A DAY after Senator Leila de Lima filed a writ of habeas data against President Rodrigo Duterte, the Supreme Court (SC) has directed the petitioner as well as the Office of the Solicitor General (OSG) to comment on the issue of presidential immunity.
In an en banc session on Tuesday, the High Court ordered Solicitor General Jose Calida and petitioner De Lima to file their respective memorandums seeking their position with regard to the supposed immunity of a President from suit.
"Without necessarily giving due course to the petition, the petitioner and the Office of the Solicitor General are directed to submit their respective Memorandum on the issue of whether the President of the Republic of the Philippines, as the sole respondent in this case, is immune from suit including this one, within a non-extendible period of ten (10) days from notice," the SC said.
The court noted that the issue of presidential immunity is a prejudicial question that must first be clarified before the SC can rule on De Lima's petition.
"The issue of immunity of the President from suit is a prejudicial question to be first resolved before the Court decides whether to require him to comment or not pursuant to the Rule on the Writ of Habeas Data," it said.
On Monday morning, de Lima filed before the SC a petition for habeas data seeking to stop the President and his agents from committing unlawful acts that violate her right to "privacy, liberty and security."
De Lima believes that the attacks against her are not covered by the President's immunity from suit, as it has nothing to do with his duties and responsibilities as the Chief Executive. (Sunnex)
