MANILA, Philippines — Adhering to the long-standing principle of the incumbent president’s immunity from suit, the Supreme Court dismissed the habeas data petition filed by detained Senator Leila De Lima against President Rodrigo Duterte.
In a 56-page decision made public Thursday, the Supreme Court, through now-retired Chief Justice Lucas Bersamin said the Constitution already provides remedies for violations committed by a sitting President, except an ordinary suit before the courts.“It will be impossible for the Court to enable her cause of action to be established without first determining whether or not said laws, which carry penal sanctions, had been violated,” the SC ruled.
“Any ruling on her petition will necessarily entail a judgment on whether or not the President violated said laws…The Chief Executive must first be allowed to end his tenure 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,” the high court further said.
T2TupasINQ It's textbook Decision that stems from a legal doctrine by which the sitting President cannot commit a legal wrong in his exercise of the power to do whatever is necessary to preserve, protect and defend the Constitution thus prevents the filing of harrassment suits against him.
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