De Lima threatens to file suit versus Duterte, other detractors

Senator Leila de Lima said Tuesday is threatening to file charges against her detractors, including President Rodrigo Duterte, for their “blatant abuse of power.”

De Lima, former Justice secretary, said she would seek before the Supreme Court a writ of amparo and habeas data and come up with a “test case” on the limits of presidential immunity.

“Even si Pangulong Duterte, kakasuhan ko din. I’m going to file a test case na may mga pagkakataon na hindi pwede i-invoke ang presidential immunity,” De Lima told reporters in a chance interview.

“I don’t think na ‘yung mga nakaisip nang doktrina na ‘yan, ‘yung immunity from suit have ever comprehended a situation like this where there is blatant abuse of power,” she said.

De Lima had earlier said that it was time to revisit the doctrine of presidential immunity, following the testimony of confessed hitman Edgar Matobato on the existence of the so-called Davao Death Squad and its alleged links to Duterte.

Fr. Joaquin Bernas SJ, one of the framers of the 1987 Constitution, wrote in a 2014 newspaper article that there was no specific provision in the Charter which guaranteed the president’s immunity from suit .

The said provision was in the 1973 Constitution.

De Lima said she was still considering other charges because of the extent of the actions taken against her by the President and his allies.

“Marami pang iba pero I would not be laying all my cards on the table kasi baka mapaghandaan ako ng mga ‘yan lalo na napaka-lopsided ng laban,” the senator said.

De Lima is being investigated by the Department of Justice (DOJ) for her alleged involvement in the illegal drug trade inside the New Bilibid Prison.

The writ of amparo and habeas data will be filed next week, De Lima said.

The writ of amparo is a “remedy available to any person whose right to 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.”

The writ of habeas data meanwhile is a “remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.”

De Lima said she was also eyeing charges to be filed before the Office of the Ombudsman for violation of anti-graft, and the code of conduct of public officials, but did not disclose who she will file a case against.

“It would require massive legal work. Ang nakakaabala lang at nakaka-constraint lang is yung aking time, alanganaman pabayaan ko na yung trabaho ko dito sa Senado tsaka resources,” De Lima said.

“Siyempre kailangan ko rin ng hustisya against sa mga kasinungalingan na yan, dyan sa mga sobrang panggipit sakin, acts of oppression, acts of persecution,” he added. —NB, GMA News

Source: Gmanetwork.com

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