OSG asks SC to junk petition on Marcos’ health

THE Office of the Solicitor General (OSG) has asked the Supreme Court (SC) to dismiss a petition seeking to compel President Ferdinand R. Marcos, Jr. to undergo physical and mental examinations, including a hair follicle drug test, arguing it violates presidential immunity.

“Stripped clean of bombast and rhetoric, this petition is nothing more than a fishing expedition,” the OSG said.

In a 23-page comment filed on May 15, the government’s lead counsel argued that the petition filed by former House speaker Pantaleon D. Alvarez lacks any legal and factual basis.

“The Petition is inherently infirm because the coercive writ it prays for is specifically directed against, and can only be performed by, the incumbent President, who is immune from suit,” the OSG, led by Solicitor General Darlene Marie B. Berberabe, said.

“To give due course to this case would inevitably burden the President and divert his limited time from the discharge of essential governmental functions,” it added.

The petitioners invoked Section 12, Article 7 of the Constitution, which mandates that the public be informed of the state of the President’s health in cases of serious illness.

However, the OSG countered that the petitioners lack legal standing, as they failed to show any direct injury or “injury-in-fact” resulting from the challenged lack of disclosure.

The OSG argued that the constitutional requirement for disclosure is only triggered by a “serious illness,” a condition not established by the petitioners’ alleged rumors or unverified reports.

It added that the President’s health data are sensitive personal information protected by the Data Privacy Act.

Malacañang has repeatedly denied rumors regarding the deteriorating health or emergency hospitalization of Mr. Marcos. The only verified medical issue was in January, when he spent one night under observation and was diagnosed with diverticulitis, a nonlife-threatening inflammation of small pouches in the colon.

The Palace said that medical bulletin was unnecessary because the condition was not critical. — Erika Mae P. Sinaking