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De lima vs. Duterte [SEPARATE CONCURRING OPINION, LEONEN, J.]

LEILA M. DE LIMA, PETITIONER, VS. PRESIDENT RODRIGO R. DUTERTE, RESPONDENT.

G.R. No. 227635 | 2019-10-15

SEPARATE CONCURRING OPINION

LEONEN, J.:

Presidential immunity from suit only extends to civil, criminal, and administrative liability. A proceeding for the issuance of a writ of habeas data, as in this case, does not determine any such liability. The Rule on the Writ of Habeas Data[1] only requires courts to ascertain the accountability and responsibility of the public official or employee. Thus, the President cannot invoke immunity from suit in a petition for such writ.

However, the proper respondent in a habeas data case for pronouncements made by the President in his official capacity is the Executive...