The Supreme Court has dismissed the petition for a Writ of Habeas Data filed in 2016 against President Duterte by the now detained Sen. Leila de Lima who, in effect, challenged the President’s immunity from suit during his six-year term in office.
A Writ of Habeas Data “is a legal remedy available to any person whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting, or storing of data or information.”
In a resolution written by the now retired Chief Justice Lucas P. Bersamin, the SC ruled to dismiss the petition “on the ground that respondent Rodrigo Roa Duterte, as the incumbent President, is immune from suit during his incumbency.”
The resolution was promulgated last Oct. 15, 2019. A copy was made public by the SC Public Information Office only yesterday.
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 (De Lima) is well aware of this, and she cannot sincerely claim that she is bereft of any remedy.”
In her 2016 petition, De Lima wanted the SC to stop the President’s “crude personal attacks” against her and the “wrongful collection and publication” of her alleged private affairs and activities “that are outside of the realm of legitimate public concern.”
She said the President’s remarks against her “constitute psychological violence prohibited by Republic Act No. 9710 or the Magna Carta of Women” and a violation of the Code of Conduct and Ethical Standards for Public Officials and Employees.
The President has tagged De Lima responsible for the proliferation of illegal drugs trade at the New Bilibid Prisons in Muntinlupa City during her term as Justice Secretary, and benefitted out of it. She was also accused of having an illicit affair with her driver-bodyguard Ronnie Dayan. (Rey Panaligan)
