De Lima’s lawyer: Presidential immunity cannot shield 'unlawful acts'

MANILA, Philippines — One of the legal counsels of Sen. Leila De Lima on Monday explained that President Rodrigo Duterte cannot use his immunity as a shield from his unlawful acts.

Primary legal counsel of De Lima, Jose Manuel “Chel” Diokno, a human rights lawyer and the founding dean of the De La Salle College of Law, said Duterte cannot be protected by his presidential immunity as his conduct which constitutes sexual harassment, psychological violence, and slut-shaming against De Lima were not part of his official presidential duties and responsibilities.

“We expect that the government will say that President Duterte is immune from suit, that is probably the main defense that they will raise but in our view when the president acts in this manner that is no longer part of his official duties and responsibilities,” Diokno said.

“In our view, the doctrine of presidential immunity from suit cannot be used as a shield to block a case like this,” he added.

On Monday, De Lima filed a petition asking the Supreme Court to issue a writ of habeas data against Duterte over his harassment and threats against her.

Diokno admitted that De Lima’s petition is unique as it is directly against the president and involved his conduct. He said Duterte's acts, utterances and threats against De Lima is a blatant violation of the Magna Carta of Women, code of conduct of public officials and employees and the oath that the president took when he assumed his office.

The lawyer said that the president used sensitive issues to attack De Lima’s womanhood. Duterte has publicly said that the lady senator has a propensity for sex and vowed that De Lima will rot in jail.

Diokno argued that Duterte’s acts were not part of his official duties and responsibilities as chief executive. He also questioned whether the president could use the resources of his powerful office to wage a personal vendetta against De Lima.

He added that Duterte's utterances were mere hearsay and had no basis.

“Since Sen. De Lima’s right to privacy, life liberty and security has been violated and continued to be threatened by the president’s unlawful attacks on her womanhood and dignity as a person, we believe we have no other recourse but to go to the Supreme Court in a form of petition for a writ of habeas data,” Diokno said.

“If you listen closely to his statements, it was launched not because she is a senator but it stemmed from a long-held grudge on his part from the time she (De Lima) was a chair of Commission on Human Rights (CHR),” he said.

In 2009, De Lima then former chair of the CHR launched a probe against summary executions and the Davao Death Squad allegedly linked to Duterte. She also headed a Senate inquiry into the rising number of drug-related killings under the Duterte administration but was ousted as the Senate Committee on Justice and Human Rights chair.