La Salle prof unmasks de Lima’s motive in filing a case against Duterte in the Supreme Court

If you’ve been following the Leila de Lima drama on TV, she did announce her intention to file a case against President Duterte in the Supreme Court.

A quick look at post of a netizen identified as Gie Martin gives us an idea what the fuss de Lima is talking about and read:

According to Rappler, De Lima filed a case of Writ of Amparo and Writ of Habeas Data against Pres. Duterte cos of him linking her to illegal drugs.

Ano po ba itong mga kaso na ito?

SECTION 1. Petition. – The petition for a 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 Rule on the Writ of Amparo – Human Rights Library

-The writ of habeas data 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 …Jan 22, 2008

The Rule on Habeas Data – Human Rights Library

http://hrlibrary.umn.edu/research/Philippines/Rule%20on%20Habeas%20Data.pdf

Kung ako sa kanya, she should just answer the charges filed against her by the VACC instead of wasting time filing cases and challenging the immunity of the President.

Dr. Antonio Contreras of the Political Science department of De La Salle University succinctly explains de Lima’s motive in filing a test case against Pres. Duterte in the Supreme Court.

Now I know why Leila de Lima is threatening to file a petition on writ of habeas data. The VACC filing a case against her at the DOJ means that documents that may be incriminating to her will be subpoenaed. A petition for the issuance of writ of habeas data is a plea for the court to restrain the issuance or release of such documents.

Sources: Gie Martin, Dr. Antonio Contreras

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