Issue: May The Incumbent Chief Executive Be Haled To Court Even For The Limited Purpose Under The Rules On The Writ of

LEILA M. DE LIMA v. PRESIDENT RODRIGO R.
DUTERTE
G.R. No. 227635, October 15, 2019
Facts: President Duterte issued a number of public statements against Sen. De Lima, including
denunciations of her corruption and immorality. The statements prompted her to initiate this petition for
the issuance of a writ of habeas data against President Duterte.
In her petition, Sen. De Lima adverted to several public statements that allegedly threatened her right to
life, liberty and security, namely:
a. The August 11, 2016 public statement of President Duterte threatening to destroy Sen. De Lima.
The statement reads: "I know I'm the favorite whipping boy of the NGOs and the human rights
stalwarts. But I have a special ano kaya no. She is a government official. One day soon I will
– bitiwan ko yan in public and I will have to destroy her in public." Incidentally, in the same
event, President Duterte insinuated that with the help of another country, he was keeping
surveillance of her. "Akala nila na hindi rin ako nakikinig sa kanila. So while all the time they
were also listening to what I've done, I've also been busy, and with the help of another country,
listening to them;"3
b. The statement uttered in a briefing at the NAIA Terminal 3, Pasay City in August 17, 2016
wherein President Duterte named Sen. De Lima as the government official he referred to earlier
and at the same time accused her of living an immoral life by having a romantic affair with her
driver, a married man, and of being involved in illegal drugs. "There's one crusading lady, whose
even herself led a very immoral life, taking his (sic) driver as her lover... Paramour niya ang driver
nya naging hooked rin sa drugs because of the close association. You know, when you are an
immoral, dirty woman, the driver was married. So you live with the driver, its concubinage."
c. The statements that described her as an immoral woman; that publicized her intimate and
personal life, starting from her new boyfriend to her sexual escapades; 7 that told of her being
involved in illegal drugs as well as in activities that included her construction of a house for her
driver/lover with financing from drug-money; 8 and
d. The statements that threatened her ("De Lima, you are finished") and demeaned her womanhood
and humanity. "If I were De Lima, ladies and gentlemen, I'll hang myself. Your life has been, hindi
lang life, the innermost of your core as a female is being serialized everyday. Dapat kang mag-
resign. You resign.11 and "De Lima better hang yourself ... Hindi ka na nahiya sa sarili mo. Any
other woman would have slashed her throat. You? Baka akala mo artista ka. Mga artistang x-
rated paglabas sa, pagkatapos ng shooting, nakangiti ...".
De Lim prays to the SC to grant a Writ of Habeas Data –
a. Enjoining the President and any of his representatives, agents, assigns, officers, or employees from collecting
information about petitioner's private life outside the realm of legitimate public concern;
b. Disclosing to her (De Lima) the name of the foreign country who, according to her, "helped him" listen in on
petitioner, the manner and means by which he listened in on petitioner, and the sources of his information or
where the data about petitioner's private life and alleged private affairs came from;
c. Ordering the deletion, destruction or rectification of such data or information; and
d. Enjoining the President from making public statements that (i) malign her as a woman and degrade her
dignity as a human being; (ii) sexually discriminate against her; (iii) describe or publicize her alleged sexual
conduct; (iv) constitute psychological violence against her; and (v) otherwise violate her rights or are contrary
to law, good morals, good customs, public policy, and/or public interest; and
Sen. De Lima maintains that presidential immunity is not applicable because President Duterte's attacks against her
are not part of his official duties and functions.
Issue: May the incumbent Chief Executive be haled to court even for the limited purpose under the Rules on the Writ of
Habeas Data?
Held: No. The petition is dismissed. Presidential immunity in this jurisdiction attaches during the entire tenure of the
President. The immunity makes no distinction with regard to the subject matter of the suit; it applies whether or not
the acts subject matter of the suit are part of his duties and functions as President.
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 of 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. 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. Furthermore, it is important that he be freed from any form of harassment, hindrance or
distraction to enable him to fully attend to the performance of his official duties and functions.
The SC dismissed the petition for the writ of habeas data on the ground that respondent Rodrigo Roa Duterte as the
incumbent President of the Philippines is immune from suit during his incumbency.
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LEILA M. DE LIMA v. PRESIDENT RODRIGO R.

De Lim prays to the SC to grant a Writ of Habeas Data –

c. Ordering the deletion, destruction or rectification of such data or information; and

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