Lagman vs Pimentel.docx - Lagman vs Pimentel G.R no 235935...

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Lagman vs Pimentel G.R no. 235935 February 06,2018 FACTS: “These are consolidated petitions, filed under the third paragraph, Section 18 of Article VII of the Constitution, assailing the constitutionality of the extension of the proclamation of martial law and suspension of the privilege of the writ of habeas corpus in the entire Mindanao for one year from January 1 to December 31, 2018. Petitioners in G.R. No. 235935 invoked the doctrine of presidential immunity does not apply in a sui generis proceeding under Section 18, Article VII as such immunity pertains only to civil and criminal liability. In this proceeding, the President is not being held personally liable for damages, or threatened with any punishment. If at all, he is being held to account for non- compliance with a constitutional requirement. “ ISSUE: Can the President be named respondent in this sui generis proceedings challenging his declaration of martial law? RULING: NO. The President should be dropped as party respondent. The President may not be sued during his
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Unformatted text preview: tenure or actual incumbency. It is, thus, clear that petitioners in G.R. Nos. 236061 and 236145 committed a procedural misstep in including the President as a respondent in their petitions. As the Court explained in Rubrico v. Macapagal-Arroyo, et al.: 79 “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. Unlike the legislative and judicial branch, only one constitutes the executive branch and anything which impairs his usefulness in the discharge of the many great and important duties imposed upon him by the Constitution necessarily impairs the operation of the Government.”...
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