Practice question
A petition for habeas data names the incumbent President as its sole respondent over allegedly unofficial statements. The petitioner argues that immunity cannot be considered until the President personally invokes it in a verified return. Applying the main resolution in De Lima v. President Duterte, which answer is best?
- The personal-invocation requirement necessarily follows from every reference to presidential immunity.
- The President loses all immunity whenever a petitioner labels the statements unofficial.
- The Vice-President must first decide whether the President may claim immunity.
- The argument fails: the Court applied incumbent presidential immunity and dismissed the petition even without the President personally invoking it.
- The Court’s ruling granted every former President permanent immunity from all proceedings.
Legal references
- De Lima v. President Duterte, G.R. No. 227635, October 15, 2019, main resolution, incumbent presidential immunity from suit: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65820
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