G.R. No. UDK 16838, May 11, 2021
Pedrito M. Nepomuceno, Former Mayor – Boac, Marinduque, Petitioner, vs. President Rodrigo R. Duterte, Secretary Francisco Duque, Department of Health, Inter-Agency Task Force on Emerging Infectious Diseases and Gen. Carlito Galvez Jr. [Ret], Chief Implementer of the National Task Force Against COVID-19, Respondents.

FACTS

Petitioner Pedrito Nepomuceno filed a petition for a writ of mandamus against respondents, including President Rodrigo Duterte, Health Secretary Francisco Duque, and Gen. Carlito Galvez, Jr. (Ret.). The petition sought to compel the respondents to observe Food and Drug Administration (FDA) rules and procurement laws regarding the acquisition and use of COVID-19 vaccines, specifically the Sinovac vaccine. Petitioner prayed for the DOH FDA to issue a Cease-and-Desist Order against the purchase and use of the Sinovac vaccine and demanded that all COVID-19 vaccines undergo required trials in the Philippines before being authorized for emergency or regular use. The core concern was the government’s plan to procure Sinovac vaccines despite reported doubts about their efficacy and the absence of a concrete local study on their performance against COVID-19.

ISSUE

1. Whether President Rodrigo Duterte is a proper party-respondent in the petition.
2. Whether the petition for a writ of mandamus is proper to compel the respondents to observe FDA rules and procurement laws regarding COVID-19 vaccines.

RULING

1. President Rodrigo Duterte must be dropped as a respondent. The Supreme Court reiterated the settled rule that the President of the Philippines enjoys immunity from suit during his or her tenure. This immunity is absolute and applies regardless of the nature of the suit, whether it pertains to official or personal acts. The rationale is to protect the President from any hindrance or distraction that would impair the performance of official duties as the Chief Executive. The only proceeding applicable against a sitting President is impeachment. Therefore, President Duterte is not a proper party to the suit.
2. The petition for a writ of mandamus must be dismissed. The Court held that the writ of mandamus is a remedy to compel the performance of a ministerial duty—a duty that is so clear and specific as to leave no discretion. Petitioner failed to point to any such ministerial duty on the part of the respondents. The issuance of an Emergency Use Authorization (EUA) for COVID-19 vaccines, including Sinovac, by the FDA Director General is a discretionary function authorized by law, specifically Executive Order No. 121. Furthermore, the procurement of COVID-19 vaccines is governed by Republic Act No. 11525 or the COVID-19 Vaccination Program Act of 2021, which exempts such procurement from the requirements of Republic Act No. 9184 (the Government Procurement Reform Act) and allows procurement through negotiated procurement under emergency cases. The law has vested the Executive Department with the authority to determine the necessity and manner of vaccine procurement. The Court cannot interfere with this discretionary executive function or add requirements beyond those prescribed by law. Therefore, the petition failed to establish a clear legal right to the performance of a ministerial duty by the respondents.