Minority solons back De Lima in case vs Duterte’s immunity

FIGHTING BACK Sen. Leila de Lima, the subject of harsh criticisms from President Duterte for questioning extrajudicial killings in his antidrug campaign,files a petition for habeas data in the Supreme Court to challenge his immunity from suit.—MARIANNE BERMUDEZ

Lawmakers from the “legitimate” minority bloc in the House of Representatives backed Senator Leila de Lima’s move to file a petition questioning the immunity from lawsuit of President Rodrigo Duterte.

In a press briefing by the seven-member bloc aptly called the “Magnificent Seven” on Tuesday, Albay Rep. Edcel Lagman welcomed De Lima’s move for the Supreme Court to clarify the bounds in the constitutional principle of the President’s immunity from suit.

Lagman said De Lima’s move was understandable given President Duterte’s tirades against De Lima over allegations she raised campaign funds from drugs.

“It would be difficult to get the most probable favorable decision from the court. But sinasabi nila, suntok sa buwan, minsan inaabot ang buwan,” Lagman said.

Lagman said De Lima’s petition would clarify if the President’s immunity extends to his actions and behavior that are outside his duties his President.

“Immunity from suit does not mean immunity from indiscretion. It would be good for the Supreme Court to make some fine distinctions,” Lagman said.

Northern Samar Rep. Raul Daza called De Lima’s petition noble that seeks to clarify the definition of  presidential immunity.

“This is something new, noble, unprecedented, a principal test of presidential immunity,” Daza said.

Akbayan Rep. Tom Villarin expressed support for De Lima amid the President’s tirades against the senator’s womanhood and personality.

“With this petition we are hoping that the Supreme Court can act on it. We hope that that the court can define this limit, and through this petition we could say that there could be checks and balances in the presidency,” Villarin said.

De Lima on Monday filed the test case against Duterte, with whom she had crossed swords since she as a human rights commission chief led an investigation into the involvement of Duterte in the Davao Death Squad when the latter was Davao City mayor.

READ: De Lima files test case vs Duterte’s immunity from suit 

De Lima cited the attacks on her womanhood by Duterte which were outside his acts as President.

Duterte has called De Lima an “immoral woman” for allegedly having a relationship with her former driver, whom he also accused of being De Lima’s bagman in the drug trade at the New Bilibid Prison.

READ: Duterte blasts female senator: She’s ‘immoral’, an ‘adulterer’

In her 20-page petition for habeas data, De Lima said, “The verbal attacks on petitioner’s womanhood and threats on her person are not covered by presidential immunity from suit because they are not the official act of a President.”

Habeas data is a constitutional remedy that may be sought to protect the image, privacy and freedom of information of a person. It can also be used to find out what information is being held about a citizen.

De Lima said Duterte’s discriminate remarks against her constitute psychological violence prohibited by Republic Act 9710 or the Magna Carta of Women.

She also said Duterte’s personal attacks against her violated the Code of Conduct and Ethical Standards for Public Officials and Employees.

Presidential spokesperson Ernesto Abella has said De Lima was using her gender as a shield to protect herself from accusations of drug activities.

“By portraying herself as a victim she seeks to distance herself from the intimate relationships which were also intertwined with drug trafficking while she was Department of Justice Secretary,” Abella said in a statement.

READ: Palace: De Lima using gender as shield vs drug link accusations

The House of Representatives justice committee, which held marathon hearings on the Bilibid drug trade, found De Lima responsible for the proliferation of the drug trade at the national penitentiary allegedly to raise campaign funds for her senatorial candidacy. But it fell short in recommending criminal and administrative charges against De Lima. JE/rga

READ: House justice body: Bilibid drugs flourished under De Lima’s watch 

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