Former law dean Mel Sta. Maria explained why Vice President Sara Duterte is not immune from suit, following the filing of a grave threats case against her.
In a Facebook post, Sta. Maria said the Vice President’s role is to assume the presidency once the President is incapacitated.
The Vice President position has no administrative portfolio and would only have executive responsibilities if the President assigns tasks to her, Sta. Maria said.
“All executive responsibilities, special task forces, or program oversight assigned to the position are granted strictly through individual Executive or Administrative Orders issued at the discretion of the sitting President,” he said.
He said this is unlike the President, who needs immunity because he is in charge of the country’s national defense and security, diplomatic relations and representation, crisis management, internal and external conflict, food and oil adequacy, disaster responses, public safety enforcement, national economic strategies, and cabinet and policy supervision and direction.
“He is the premier political officer of the land, the Commander in Chief of the Armed Forces and the ultimate head of the Police, the foremost Foreign relations officer and Representative of the country,” he said.
Sta. Maria also cited the Supreme Court’s 2019 ruling in De Lima vs. Duterte, where it said the President’s 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.”
The Quezon City Regional Trial Court ordered Duterte’s arrest in her grave threats case stemming from her statement that she told somebody to kill the President, the First Lady, and the former Speaker if she were killed.
She has since posted bail.