SC dismisses de Lima’s petition for writ habeas data vs Duterte

January 22, 2020

The Supreme Court has dismissed the petition for writ of habeas data filed in 2016 by opposition Senator Leila de Lima against President Rodrigo Duterte on ground that he is immune from suit during his six-year incumbency in office.

''The Court dismisses the petition for the writ of habeas data on the ground that respondent President Rodrigo Roa Duterte as the incumbent President of the Philippines is immune from suit during his incumbency,” stated the SC en banc resolution penned by now retired Chief Justice Lucas Bersamin.

The resolution was promulgated last October 15, 2019, but a copy was made public by the SC Public Information Office only on Wednesday.

“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,” the SC ruled.

“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 said.

In her 2016 petition, De Lima sought for a writ of habeas data to compel Duterte to stop him from making “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 Duterte'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.

In his public statements, Duterte  implicated De Lima to the proliferation of illegal drugs trade at the New Bilibid Prisons when she was justice secretary.  De Lima was also accused of having an affair with her driver-bodyguard.

In 2017, De Lima was arrested and detained on three criminal charges involving illegal drugs trade in the NBP in Muntinlupa City. The criminal cases are still pending before three branches of the Muntinlupa City regional trial court (RTC). DMS