G.R. NO.

183871
Rubrico vs. Arroyo
February 18, 2010

FACTS:
Rubrico, in her petition, said she was abducted on April 3, 2007 by armed men belonging to the 301st Air
Intelligence and Security Squadron, based at the Philippine Air Force Field Station at Fernando Air Base in
Lipa City, Batangas. During her detention, the petitioner added, her daughters Mary Joy Rubrico Carbonel and
Jean Rubrico Apruebo were harassed by Senior Insp. Arsenio Gomez and that there were also armed men
following them. The petitioners prayed that a writ of amparo be issued, ordering the individual respondents to
desist from performing any threatening act against the security of the petitioners and for the Office of the
Ombudsman (OMB) to immediately file an information for kidnapping qualified with the aggravating
circumstance of gender of the offended party. It also prayed for damages and for respondents to produce
documents submitted to any of them on the case of Lourdes.
The respondents then filed a joint return on the writ specifically denying the material inculpatory averments
against them. Respondents interposed the defense that the President may not be sued during her incumbency.
Petitioners pleaded back to be allowed to present evidence ex parte against the President, et al.
By a separate resolution, the CA dropped the President as respondent in the case .

ISSUE:
WHETHER OR NOT the [CA] committed reversible error in dismissing [their] Petition and dropping
President Gloria Macapagal Arroyo as party respondent.
HELD:
The presidential immunity from suit remains preserved under our system of government, albeit not expressly
reserved in the present constitution. Addressing a concern of his co-members in the 1986 Constitutional
Commission on the absence of an express provision on the matter, Fr. Joaquin Bernas, S.J. observed that it was
already understood in jurisprudence that the President may not be sued during his or her tenure.
Settled is the doctrine that the President, during his tenure of office or actual incumbency, may not be sued in
any civil or criminal case, and there is no need to provide for it in the Constitution or law. It will degrade the
dignity of the high office of the President, the Head of State, if he can be dragged into court litigations while
serving as such.
The Court also affirmed the dismissal of the amparo case against other respondents for failure of the petition
to allege ultimate facts as to make out a case against that body for the enforced disappearance of Lourdes and
the threats and harassment that followed.