Aguinaldo vs.

Aquino

G.R. No. 224302

Nov. 29, 2016

Facts: This case is about the alleged failure of President Aquino to appoint any nominees for the 10th
Sandigan Bayan Associate Justice submitted by the JBC. The petitioners put the name of President
Aquino as respondent in their petition.

The OSG contends that the name of the President should not be made a respondent because of his
immunity from suit.

Issue: If the President committed grave abuse of discretion, can he be named as respondent in a petition
for certiorari.

Held: No, the president cannot be named as a respondent in a petition for certiorari even if he
committed grave abuse of discretion. In Lozada vs Arroyo, the court contends that “the immunity from
suit of the president remains preserved…, even though not expressly reserved in the 1987 Constitution.”
And in Soliven vs Makasiar, the court ruled that “ the President is granted the privilege of immunity from
suit to assure the exercise of Presidential duties and functions free from any hindrance or obstruction…”
In this case, the Court “finds it proper to drop President Aquino as respondent taking into account that
when this petition was filed on May 17, 2016, he was still then the incumbent President who enjoyed
immunity from suit,” despite his grave abuse of discretion.