Legal and constitutional grounds to require President Ferdinand Marcos Jr. to compel him to undergo physical and mental examinations, including a hair follicle drug test, the Office of the Solicitor General (OSG) told the Supreme Court (SC) on 19 May.
It thus sought the SC’s dismissal of the petition filed by former Speaker Pantaleon Alvarez on 15 April.
The OSG indicated that the petition violates presidential immunity, which protects the President from suits during his term.
Further, the OSG argued that the petitioners lack legal standing to file the case, noting that they merely identified themselves as taxpayers, voters, and concerned citizens, which does not meet the threshold required to initiate a suit.
Injury not proven
Moreover, government lawyers said the petitioners failed to demonstrate a direct and personal injury as required under the doctrine of locus standi.
They also argued that the President cannot be subjected to judicial compulsion to undergo physical, mental, or drug examinations.
The OSG also clarified that the reliefs sought involve discretionary acts that cannot be compelled by a writ of mandamus, as the requirements for such a remedy, including a clear legal right and a ministerial duty, were not established.
The government lawyers likewise cited the case of De Leon v. Duterte, in which petitions seeking to probe the President’s health were also dismissed by the Supreme Court.
