CASE DIGEST

Beltran v. Makasiar
Constitutional Law

Date November 14, 1988

Petitioner Luis D. Beltran
Respondents Hon. Ramon P. Makasiar, Presiding Judge of Branch 35 of the RTC at Manila, et al.
Ponente Per Curiam
Relevant topic Immunity from Suit

FACTS:
 Pres. Cory Aquino filed a criminal complaint for libel against Luis D. Beltran. He 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.
 3 principal issues:
1. WON 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 SOJ and,
subsequently, the President
2. 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
3. WON the President, under the Constitution, may initiate criminal proceedings against petitioners
through the filing of a complaint-affidavit
 Subsequent events rendered the 1st issue moot and academic when the SOJ denied petitioners’ motion for
reconsideration. On appeal, the President affirmed the SOJ Decision.

ISSUE – HELD – RATIO:

ISSUES HELD
WON the President, under the Constitution, may initiate criminal proceedings YES
against petitioners through the filing of a complaint-affidavit

RATIO:
 The rationale from the grant to the President of the privilege of immunity from suit is to assure the exercise of
Presidential duties and functions free from hindrance or distraction. The job of being Chief Executive demands
undivided attention
- Such privilege pertains to the President by virtue of the office and may only be invoked by the holder of
the office (the President), not by any other person on the President’s behalf. Hence, in the present case,
Beltran cannot raise the privilege as defense to prevent the case from proceeding.
 There is nothing in our laws that prevent the President from waiving the privilege. The President may shed
said protection and submit to the court’s jurisdiction. The choice of whether to exercise or waive the privilege
is the President’s prerogative.

RULING:
WHEREFORE, finding no grave abuse of discretion amounting to excess or lack of jurisdiction on the part of the
public respondents, the Court resolved to DISMISS the petitions.

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