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But this privilege of immunity from suit, pertains to the President by virtue
Subsequent events have rendered the first issue moot and academic. On
of the office and may be invoked only by the holder of the office; not by any
March 30, 1988, the Secretary of Justice denied petitioners' motion for
other person in the President's behalf. Thus, an accused in a criminal case
reconsideration and upheld the resolution of the Undersecretary of Justice
in which the President is complainant cannot raise the presidential
sustaining the City Fiscal's finding of a prima facie case against petitioners.
privilege as a defense to prevent the case from proceeding against such
A second motion for reconsideration filed by petitioner Beltran was denied
accused.
by the Secretary of Justice on April 7, 1988. On appeal, the President,
through the Executive Secretary, affirmed the resolution of the Secretary
of Justice on May 2, 1988. The motion for reconsideration was denied by Moreover, there is nothing in our laws that would prevent the President
the Executive Secretary on May 16, 1988. With these developments, from waiving the privilege. Thus, if so minded the President may shed the
petitioners' contention that they have been denied the administrative protection afforded by the privilege and submit to the court's jurisdiction.
remedies available under the law has lost factual support. 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.
It may also be added that with respect to petitioner Beltran, the allegation
of denial of due process of law in the preliminary investigation is negated
by the fact that instead of submitting his counter- affidavits, he filed a As regards the contention of petitioner Beltran that he could not be held
"Motion to Declare Proceedings Closed," in effect waiving his right to refute liable for libel because of the privileged character or the publication, the
the complaint by filing counter-affidavits. Due process of law does not Court reiterates that it is not a trier of facts and that such a defense is best
require that the respondent in a criminal case actually file his counter- left to the trial court to appreciate after receiving the evidence of the
affidavits before the preliminary investigation is deemed completed. All parties.
that is required is that the respondent be given the opportunity to submit
counter-affidavits if he is so minded.
As to petitioner Beltran's claim that to allow the libel case to proceed would
produce a "chilling effect" on press freedom, the Court finds no basis at this
The second issue, raised by petitioner Beltran, calls for an interpretation of stage to rule on the point.
the constitutional provision on the issuance of warrants of arrest. The
pertinent provision reads:
The petitions fail to establish that public respondents, through their attacks by those who desire to create sensation. It would seem that what
separate acts, gravely abused their discretion as to amount to lack of would ordinarily be slander if directed at the typical person should be
jurisdiction. Hence, the writs of certiorari and prohibition prayed for examined from various perspectives if directed at a high government
cannot issue. official. Again, the Supreme Court should draw this fine line instead of
leaving it to lower tribunals.
WHEREFORE, finding no grave abuse of discretion amounting to excess or
lack of jurisdiction on the part of the public respondents, the Court This Court has stressed as authoritative doctrine in Elizalde v.
Resolved to DISMISS the petitions in G. R. Nos. 82585, 82827 and 83979. Gutierrez (76 SCRA 448 [1977]) that a prosecution for libel lacks
The Order to maintain the status quo contained in the Resolution of the justification if the offending words find sanctuary within the shelter of the
Court en banc dated April 7, 1988 and reiterated in the Resolution dated free press guaranty. In other words, a prosecution for libel should not be
April 26, 1988 is LIFTED. allowed to continue, where after discounting the possibility that the words
may not be really that libelous, there is likely to be a chilling effect, a
patently inhibiting factor on the willingness of newspapermen, especially
Fernan, C.J., Narvasa, Melencio-Herrera, Cruz, Paras, Feliciano, Gancayco,
editors and publishers to courageously perform their critical role in
Padilla, Bidin, Sarmiento, Cortes, Griño-Aquino Medialdea and Regalado, JJ.,
society. If, instead of merely reading more carefully what a columnist
concur.
writes in his daily column, the editors tell their people to lay off certain
issues or certain officials, the effect on a free press would be highly
Separate Opinions injurious.
GUTIERREZ, JR., J., concurring: Because many questions regarding press freedom are left unanswered by
our resolution, I must call attention to our decisions which caution that "no
inroads on press freedom should be allowed in the guise of punitive action
I concur with the majority opinion insofar as it involves the three principal
visited on what otherwise should be characterized as libel." (Lopez v. Court
issues mentioned in its opening statement. However, as to the more
of Appeals, 34 SCRA 117 [1970]; See also the citations in Elizalde v.
important issue on whether or not the prosecution of the libel case would
Gutierrez, supra).
produce a "chilling effect" on press freedom, I beg to reserve my vote. I
believe this is the more important issue in these petitions and it should be
resolved now rather that later. The United States Supreme Court is even more emphatic, to wit:
Consistent with our decision in Salonga v. Cruz Pano (134 SCRA 438 In deciding the question now, we are compelled by
[1985]), the Court should not hesitate to quash a criminal prosecution in neither precedent nor policy to give any more weight
the interest of more enlightened and substantial justice where it is not to the epithet "libel" than we have to other "mere
alone the criminal liability of an accused in a seemingly minor libel case labels" of state law. N. A. A. C. P. v. Button, 371 US 415,
which is involved but broader considerations of governmental power 429, 9L ed 2d 405, 415, 83 S Ct 328. Like insurrection,
versus a preferred freedom. contempt, advocacy of unlawful acts, breach of the
peace, obscenity, solicitation of legal business, and
the other various other formulae for the repression of
We have in these four petitions the unusual situation where the highest
expression that have been challenged in this Court,
official of the Republic and one who enjoys unprecedented public support
libel can claim no talismanic immunity from
asks for the prosecution of a newspaper columnist, the publisher and
constitutional limitations. It must be measured by
chairman of the editorial board, the managing editor and the business
standards that satisfy the First Amendment.
manager in a not too indubitable a case for alleged libel.
The Court has decided to defer the "chilling effect" issue for a later day. To
this, I take exception. I know that most of our fiscals and judges are
courageous individuals who would not allow any considerations of
possible consequences to their careers to stand in the way of public duty.
But why should we subject them to this problem? And why should we allow
the possibility of the trial court treating and deciding the case as one for
ordinary libel without bothering to fully explore the more important areas
of concern, the extremely difficult issues involving government power and
freedom of expression.
However, since we have decided to defer the "chilling effect" issue for a
later day, I limit myself to reiterating the dissenting words of Mr. Justice
Jackson in the American case of Beaurnhais v. Illinois (343 U. S. 250) when
he said:
In the trial of the libel case against the petitioners, the safeguards in the
name of freedom of expression should be faithfully applied.