Does executive immunity mean that the President, while in office, cannot sue others? Who may claim immunity?

■ No. The immunity of the President from suit is personal to the President. It may be invoked by the President only and not by any other person.

■ In the case of Beltran vs. Makasiar, Pres. Cory Aquino filed a criminal complaint for libel against Beltran. Beltran argues that "the reasons which necessitate presidential immunity from suit impose a correlative disability to file suit". He contends that if criminal proceedings ensue by virtue of the President's filing of her complaint-affidavit, she may subsequently have to be a witness for the prosecution, bringing her under the trial court's jurisdiction. This would in an indirect way defeat her privilege of immunity from suit, as by testifying on the witness stand, she would be exposing herself to possible contempt of court or perjury.

The Court held that this privilege of immunity from suit, pertains to the President by virtue of the office and may be invoked only by the holder of the office; not by any other person in the President's behalf. Thus, an accused in a criminal case in which the President is complainant cannot raise the presidential privilege as a defense to prevent the case from proceeding against such accused.

Moreover, there is nothing in our laws that would prevent the President from waiving the privilege. Thus, if so minded the President may shed the protection afforded by the privilege and submit to the court's jurisdiction. The choice of whether to exercise the privilege or to waive it is solely the President's prerogative. It is a decision that cannot be assumed and imposed by any other person. (Beltran vs. Makasiar, G.R. No. 82585 November 14, 1988)