President Rodrigo Duterte and Senator Leila de Lima. INQUIRER FILE PHOTOS
The petition to test the immunity of President Rodrigo Duterte will go straight to the waste basket, Justice Secretary Vitaliano Aguirre II said on Friday.
Senator Leila de Lima sought the Supreme Court’s help through a petition for habeas data to stop Duterte and his men from gathering information on her private life.
READ: De Lima files test case vs Duterte in SC
She urged the high court to order the destruction of the obtained pieces of personal information.
In her petition, she said the verbal attacks on her womanhood and threats are not covered by presidential immunity from suit.
She said Duterte’s discriminate remarks against her “constitute psychological violence prohibited by Republic Act 9710 or the Magna Carta of Women.” She added that the personal attacks against her also violated the Code of Conduct and Ethical Standards for Public Officials and Employees.
Immunity from suit is accorded a sitting President to ensure that he or she can exercise his duties and functions of running the country’s affairs free from any hindrance or distraction.
READ: De Lima files test case vs Duterte’s immunity from suit
While the 1987 Constitution has no provision on presidential immunity from suit, it can be found in various jurisprudence, both in the US and the Philippines, which by virtue of Article 8 of the Civil Code, “forms a part of the legal system of the Philippines.”
But Aguirre said “the petition will go straight to the waste basket. How could you stop the government authorities from investigating with no less than 10 individuals who said you are the protector of the drug trade.”
“Can you imagine the Supreme Court telling the police, the President and the Department of Justice to stop investigating a person with several cases already? I don’t think so,” Aguirre added.
Besides, Aguirre said presidential immunity from lawsuit is already an established doctrine and it is absolute. RAM/rga