MANILA, Philippines — Malacañang on Tuesday expressed confidence that the petition asking the Supreme Court to compel President Rodrigo Duterte to disclose his health records will be dismissed.
According to presidential spokesperson Harry Roque, the President does not have a serious illness.
“Ang aking fearless prediction, madi-dismiss po ‘yan (My fearless forecast is that that will be dismissed) but we welcome the opportunity of this petition at least to build jurisprudence, to make jurisprudence and to define specifically the obligations of the president in case of an illness,” Roque said in a virtual briefing.
While the President should inform the public of the state of his health under the Constitution, Roque, a lawyer, repeated the pronouncements of ex-presidential spokesman Salvador Panelo that Duterte merely has the illnesses of any normal 75-year-old.
“Now, ang President nag-desisyon na kung meron man siyang karamdaman, ito’y karamdaman ng lahat ng 75-year-old. Kaya ang tingin niya, hindi po ito serious illness at hindi kailangan i-report sa taumbayan,” Roque said.
(Now, the President has decided that if he has any illness, it is the same illness of all 75-year-olds. That’s why he thinks it is not a serious illness and therefore, should not be reported to the people.)
Roque also stressed that the President is immune from any suit and that it is a regional trial court, not the Supreme Court, which decides whether or not he has a serious illness.
“Number one, si Presidente po ay absolutely immune from all suits,” Roque said.
(Number one, the President is absolutely immune from all suits.)
“The Constitution says it is only when the President has serious illness will he have the obligation to report to the people,” he also said. “Sino ba ang magde-determine kung serious o hindi ang sakit ng Presidente? Hindi po kaya gawin ‘yan ng Supreme Court. Kinakailangan po regional trial court ang mag-desisyon dyan.”
(Who will determine whether the President’s illness is serious or not? The Supreme Court cannot do that. It is a regional trial court that can decide on that.)
On April 13, lawyer Dino De Leon filed a direct petition asking the Supreme Court to obligate Duterte to release his medical records as well as psychological or psychiatric examination results since he assumed office.
This as all courts nationwide remain physically closed until April 30, following the extension of the Luzon-wide enhanced community quarantine due to the COVID-19 pandemic.
Panelo, who is Duterte’s chief legal counsel, has downplayed the petition saying it has no legal basis and merely a “product of boredom” due to the Luzon-wide enhanced community quarantine.