Soliven v. Makasiar

MAXIMO SOLIVEN v. RAMON MAKASIAR (D)
G.R. No. 82585, November 14, 1988

FACTS:

• 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.
• President Cory Aquino filed a criminal complaint for libel against Beltran
• Petitioner Beltran argues that "the reasons which necessitate presidential immunity from suit impose a correlative disability to file suit." He contends that if criminal proceedings ensue by virtue of the President's filing of her complaint-affidavit, she may subsequently have to be a witness for the prosecution, bringing her under the trial court's jurisdiction. This would in an indirect way defeat her privilege of immunity from suit, as by testifying on the witness stand, she would be exposing herself to possible contempt of court or perjury.

ISSUES:

• Whether or not the President of the Philippines may initiate criminal proceedings against the petitioners 

HELD:

• Yes, the President of the Philippines may initiate criminal proceedings.
• 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.