SC asked to compel ES Recto to disclose PBBM's 'true state of physical, mental health'
The Supreme Court (SC) has been asked to compel Executive Secretary Ralph G. Recto to disclose publicly the “true state of the physical and mental health” of President Marcos in line with the provision of the Constitution.
The petition for a writ of mandamus was filed by the United People’s Initiative (UPI), a coalition composed of retired military officers, religious groups, and civil society members.
It was received by the SC last April 10. It was not known as of posting time if it will be taken up during the High Court’s full court session on Wednesday, April 15.
A writ of mandamus is a directive to a government official, agency, or corporation to perform a mandatory duty that they have neglected or refused to perform.
The petitioners cited Section 12, Article VII of the Constitution which states: “In case of serious illness of the President, the public shall be informed of the state of his health. The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness."
They told the SC that the disclosure on the President’s state of health is grounded on the principles of public accountability, the people's right to information, and the requirement that the President must at all times be capable of performing the functions of his office.
To prove he is healthy – physically and mentally -- the President on Monday, April 13, executed some jumping jacks on J. P. Laurel Street before entering Gate 3 of Malacanan Palace in Manila for a press conference.
The President even dared those peddling fake news about his health to join him at the gym for exercise.
The petitioners told the SC that recent developments, behavioral observations, and public discourse raise serious national concerns regarding the President's physical vitality, cognitive condition, and overall fitness for office.
They even cited the statements of the President’s elder sister, Sen. Imee Marcos, who expressed “concern on his mental and emotional state, and suggested possible instability in judgment and susceptibility to improper influence.”
Thus, they said, Senator Marcos’ statements “constitute credible and material indicators that may trigger the constitutional requirement of disclosure in cases of serious illness.”
They also cited media reports that the President has been going in and out of hospitals for a serious illness. “Despite the seriousness of such reports, there has been no official confirmation, denial, or medical bulletin issued to clarify the matter. This lack of transparency is causing widespread public uncertainty and concern,” they said.
They pointed out that the President has vast constitutional powers, including control over the entire Executive Branch, command of the Armed Forces, and primary authority over foreign policy and national security.
The President’s “physical and mental fitness is therefore a matter of paramount public concern,” they said.
They pleaded the SC: “Wherefore, petitioners most respectfully pray for timely and expeditious issuance of a Writ of Mandamus compelling Respondents to disclose the true state of the physical and mental health of the President pursuant to Section 12 of Article VII of the Constitution.”
The petition was filed for UPI by retired MGen Romeo DV Poquiz, retired BGen Carlos F. Quita, retired PN Capt Rey I. Valeros, retired PCol. Jonathan T. Galang, retired Col. Segundo S. Metron Jr., lawyer Melchor G. Magdamo, and Mark D. Burtuldo.
Aside from Executive Secretary Recto, also named respondents in the petition were Presidential Communications Office Secretary Dave Gomez and Undersecretary Claire Castro.