MANILA, Philippines – Will a mandamus petition to compel President Rodrigo Duterte to disclose his state of health work at the Supreme Court?
This is the first time that Section 12, Article VII of the Constitution will be tested.
“In case of serious illness of the President, the public shall be informed of the state of his health.”
There are several issues related to that question, some legal, some political.
Number one: is mandamus the right way to go? Mandamus is a kind of pleading to compel somebody to do something.
Is Section 12, Article VII clearly instructive? Does it clearly define serious illness?
This petition again falls into the category of just how powerful presidential discretion is.
The Supreme Court has strengthened that power for Duterte time and time again. Will it rule differently for this case?
We talk to University of the Philippines Constitutional Law Professor Dan Gatmaytan.
Listen to past episodes:
- Episode 1 Part 1: Supreme Court’s most controversial decisions
- Episode 1 Part 1: Department of Justice’s evolving definition of warrantless arrests.
- Episode 2: The rule of law in the time of the coronavirus
- Episode 3: Pandemic and the great wall of free speech
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