SENATOR Leila de Lima has filed a petition with the Supreme Court (SC) seeking to stop President Rodrigo Duterte from "attacking, threatening, and violating her rights as woman."
Together with her women supporters wearing black shirts with print #LabanLeila, the senator on Monday filed a petition for writ of habeas data against the President and his "agents" to stop them from committing unlawful acts that violate her right to "privacy, liberty and security."
In a petition, de Lima said Duterte's attacks and threats against her violate the Republic Act 9710, or the Magna Carta for Women.
De Lima cited in the petition the verbal attacks made by Duterte during his previous press conferences, accusing her of having an affair with her former driver, Ronnie Dayan and likening her to an "x-rated artist" due to her alleged sex videos.
Aside from the woman's act, Dean Jose Manuel Diokno, De Lima's legal counsel, said the personal attacks of the President "blatantly violate" RA 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The said act provides that public officials shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy and public interest.
Diokno added that Duterte's utterances – which constitute slut shaming, sexual harassment and psychological violence against petitioner – are in clear violation of oath of office.
'Not covered by immunity'
Diokno, in a press conference after the filing, said the verbal attacks of Duterte against de Lima are not covered by his immunity from suit, as it has nothing to do with his duties and responsibilities as President.
"The rationale [for Presidential immunity] does not apply here because his personal attacks against the petitioners are not part of his duties and functions as the President; the attacks are blatantly unlawful; and the suit for habeas data does not involve a determination of administrative, civil or criminal liability."
De Lima's legal counsel said this is a groundbreaking case as it is the first time that a petitioner has challenged the immunity of the President.
"This is a ground breaking case. This is unique because it is the first time that a case is filed directly against a sitting President," Diokno said.
According to Dikno, the main question they will have to argue about is if the sitting President can use his office to wage a personal vendetta against another official in violation of her privacy, liberty and security.
The lawyer said they hope that the Supreme Court will rule in favor of de Lima and order the President to stop from putting her name in shame and threatening to destroy her.
'Against Duterte not the President'
De Lima said she is filing a case against Duterte for his acts that violated her womanhood and not with the President.
"Ang sinasampahan ko ng kaso ay si Rodrigo Duterte, hindi ang pangulo ng ating bansa. Nagkataon lang na isa sa maskarang sinusuot ni Duterte at ang maskarang pagkapangulo ng ating bansa," she said.
De Lima said Duterte is not just violating her rights but killing her every time he and his minions utter curse words against her.
"He was killing me. Not even figuratively, but literally," she said.
"He had imposed his own brand of death penalty by bullying, through the misuse, abuse and exploitation of the power of the Office of the President and the might of the executive branch, with the complicity of certain members of the congress and professional trolls and bullies," de Lima added.
According to the Senator, she continuously receives hate messages and death threats in her social media accounts and cellphone after the President linked her to illegal drug trade.
She also claimed that Duterte's agents listen to her phone calls.
"Pati mga private conversations ko pinapakinggan nila, ganyan sila kasama, ganyan sila kabastos," de Lima added. (Sunnex)
