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SC junks petition to compel disclosure of Duterte’s health records

/ 03:51 PM May 08, 2020

MANILA, Philippines – The Supreme Court has dismissed the petition calling for the disclosure of President Rodrigo Duterte’s health records.

High Court Spokesperson and Public Information Chief Atty. Brian Keith Hosaka confirmed the dismissal of the petition filed by Atty. Dino S. De Leon.

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De Leon went to the Supreme Court after his Freedom of Information (FOI) Request for access to the President’s health records, has been denied. A mandamus is a judicial remedy compelling any government office, subordinate court, corporation or public authority to perform a ministerial act which it neglected to do so.

READ: SC asked to compel disclosure of Duterte’s medical condition

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“I confirm the denial of the petition, but I have not seen the actual resolution of the Court yet,” Hosaka told reporters.

But a source said 13 justices voted in favor of dismissing the petition while two justices dissented–Associate Justices Marvic Leonen and Alfredo Benjamin Caguioa.

The same source said the resolution was written by Associate Justice Henri Jean Paul B. Inting.

Those who concurred in the resolution, the source said, were Chief Justice Diosdado M. Peralta, Senior Associate Justice Estela M. Perlas Bernabe, and Associate Justices Andres B. Reyes Jr. (who is compulsory retiring on May 11),  Alexander.r G. Gesmundo, Jose C. Reyes Jr., Ramon Paul L. Hernando, Rosmari D. Carandang, Amy C. Lazaro Javier, Rodil V. Zalameda, Mario V. Lopez, Edgardo L. Delos Angeles, and Samuel H. Gaerlan.

De Leon, in his petition, mentioned some concerns that prompted him to seek the disclosure of the President’s health condition such as being absent in important events and failure to respond to questions “intelligibly” during press conferences.

He added that the President himself has publicly disclosed that he is suffering from Buerger’s Disease, Barret’s Esophagus, Gastroesophageal Reflux Disease, Spinal Issues, daily migraines, and Mayastenia gravis.

De Leon the crisis the country is facing today due to the COVID 19 pandemic showed the need for a “strong and physically fit leader” to guide the country through today’s “toughest test.”

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The petition was dismissed without giving respondents President Duterte himself and the Office of the President through Executive Secretary Salvador Medialdea the chance to respond.

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TAGS: Health, mandamus, President Rodrigo Duterte, Supreme Court
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