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Mr. X
Legazpi City
Albay
Dear Mr. X,
The Presidential immunity from suit is not anathema but rather favors the
constitutional principle of public accountability due to legality held by judicial
decisions, the act of state doctrine, and that the only process to oust the
President is through impeachment.
Basis of Presidential Immunity
Presidential immunity was not specifically mentioned in the present
Constitution which is the 1987 Constitution and even in the 1935 Constitution. It
was however mentioned in the 1973 Constitution Article VII of Section 15. Article
VII of Section 151 states that:
“Sec. 15. The President shall be immune from a suit during his tenure.
Thereafter, no suit whatsoever shall lie for official acts done by him or by others
pursuant to his specific orders during his tenure. The immunities herein provided
shall apply to the incumbent President referred to in Article XVII of this
Constitution.”
“The rationale for the grant to the President of the privilege of immunity from suit
is to assure the exercise of Presidential duties and functions free from any
hindrance or distraction, considering that being the Chief Executive of the
Government is a job that, aside from requiring all of the office holder's time, also
demands undivided attention.
But this privilege of immunity from suit pertains to the President by virtue of the
office and may be invoked only by the holder of the office; not by any other
person in the President's behalf. Thus, an accused in a criminal case in which the
President is complainant cannot raise the presidential privilege as a defense to
prevent the case from proceeding against such accused.”
The President as the leader of the nation shall possess the ability to
perform his duties and responsibilities on a daily basis in running the country and
driving it towards economic growth and development. Any hindrance to his work
will only bring about complications in continuing socio-economic developmental
programs for the benefit of the society. Picture out a leader as a bus driver and
the passengers its people. Any detrimental factors that will stop the bus from
moving will only delay the process of development in reaching to its objective to
political, economic, and societal progress.
1
1973 Constitution of the Republic of the Philippines. Official Gazette.
2
G.R. No. 82585, November 14, 1988, The Lawphil Project.
3
G.R. No. 82827, November 14, 1988, The Lawphil Project.
4
G.R. No. 83979, November 14, 1988, The Lawphil Project.
Regardless of a particular work of the President may be deemed suable
by the public; this was addressed in the David et al. v. Arroyo et al.5 case in
which the President was being sued for numerous reasons such as usurpation of
legislative powers, violation of constitutional right of freedom of the press, and
unconstitutionality of Presidential Proclamation 1017. The case mentioned
presidential immunity as a defense in favor of President Arroyo in which it was
not necessary for the petitioners to implead her as respondent. The Supreme
Court ruled that:
The President, being the delegate, can still be questioned whether or not his acts
are contrary to the duties and responsibilities mandated to him. These acts that
are culpable violation of the Constitution are grounds for the removal of his office
– impeachment.
Impeachment
Lastly, presidential immunity is not anathema to public accountability since
the only process to remove the President from office is through the process of
impeachment due to culpable violation of the Constitution.
The principle of public accountability and the officers who can be
impeached are found under the following provisions in Article XI8:
5
G.R. No. 171396, May 3, 2006, The Lawphil Project.
6
Cruz et al., Philippine Political Law, 2014 Ed., p. 47.
7
G.R. No. 124772, August 14, 2007, The Lawphil Project.
8
Constitution, Article XI.
“Sec. 1. Public office is a public trust. Public officers and employees must, at all
times, be accountable to the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest
lives.
Sec. 2. The President, the Vice-President, the Members of the Supreme Court,
the Members of the Constitutional Commissions, and the Ombudsman may be
removed from office on impeachment for, and conviction of, culpable violation of
the Constitution, treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust. All other public officers and employees may be removed
from office as provided by law, but not by impeachment.”
The President is indeed immune from any suit however this does not
mean that the President is not accountable to anyone. Like any other official, he
remains accountable to the people but he may be removed from office only in the
mode provided by law and that is by impeachment.
9
Cruz et al., Philippine Political Law, 2014 Ed., p. 730, 738-740.