Back

Miriam Defensor Santiago vs. Conrado M. Vasquez [CONCURRING OPINION, MELENCIO-HERRERA, J.]

MIRIAM DEFENSOR SANTIAGO, petitioner, vs. CONRADO M. VASQUEZ, Ombudsman; GUALBERTO J. DE LA LLANA, Special Prosecutor; SANDIGANBAYAN and REGIONAL TRIAL COURT OF MANILA, respondents.

G.R. Nos. 99289-90 | 1992-01-13

Separate Opinions

MELENCIO-HERRERA, J., concurring:

The long-standing doctrine is, indeed, that Writs of Injunction or Prohibition do not lie to restrain a criminal prosecution in view of the public interest involved. In fact, petitioner concedes this point but seeks an exception in her case.

I just wish to emphasize that the dismissal of this Petition in no way reflects on the criminal liability of petitioner. Its immediate effect is only that the cases against her may now proceed but without prejudice to procedural remedies that are open to her, like a Motion to Quash, and the defenses that she may raise, among them being, in at least two...