In a resolution written by Associate Justice Celia Librea Leagogo, the CA said that the reason for the President’s immunity from suit while in office is to insulate her from cases that may hamper her duties as Chief Executive.

"The rationale for the grant to the President of the privilege of immunity from suit is to assure the exercise of presidential duties and functions free from any hindrance or distraction, considering that being the Chief Executive of the government is a job that, aside from requiring all of the office-holder’s time, also demands undivided attention," the CA said.

The CA said that the immunity from suit while in office "pertains to the President by virtue of the office."

The appellate court has started hearing Lozada’ petition for a Writ of Amparo, a new legal remedy against threats and violations of the rights to life, liberty, and security.

Lozada had asked the CA grant him protective custody once he is released as a witness by the Senate.

"After the completion of the (Senate) hearing, I am afraid I will be vulnerable (to attack)," Lozada told the CA, adding that even while he is still under the protective custody of the Senate, he believed there is still a serious threat to his life.

According to Lozada, members of his family continue to receive anonymous text messages, stating that "the texters know the whereabouts of my children and siblings, and which church they go to."

He also expressed his apprehensions that "people who are out to harm me and members of my family know about the safehouse we are staying."

The Supreme Court (SC) had earlier issued a Writ of Amparo in favor of Lozada and asked President Arroyo, Executive Secretary Eduardo Ermita, and Philippine National Police (PNP) chief Director Genreal Avelino I. Razon Jr. to explain the alleged abduction of Lozada immediately after his arrival last Feb. 5 from Hong Kong.