THE Supreme Court yesterday directed Senator Leila de Lima and the Office of the Solicitor General (OSG) to expound on the issue of presidential immunity from suit in connection with the petition filed by the lawmaker seeking the issuance of a writ of habeas data against President Duterte.
At a press briefing, SC spokesman Theodore Te said the order was issued by the High Tribunal during its regular en banc session yesterday.
De Lima and the OSG were given 10 days to submit their respective memoranda.
“Without necessarily giving due course to the petition, the petitioner and the Office of the Solicitor General are directed to submit their respective memorandum on the issue of whether the president of the Republic of the Philippines as the sole respondent in this case, is immune from suit including this one, within a non-extendible period of 10 days from notice,” the SC said in a resolution.
The Court noted that the issue of immunity of the President from suit “is a prejudicial question” that should be resolved first before the Court decides whether to compel Duterte to comment or not on De Lima’s petition.