Nepomuceno v.

Duterte
UDK No. 16838
Facts:
Petitioner Pedrito Nepomuceno filed a case against respondents President Rodrigo Duterte and
other government officials who implements The National Task Force Against Covid 19. In this
petition Nepomuceno prayed that the government must be compelled in distributing and
administering Sinovac vaccine to filipinos since the vaccine of Sinovac has not yet been proven
its efficacy to contain the virus. In this case he include that the president must also be sued for
negligence of his duty as a president.
Issue:
Whether or Not, President Duterte can be included as one of the respondents?
Rulling
the The court rulled out that the president of the Republic of the Philippines cannot be sued
during his/her term, regardless of the nature of the case filed against him as long as he sits as
the president of the Republic of the Philippines this right has not been expressly stated in our
constitution since it was inherent already. 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 of distraction, considering that being the Chief Executive of the Government
is a job that, aside from requiring all of the office-holder's time, also demands undivided
attention.
One of the statutory is being stress out in this case is when the law speaks clear and categorical
language there no room for interpretation there is only room for its application, clearly in this
case, the law provides that the president is absolute immune for all sorts of suits.