167 SCRA 393 Political Law Constitutional Law Presidents Immunity From Suit

Must Be Invoked by the President

Luis Beltran is among the petitioners in this case. He, together with others, was charged
with libel by the then president Corzaon Aquino. Cory herself filed a complaint-affidavit
against him and others. Makasiar averred that Cory cannot file a complaint affidavit
because this would defeat her immunity from suit. He grounded his contention on the
principle that a president cannot be sued. However, if a president would sue then the
president would allow herself to be placed under the courts jurisdiction and conversely
she would be consenting to be sued back. Also, considering the functions of a president,
the president may not be able to appear in court to be a witness for herself thus she may
be liable for contempt.
ISSUE: Whether or not such immunity can be invoked by Beltran, a person other than
the president.
HELD: No. The rationale for the grant to the President of the privilege of immunity from
suit is to assure the exercise of Presidential duties and functions free from any hindrance
or distraction, considering that being the Chief Executive of the Government is a job that,
aside from requiring all of the office-holders time, also demands undivided attention.
But this privilege of immunity from suit, pertains to the President by virtue of the office
and may be invoked only by the holder of the office; not by any other person in the
Presidents behalf. Thus, an accused like Beltran et al, in a criminal case in which the
President is the complainant cannot raise the presidential privilege as a defense to
prevent the case from proceeding against such accused.
Moreover, there is nothing in our laws that would prevent the President from waiving the
privilege. Thus, if so minded the President may shed the protection afforded by the
privilege and submit to the courts jurisdiction. The choice of whether to exercise the
privilege or to waive it is solely the Presidents prerogative. It is a decision that cannot be
assumed and imposed by any other person.