Circular No. 12, setting down guidelines for the issuance of warrants of arrest. The procedure therein provided is reiterated and clarified in this resolution.


Recit Version

Facts:

Luis Beltran and Maximo Soliven of Philippine Star were sued for libel by then President Corazon Aquino. Judge Ramon Makasiar issued a warrant of arrest against them.

The petitioner Beltran believes that the addition of the word "personally" and the deletion of the grant of authority to issue warrants to "other responsible officers" in the 1973 Constitution means that judges are now required to personally examine complainants and witnesses when determining probable cause for the issuance of warrants of arrest.

Issue:

WoN 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.

Held:  Dimissed.

The judge is not required to personally examine the complainant and the latter's witnesses, but may rely on the report of the fiscal and supporting documents submitted. The judge may also require the submission of supporting affidavits of witnesses to aid in arriving at a conclusion as to the existence of probable cause. The purpose of this procedure is to prevent judges from being unduly burdened with the preliminary examination and investigation of criminal complaints. Circular No. 12 establishes the exclusive and personal responsibility of the issuing judge to determine the existence of probable cause for the issuance of a warrant of arrest.

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