MANILA, Philippines – The Supreme Court yesterday ordered the Office of the Solicitor General (OSG) to address an issue raised by Sen. Leila de Lima in a recent motion for clarification on her habeas data petition against President Duterte.
In a press conference, SC spokesman Theodore Te directed the OSG to file its comment on De Lima’s seeking clarification whether or not the doctrine of prejudicial question applies to her case and to the privilege of presidential immunity.
Te said the OSG is given 10 days from receipt of notice to comply with the order.
He clarified that the solicitor general was directed by the high court “not necessarily as counsel for the President, who has not been asked to respond to the petition.”
In her motion filed last Nov. 25, De Lima asked the high tribunal to clarify the applicability of the doctrine of prejudicial question on presidential immunity, which the SC opted to resolve first before deciding on whether to require the President to answer the petition.
She also sought clarification if the doctrine could be applied under the rules on the writ of habeas data.
A prejudicial question is based on fact distinct and separate from a case but so intimately connected with it that it determines whether such case would proceed or not.