The Solicitor General has asked the Supreme Court to dismiss the petition filed by Senator Leila De Lima last month challenging the immunity from suits of President Rodrigo Duterte.

In a reply-memorandum filed last week, Solicitor General Jose Calida invoked the absolute immunity from suit enjoyed by an incumbent president.

Calida said presidential immunity is a “well-entrenched doctrine”.

Calida disputed the argument of De Lima in her motion for clarification that the issue on immunity touches on merits of the case and resolving it would be premature.

He questioned why the SC decided not to require Duterte to comment on her petition and instead settled first the issue on applicability of the President's immunity from suits on the case.

De Lima argued the president should be required to answer her petition.

The Solicitor General agreed with the high court's action and stressed there is no need to require the president to comment on the petition because his immunity from suit is automatic. "Presidential immunity automatically attaches to the president by virtue of his office and there is no need to invoke it for its existence," Calida said. DMS