The doctrine of presidential immunity from suit: Applicability to Amparo and habeas data proceedings
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ID: 286471
2017
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Abstract
This research study discussed the extent of the President’s executive immunity, its applications and limitations. It further sought to examine the extent of the President’s immunity from suits, particularly on the issue of whether or not the writ of amparo and writ of habeas data are covered by the President’s immunity. This research study found its relevance on the issue of the President’s immunity from suits, under the current administration of President Rodrigo Duterte, where Senator Leila De Lima filed a petition for a Writ of Habeas Data and Writ of Amparo against the President because of the attacks that President Duterte has launched against her as a person and as a woman, that the cases would stand as a test against President Duterte’s Presidential immunity. The De La Salle College of Law Dean Jose Manuel Diokno stated that: “The doctrine of presidential immunity from suit cannot be used as a shield to block a case like this which is really one of historical and transcendental importance.” This is the first time that the doctrine of Presidential Immunity from suit would be tested as filed by Senator Leila De Lima since according to her, the framers of the doctrine have not comprehended a situation where there is a blatant abuse of power. Thus the researchers deemed it necessary to examine the extent of the President’s immunity from suits and whether the two writs, Writ of Amparo and Writ of Habeas Data may be applied to the President despite the said Executive Immunity. The researchers, in the course of this research, concluded that the Writ of Amparo may be filed/issued against the President despite his Executive Immunity as a remedy of the aggrieved party whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or of a private individual or entity. Likewise, the Writ of Habeas Data may be filed/issued against the President despite his Executive Immunity as a remedy of the aggrieved party whose right to privacy in life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in: gathering, collecting, or storing of data or information regarding the person family, home and correspondence of the aggrieved party. The said rights of the aggrieved party are in
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| Authors | Bucatcat, Razor U. |
| Journal | Malay Journal |
| Year | 2017 |
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| Keywords | Keywords not found |
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