Republic of the Philippines SUPREME COURT Manila LEILA M. DE _ LIMA, Petitioner, 227635 - versus ~ GR.No. : [FOR: HABEAS DATA] RODRIGO ROA DUTERTE, in his capacity as President of the Republic of the Philippines, Respondent. x PETITION Petitioner LEILA M. DE LIMA, by counsel, respectfully states that: Preliminary Statement This case presents a novel issue of transcendental importance Can a sitting President wage a personal vendetta against petitioner and use the resources of his powerful office to crucify her as a woman, a human being, and a duly elected senator in violation of her right to privacy in life, liberty and security? Petitioner has been repeatedly subjected to crude personal attacks by President Rodrigo R. Duterte, which involve the wrongful collection and publication of her alleged private affairs and activities that are outside the realm of legitimate public concern. He has accused her of “screwing her driver,”' “pumping,”? and playing with a man’s genitals. He has likened her to an “x-rated artist”s and claimed that she has a “propensity for sex.”5 He has threatened her that he “will destroy her in public,”6 that she “is finished,”’ and has vowed that she “will rot in jail.” And he has subjected her to the following, revolting remarks, among others, that discriminate against her gender and constitute psychological violence prohibited by Republic attached to Petitioner's Judicial Affidavit (Annex “A” ~ Petition). attached to Petitioner's Judicial Affidavit (Annex “A” ~ Petition. tached to Petitioner's Judicial Afidavit (Annex “A” ~ Petition) » See Exhibit 2 See Exhibit 2 See Exhibit “Y “1 2 See Exhibit “I” attached to Petitioner’ Judicial Affidavit (Annex “ See Exhibit “B” attached to Petitioner's Judicial affidavit (Annex “A” ~ Petition). » See Exhibit "E” attached to Petitioners Judicial Affidavit (Annex "A" Petition) * See Exhibit “L” attached to Petitioners Judicial Affidavit (Annex “A” ~ Petition) Petition).Act No. 9710 (R.A. 9710), otherwise known as the “Magna Carta of Women”: * Sabi ko nga sa ‘yo, I told you before, the day | said, ‘De Lima better hang yourself.... Hindi ka na nahiya sa sarili mo. Any other woman would have slashed her throat. You? Baka akala mo artista ka. Mga artista ng x-rated pag labas sa, pagkatapos ng shooting, nakangiti ang putang-ina niya."° + Eh di sinabi pa at one time, | think it was Tulfo, she’s the only lady there in the Cabinet who has balls. Iba pala ang pinaglaruan mo na balls, Hindi iyo." * Ito ngayon, when the next time she’s in prison, there’s no more worry about liaisons and dalliances. Nasa kulungan na siya, eh ‘di... So she will have about how many lovers there if she wants Grabe talaga ako mag-insulto pag ka... Eh tang-ina niya eh." * |f! were De Lima, ladies and gentlemen, I'll hang myself. Your life has been, hindi lang life, the innermost of your core as a female is being serialized everyday... O wala ka nang mukha Ano pakita mo sa mga babae? ‘Follow me.’ Sabihin mo: ‘This is how to be a woman of the world." * Ngayon lang ako nakakita ng babae na lumabas sa buong social media nakangiti parang buang. Putang-ina kung nanay ko ‘yan barilin ko." © Simple lang ‘yan. Sabihin ko lang sa kanya: Miss De Lima, I've kind of a blurred, vague memory of your persona. Like to... No holds barred oh, sabihin niya ‘objection’. Eh sige objection, I'm establishing the character of you. Is this you pumping?"* The verbal attacks on petitioner's womanhood and threats on. her person are not covered by presidential immunity from suit because they are not the official acts of a President. They constitute unlawful, unofficial conduct that have nothing to do with the President’s duties and responsibilities. And they stem, by the President’s own admission, from a grudge that dates back to the time when he was the Mayor of Davao City and was investigated by petitioner when she was the Chairperson of the Commission on Human Rights, in connection with the alleged Davao Death Squad. 1© See Exhibit “” attached to Petitioner's Judicial Affidavit (Annex “A” ~ Petition) 244 Bid » See Exhibit "G” attached to Petitioner's Judicial affidavit (Annex “A” ~ Petition). * See Exhibit “I” attached to Petitioner's Judicial Affidavit (Annex “A” ~ Petition) ° See Exhibit “K" attached to Petitioner's Judicial Affidavit (Annex “A” ~ Petition.The personal attacks against petitioner blatantly violate Republic Act No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees”, which provides that public officials “shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy... and public interest.” They also blatantly violate R.A. 9710, which prohibits psychological violence perpetrated or condoned by the State, and requires that all officials of the State “refrain from discriminating against women and violating their rights.”"” Since Petitioner's right to privacy in life, liberty or security have been violated and continue to be threatened by the President's unlawful attacks on her womanhood and dignity as a person, she has no other recourse but to seek relief from this Honorable Court in the form of a writ of habeas data. I. Nature of Peti 1. Petition for Habeas Data. ~ Petitioner seeks a writ of habeas data under A.M. No. 08-1-16-SC, to enjoin respondent and any of his representatives, agents, assigns, officers, or employees from committing, and/or continuing to commit, unlawful acts that have violated and threaten to further violate her right to privacy in life, liberty or security; from wrongfully collecting information about her private life outside the realm of legitimate public concern; to give her access to the sources of the information collected; and to rectify, suppress, or destroy the database, information, or files under their possession or control which they are using unlawfully to violate and threaten her right to privacy in life, liberty or security. tl. Pa 2. Petitioner’s Capacity to Sue. — Petitioner is of age, Filipino, and is currently a member of the Senate of the 17"* Congress of the Republic of the Philippines. She holds office at the Senate of the Philippines, GSIS Building, Financial Center, Jose W. Diokno Boulevard, Pasay City, 1300 Metro Manila. 3. Respondent’s Capacity to be Sued. — Respondent RODRIGO R. DUTERTE is of age, Filipino, and is being sued in his capacity as the incumbent President of the Republic of the Philippines. He may be served with summons, notices and other *© Section 4(c), R.A. 6723, 2 Sections 5, 6, and 9 in relation to section 4(k)(3), R.A, 9710.