The Supreme Court has ruled that immunity from civil or criminal case of an incumbent President does not extend to his alter egos.
With the ruling, the SC – in a decision written by Associate Justice Diosdado M. Peralta – dismissed the petition for review filed by former Presidential Commission on Good Government Chairman Camilo L. Sabio whose conviction for graft was affirmed.
Sabio was charged with violations of the Anti-Graft and Corrupt Practices Act before the Sandiganbayan in connection with the lease of 11 motor vehicles entered into by the PCGG with the United Coconut Planters Bank Leasing and Finance Corp. in 2007-2009 without bidding.
In 2017, the Sandiganbayan convicted Sabio of two counts of graft. He was sentenced to a jail term ranging from 12 to 20 years and was perpetually disqualified from holding public office.
Sabio elevated his conviction before the SC. Among other legal arguments, he claimed he was immune from suit as an alter ego of the President.
Quoting from the SC decision, the High Court Public Information Office in a statement said:
“Sabio cannot claim immunity from suit for being an alter ego of the President.
“It was the PCGG, through Sabio and his Commissioners, not the President, who entered into the subject lease agreements without the requisite public bidding.
“It will be ridiculous to hold that alter egos of the President are, likewise, immune from suit simply because their acts are considered acts of the President if not repudiated.
“In fact, the 1987 Constitution is replete with provisions on the constitutional principles of accountability and good governance that should guide a public servant.
“The rule is that unlawful acts of public officials are not acts of the State and the officer who acts illegally is not acting as such but stands in the same footing as any other trespasser.” (Rey Panaligan)
