THE VICE-PRESIDENT AND ALL IMPEACHABLE OFFICIALS ARE IMMUNE FROM SUIT

PILIPINO Mirror
MACALINTAL

Those who argue that the Vice-President (VP) has no immunity from suit (IFS) argue that only the President enjoys such immunity. But they are one in saying that such presidential immunity is not provided for under any law nor under the 1987 constitution.

The immunity enjoyed by the President is only a tradition established by decisions of the Supreme Court (SC) to assure that his functions are not distracted or hindered by attending to cases filed against him during his tenure of office. It said that “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.”

Since there is also no law nor constitutional provision providing for IFS of the VP, then there is no rhyme or reason why jurisprudence could not be widened or why the said immunity could not be extended to the VP. If the President enjoys such immunity, then the VP is also entitled to it because they belong to the same category of elective officials who could only be removed from office through the process of impeachment as provided under Section 2, Article XI of the constitution.

In other words, IFS is not exclusive to the president. It is also enjoyed by the VP, Chief Justice and Justices of the Supreme Court, Members of the Constitutional Commission (Comelec, COA, Civil Service) and the Ombudsman who, under the said provision of the constitution, could only be removed by impeachment.

The IFS of the President, as well as those other impeachable officials is derived from the said constitutional mandate that they could only be removed through impeachment proceedings which are under the exclusive jurisdiction of Congress. If cases against them could be filed before a court of justice during their incumbency, they would be placed in danger of being removed from office by judicial action which is contrary to the said constitutional mandate that they could only be removed from office through the process of impeachment.

Thus, in a 1988 case, wherein a disbarment case was filed before the SC against then Associate Justice, later Chief Justice, Marcelo Fernan, the SC dismissed the case and said that one of the qualifications of a Justice of the SC is that he must be a member of the Philippine BAR. To grant a complaint for disbarment against Fernan during his incumbency at the SC “would in effect be to circumvent and hence to run afoul of the constitutional mandate that Members of the Court may be removed from office only by impeachment….To allow a public officer who may be removed solely by impeachment to be charged criminally while holding public office, would be violative of the clear mandate of the fundamental law.”

Just like the President who should not be distracted from his functions during his incumbency by facing cases filed against him, the SC said that “without the protection of this rule, the Members of the SC would (be facing cases) brought against them by unsuccessful litigants or their lawyers or by other parties who, for any number of reasons might seek to affect the exercise of judicial authority by the Court. It follows that a prosecuting officer should motu propio dismiss any charges against a Member of the SC. The remedy of a person with a legitimate grievance is to file impeachment proceedings.”

Clearly, and as stated, the IFS of the President was derived from such constitutional order which shows that such immunity should also be enjoyed by the VP and other impeachable officers. To limit the immunity to the President would be discriminatory and violative of the constitution’s equal protection clause. Hence, there are clear indications and valid reasons why the SC could enlarge the application of IFS to the VP, in a given case. Abangan.

ATTY. ROMULO B. MACALINTAL
Election Lawyer
Las Pinas Cit

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