MANILA – The Supreme Court (SC) junked Sen. Leila de Lima’s petition assailing President Rodrigo Duterte’s public statements as a threat to her rights to privacy, life, liberty, and security was dismissed by the Supreme Court.
The SC justices unanimously dismissed De Lima’s petition for the writ of habeas data since President Duterte is immune from suit during his term but agreed with the detained senator that there must be a remedy for every right violated.
“The decision does not deny her any available remedy,” the SC said. “Indeed, the Constitution provides remedies for violations committed by the Chief Executive except an ordinary suit before the courts.”
“The Chief Executive must first be allowed to end his tenure (not his term) either through resignation or removal by impeachment. Being a member of Congress, the petitioner is well aware of this and she cannot sincerely claim that she is bereft of any remedy,” it added.
Though De Lima, according to the court, claimed her petition does not seek to hold Duterte administratively, civilly, or criminally liable, the SC said it will be “impossible” to enable her cause of action to be established without first determining whether or not laws had been violated.
De Lima, in her petition, asked the SC to order the destruction of information that Duterte allegedly had on her private life and the disclosure of the foreign country that the president said “helped him listen in on” the senator.
De Lima also cited Duterte’s statement on August 11, 2016 that he was “listening” to De Lima “with the help of another country.” Days later, the president would accuse De Lima of leading “a very immoral life” by allegedly having an affair with her married driver.
De Lima also raised Duterte’s statements that supposedly “publicized her intimate and personal life… [and] accused her of involvement in the illegal drug trade,” and told her to “hang yourself.”
The government lawyers, meanwhile, argued that presidential immunity from suit is absolute and extends to petitions for the writs of amparo and habeas data./PN
