The Office of the Solicitor General (OSG) has asked the Supreme Court to dismiss the petition filed by the camp of former House Speaker Pantaleon Alvarez seeking to compel President Ferdinand Marcos Jr. to undergo a hair follicle drug test and other physical and mental examinations.
In its comment submitted before the high court, the OSG argued that the petition has no sufficient legal or constitutional basis to require the President to undergo any form of medical examination and publicly disclose the results.
The government also stressed that the request could violate the principle of presidential immunity, which protects a sitting President from legal suits while in office.
The petition, filed earlier before the Supreme Court, sought the issuance of a writ of mandamus directing Marcos to comply with the requested examinations, including a hair follicle drug test.
A writ of mandamus is a legal remedy used to compel a government official to perform a duty required by law.
According to the OSG, however, there is no law that obligates the President to submit to the medical tests being demanded in the petition. The office maintained that forcing the President to comply with the request would go beyond constitutional limitations and legal procedures.
The filing by Alvarez’s camp drew public attention after it questioned the physical and mental fitness of the President. However, the OSG maintained that the petition does not establish a clear legal duty that can be enforced through mandamus.
As of writing, the Supreme Court has yet to issue a ruling on the petition.
