Under Philippine law, the President enjoys immunity from suit and cannot be investigated or prosecuted for any criminal offense while he remains in office. This description points out that Presidents are not immune from suits after they leave office. He can do as he pleases while in office without worrying about facing a lawsuit. Imagine what life would be like for him if he always had to worry about the possibility that he would violate the law if he did something controversial. This would result in inaction because of fear of a lawsuit.
This is a matter that is gripping the US right now because former president Trump is accused of election interference when he encouraged voters to object to the proclamation of US President Joe Biden because of perceived cheating.
I am sure many of our politicians are looking at what is happening in the US now because the US Supreme Court will render a decision in a few weeks.
We are in a different position because the complaint against then Pres. Rodrigo Duterte was submitted to the International Court of Justice and not to any local court.
The question is this: Why did the case against then-President Duterte not go to the courts if more than 6,000 persons were killed in the pursuit of his anti-drug campaign? Is it because no one has yet filed a case in a court in the Philippines? Is it because the Opposition is afraid?
Protesters in the US campuses contend that the Constitution of the US allows peaceful protest to support their claim that they can engage in a long stand-off with the owners.
While the demonstrations in the US are done on campuses, the protesters are quick to say that they are merely exercising their right to protest and air their grievances peacefully.
Pres. Trump was ordered to pay nine thousand dollars for commenting on the case against him. He was threatened by the Judge that if he made comments in public again, he would be jailed for violating the gag order issued by the Judge.
An intriguing question that the US Supreme Court must rule on is: Is the President immune from suit for criminal offenses committed during his term?
The questioning covered on live television (although audio only) shows the Justices leaning towards a limit to presidential immunity. Stated differently, the immunity is not absolute. It has its limits.
Consider this quote from the Philippine Constitution.
SEC. 15. The President shall be immune from suit during his tenure. Thereafter, no suit whatsoever shall lie for official acts done by him or by others under his specific orders during his tenure.
It is obvious that while the US Supreme Court is thinking about limiting immunity, the Philippine Constitution gives absolute immunity to the President. The only limitation is that these acts should be considered official and not private.
We can conclude that the President of the Philippines is more powerful than the President of the United States.
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