On August 29,the entire records of the case consisting of two hundred sixty one  pages were transmitted to the Provincial Prosecutor of Masbate.
It was then that he became notorious for mentioning in a column about the coup attempt that then President Corazon Aquino had been hiding under the bed during the coup. We cannot determine before hand how cursory or exhaustive the Judge's examination should be.
May a Judge without ascertaining the facts through his own personal determination and relying solely on the certification or recommendation of a prosecutor that a probable cause exists, issue a warrant of arrest.
In a Resolution dated July 17, in G. The cases at bar pose legal and not political questions. Gonzales, SCRA 1. To help you become good lawyers for your future clients c. However, there should be a report and necessary documents supporting the Fiscal's bare certification. The Court held that the issue is legal and not political.
To help you become lawyers Pass the bar b. Both were present when President Estrada left the Palace. As this Court had occasion to point out, the Office of the Ombudsman is different from the other investigatory and prosecutory agencies of the government because those subject to its jurisdiction are public officials who, through official pressure and influence, can quash, delay or dismiss investigations held against them.
The distinction must, therefore, be made clear: Aquino went so far as to show journalists that she could not fit under her bed. April 3, ] III. A motion to reconsider the Resolution filed by petitioners Vicente Lim, Sr.
The Prosecutor can perform the same functions as a commissioner for the taking of the evidence. Also, since our justice system does not use the jury system, the judge, who is a learned and legally enlightened individual, cannot be easily manipulated by mere publicity. It is enough to state that the documents required to be produced in this case are public records and those to whom the subpoena duces tecum is directed are government officials in whose possession or custody the documents are.
On March 17,at about 7: Valdez Tan Keh, 75 Phil. The Court made this clear in the case of Castillo v. Only the Judge and the Judge alone makes this determination.
Shirley refused and eventually convinced Anita to seal the package making it ready for shipment. Macapagal, 43 SCRA Basis for the immunity is only found in jurisprudence, both in the U. Whether or not the crime of murder can be complexed with assault upon agent of authority. In the case at bar, there is no claim that military or diplomatic secrets will be disclosed by the production of records pertaining to the personnel of the EIIB.
He also worked on other newspapers, including the Philippine Star. Lao Wan Sing, 46 SCRA ], the respondent Judge before issuing his own warrants of arrest should, at the very least, have gone over the records of the preliminary examination conducted earlier in the light of the evidence now presented by the concerned witnesses in view of the "political undertones" prevailing in the cases.
Government of the Phil. He could not possibly have known what transpired in Masbate as he had nothing but a certification.
This privilege is based upon public interest of such paramount importance as in and of itself transcending the individual interests of a private citizen, even though, as a consequence thereof, the plaintiff cannot enforce his legal rights.
Lim and Antonio T. Whether petitioners can be ordered to produce documents relating to personal services and salary vouchers of EIIB employees on the plea that such documents are classified without violating their equal protection of laws.
Even the Solicitor General recognized the significance of the recantations of some witnesses when he recommends a reinvestigation of the cases, to wit: Finally, it is contended that the issuance of the subpoena duces tecum would violate petitioners' right against self-incrimination.
Petitioners Vicente Lim, Sr. Soliven vs. ) stated that "(c)omplete imposed by any other person. every man is a sovereign. It is a decision that cannot be assumed and decision in.
Remember the case of President Aquino sued Luis Beltran, et. al. for libel. Part of the defense of Beltran is presidential immunity also carries with it the disability to file suit.
In disposing of this argument, the Supreme Court said in that same case of Soliven vs. Makasiar said. • Romulo L. Neri v. Senate Committee on Accountability of Public Officers and Investigations, Senate Committee on Trade and Commerce, and Senate Committee on.
I'm just a girl, a dreamer who uses her pen and pencil to visualize her dreams, her fantasies and how she sees the world. I create a fake imaginary realm of my own. Feb 07, · Paul G. Roberts, et al. v. Court of Appeals, et al., G.R.
No.March 5, The teachings then of Soliven, Inting, Lim, Allado, and Webb reject the proposition that the investigating prosecutor’s certification in an information or his resolution which is.
Posts about People vs Marti Case Digest written by maechmedina.Soliven beltran v makasiar