THE Supreme Court was asked by a lawyer on Monday to compel Malacañang to release the medical records of President Duterte since he assumed the post in 2016 and for him to undergo confirmatory medical and psychological and/or psychiatric tests to determine if he is still fit to lead the country amid the rising cases of the coronavirus disease (COVID-19).
In a 42-page extremely urgent petition for mandamus, lawyer Dino de Leon said Malacañang is duty-bound by the Constitution to disclose the health of the Chief Executive.
Chief Presidential Legal Counsel Salvador Panelo dismissed De Leon’s petition and said this “warrants an outright dismissal.”
“The petition does not have any factual or legal bases. The allegations arising therefrom are based purely on speculations. It is hornbook doctrine that a petition before a court of law cannot be anchored on mere conjectures or surmises,” Panelo said in a statement.
Panelo also reminded De Leon that Article VII, Section 12 of the 1987 Constitution requires public disclosure of the President’s health status “only if he has a serious illness. Such is not the case here. There is no evidence submitted before the high court that the President is suffering from a serious illness.”
“The suit may have been a product of petitioner’s boredom as a result of the enhanced community quarantine. He may instead want to use his time by brushing up his law,” he added.
De Leon asked the SC also to compel the Palace to release the results of confirmatory tests as soon as they are available.
“The extremely urgent motion for mandamus was mainly brought by my concern as a citizen on the physical and mental fitness of President Duterte to steer the nation as we face this health crisis. To recall, President Duterte’s public appearances to address the country on the pandemic were incoherent, unresponsive and filled with unintelligible rumblings,” De Leon said.
“His pallid condition also did not escape the public’s attention,” he added.
He noted that in Duterte’s recent addresses aired on April 1, 3 and 6, though marked by his usual bravado and threats, “the President appeared to be physically unwell, and his statements closely resembled those of a drunken monologue.”
The petitioner likewise cited a video footage of Duterte’s first report under the Bayanihan We Heal As One Act, which was aired in the unholy hours of the night and which he claimed took at least 21 cuts to tape.
“We ask the question: Is President Duterte still physically and mentally healthy? Is he still the one in charge of the situation? Sagutin na lang ng Pangulo at ng kanyang mga taga-suporta. Malala na ba ang kalagayan ng utak at pangangatawan ng Pangulo? Ilabas nila ang kanyang mga medical records,” De Leon said.
Duterte previously admitted facing several health woes, including daily migraines, Buerger’s disease, myasthenia gravis, Barretts Esophagus and gastroesophaegal reflux disease. He also disclosed that he underwent a biopsy but tested negative for cancer.
De Leon said that given the dire circumstances of the country due to the COVID-19 threat, many issues and concerns demand for Duterte’s attention and action, which stresses the need for the public to know his medical condition.
“How can the public be assured that the President is physically well to handle the COVID-19 pandemic? How can the public be made aware as to whether or not the President’s condition has exacerbated if not through the judicial branch?” he added.
De Leon said he filed a Freedom of Information (FOI) request for Duterte’s medical records before the Office of the President last March 12, but the Malacañang’s Record Office told him the next day that his request “is not among the records available on file or in the possession of their office.”
