Senator Leila De Lima on Monday filed a test case with the Supreme Court to test the immunity from suit of President Rodrigo Duterte.
Immunity from suit is accorded a sitting President to ensure that he or she can exercise his duties and functions of running the country鈥檚 affairs free from any hindrance or distraction.
While the 1987 Constitution has no provision on presidential immunity from suit, it can be found in various jurisprudence, both in the US and the Philippines, which, by virtue of Article 8 of the Civil Code, 鈥渇orms a part of the legal system of the Philippines.鈥�
But De Lima said there are acts that are not covered by such immunity.
鈥淭he verbal attacks on petitioner鈥檚 womanhood and threats on her person are not covered by presidential immunity from suit because they are not the official act of a President,鈥� De Lima said in her 20-page petition for habeas data.
Duterte, on several occasions, mentioned De Lima鈥檚 alleged illicit relations with her former driver Ronnie Dayan and her 鈥減ropensity for sex.鈥�
De Lima said Duterte鈥檚 acts 鈥渃onstitute unlawful, unofficial conduct that have nothing to do with the President鈥檚 duties and responsibilities.鈥�
She said that attacks against her are already 鈥渙utside the realm of legitimate public concern.鈥�
READ: De Lima to file 鈥榯est鈥� case vs Duterte鈥檚 immunity from suit
She said Duterte鈥檚 discriminate remarks against her 鈥渃onstitute psychological violence prohibited by Republic Act 9710 or the Magna Carta of Women.鈥� She added that the personal attacks against her also violated the Code of Conduct and Ethical Standards for Public Officials and Employees.
Aside from her petition, she also submitted to the Supreme Court a compact disc containing video and audio recordings of Duterte鈥檚 personal and verbal attacks against her.
READ: Palace belittles De Lima鈥檚 鈥榯est case鈥� vs Duterte
Also attached was an assessment report made by Dr. Sylvia Estrada Claudio, a psychologist specializing in women鈥檚 concerns on the psychological effect of Duterte鈥檚 utterances.
In her petition, she asked the high court to stop Duterte and his men from gathering personal information about her private life.
She added in her petition that the 鈥渋llegally-obtained pieces of private information should be deleted, destroyed or rectified.鈥�
鈥淲e hope the Supreme Court will listen to the plea of Senator de Lima and give consideration to this petition because we believe it is of groundbreaking importance,鈥� he added. RAM/rga
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