[G.R. No. 252118. May 8, 2020.
]
Dino S. De Leon, petitioner
vs.
Rodrigo Roa Duterte, President of the Republic of the Philippines, and the Office of the President
through Salvador C. Medialdea, in his capacity as Executive Secretary, respondents
Facts:
Dino S. De Leon, petitioner, filed an Extremely Urgent Petition for Mandamus on April 13, 2020
against President Rodrigo Roa Duterte (President) and the Office of the President, respondents,
compelling respondents to disclose all the medical and psychological/psychiatric examination
results, health bulletins, and other health records of the President ever since he assumed the
Presidency; and (2) compel the President to undergo additional confirmatory medical and
psychological/psychiatric examinations, which shall be publicly disclosed in order to ensure the
accuracy of the health records to be released. Petitioner anchors his alleged right to be informed on
the basis of Section 12, Article VII and Section 7, 7 Article III, in relation to Section 28, 8 Article II, of
the 1987 Constitution (Constitution).
Petitioner alleged that the President has been absent from several engagements due to health
reasons and also had prolonged absences from public view. 2 He further averred that the President
appeared incoherent during the COVID-19 live press conference.
Issue:
Whether or not the petition filed is within the ambit of Section 12, Article VII.
Ruling:
No. The Court held that the petitioner failed to establish the existence of a clear legal right that was
violated. That the alleged claims are merely based on what he perceived from the online news
articles discussing the President's illnesses. Worse, these news articles are, as the Court has
consistently ruled, characterized as "hearsay evidence, twice removed, and are thus without any
probative value, unless offered for a purpose other than proving the truth of the matter asserted.
The Court also deems it proper to emphasize that in the recent months, the President has been
visibly holding regular cabinet meetings, belying petitioner's insinuation that the President is
suffering from serious illnesses. Further, the President's regular televised addresses to the nation as
regards the government's response to the COVID-19 pandemic show that the President has been
actively performing his official duties. Apparently, petitioner's allegation that the President is
seriously ill is unsubstantiated and is based merely on petitioner's surmises and conjectures
regarding his
perception of the declining health of the President.