SOLIVEN vs MAKASIAR

Presidential immunity from suit does NOT impose a correlative disability to

file suit. The privilege may also be waived by the President if so minded.

Facts.
Three cases were consolidated. A libel case was filed against petitioner Beltran
in which Pres. Aquino herself was the complainant. In his defense, Beltran
contended, among others, that the reason which necessitate presidential
immunity from suit impose a correlative disability to file suit for if criminal
proceedings would ensue, the President may have to be brought under the trial
court’s jurisdiction.

Issue.
Does the presidential immunity from suit impose a correlative disability to file
suit?

Held.
No. 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 of distraction considering that being the Chief Executive is a
job that demands undivided attention. But this privilege of immunity from
suit pertains to the President by virtue of the office; and it 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 the 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 and submit to the court’s jurisdiction if so minded.