De Lima to file ‘test’ case vs Duterte’s immunity from suit

Senator Leila de Lima said she would file charges against President Rodrigo Duterte at the Supreme Court, which would test presidential immunity from suit.

De Lima said among the cases that she would file against the President are petition for the writ of Amparo and petition for the writ of habeas data at the Supreme Court.

“Si Pangulong Duterte po kakasuhan ko din po (I will also file a case against President Duterte),” she told reporters in an interview at the Senate on Tuesday.

“I’m going to file a test case na may mga pagkakataon po na hindi pwedeng i-invoke ang (where there would be no opportunity to invoke the) presidential immunity from suit,” she said.

READ: De Lima, Sebastian, Dayan, 4 others face drug raps

De Lima said this is the first time that the doctrine of presidential immunity from suit would be tested, citing the “blatant abuse” allegedly committed by the President.

“I don’t think na yung nakaisip ng doktrina na yan (whoever thought of that doctrine) could have ever comprehended a situation like this where there is blatant abuse of power,” she said.

De Lima has been accused by Duterte of alleged involvement in the illegal drug trade at the New Bilibid Prison, which she vehemently denied.

Aside from the petitions for writ of Amparo and habeas data, the senator said she was preparing other charges against the President but she refused to disclose them yet.

“Baka paghandaan po ako ng mga iyan lalo na’t napaka-lopsided po ng laban. Ako lang po ang nandito and then sila yung mga kalaban so meron kaming mga iniisip and in those cases na i-implead ko mismo ang Pangulo, we will be testing the doctrine of presidential immunity from suit,” she said.

(They might prepare for me especially since the fight is lopsided. I am the only one here and I am fighting against them, so we are thinking, and in those cases impleading the President, we will be testing the doctrine of presidential immunity.)

De Lima said she would also file cases at the Office of the Ombudsman such as violation of anti-graft, violation of conduct of public officials, disbarment, civil actions for damages, among others. She did not say, however, who would be the respondents in the said charges.

“It would require massive legal work. Ang nakakabaala lang at ang nakaka-constrain lang ay yung aking time, alangan naman pabayaan ko na itong trabaho ko dito sa Senado, tsaka resources, wala naman po akong pera para sa legal defense ko,” she added.

(It would require massive legal work. What’s bothering me is the time constraint, I can’t just leave my work at the Senate, and resources, I don’t have the money for my legal defense.) CDG/rga

READ: De Lima: Stop unwarranted intrusion into my privacy!