DOJ Files Grave Threat Charges Against VP Duterte Over Marcos 'Kill' Remark
Vice President Sara Duterte is facing a criminal complaint before a Quezon City court over alleged death threats she made against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former Speaker Martin Romualdez. The charges, filed by the Department of Justice (DOJ), also form part of the ongoing Senate impeachment trial against her.
DOJ spokesperson Polo Martinez confirmed Tuesday that three counts of grave threats were filed before the Quezon City Regional Trial Court. The case stems from Duterte's outburst during an online press conference in November 2024, where she cursed the Marcoses and revealed she had spoken to someone about having the first couple and the President's cousin killed if an alleged plot to kill her succeeded.
The complaint was referred by the National Bureau of Investigation (NBI) to the DOJ in February last year, after the NBI investigated Duterte's statements made during her rage over the detention of her chief of staff, Zuleika Lopez, in the House of Representatives. Lawmakers, dominated by Marcos allies, were then probing Duterte's alleged misuse of confidential and intelligence funds as Vice President and, for two years, as concurrent education secretary.
What Are the Charges Against VP Duterte?
The offense of grave threats is covered by Article 282 of the Revised Penal Code, in relation to Section 6 of Republic Act No. 10175, or the Cybercrime Prevention Act of 2012. Martinez told reporters: 'After preliminary investigation... the prosecutors saw that there was prima facie evidence with reasonable certainty of conviction to indict the Vice President for the crime of grave threats by means of Cybercrime Prevention Act.'
The offense is bailable at P120,000 per count. A separate accusation for inciting to sedition was dismissed by DOJ prosecutors for lack of evidence.
Can the Criminal Case and Impeachment Trial Proceed Together?
Martinez stressed that the prosecutors met a 'high threshold' before moving forward. He said the impeachment proceedings did not affect the DOJ's findings, as the evidence presented during the preliminary investigation was distinct from what was released during the impeachment trial.
Professor Dante Gatmaytan of the University of the Philippines College of Law told Agence France-Presse (AFP) there was nothing to prevent the cases from proceeding independently. 'This is not unconstitutional,' he said. 'There might be theories that can be applied later on, but right now, nothing will stop the DOJ from proceeding with the criminal case.'
What Does the Vice President's Legal Team Say?
Duterte's legal team said it had 'anticipated and prepared for such an outcome' and would exhaust all legal remedies. Lawyer Paul Lim, the Vice President's counsel, said in a statement: 'Under our laws, the Vice President continues to be presumed innocent and is confident that the charges against her will ultimately be dismissed.'
Lim also maintained that Duterte, as a sitting impeachable officer, may not be prosecuted for an offense that is also the basis of an ongoing impeachment trial. This particular incident is the basis of Article 4 in the articles of impeachment against the Vice President.
What Are the Possible Consequences?
Under the Philippine legal code, a conviction on the charge of 'grave threats' carries a jail term of between one and six months. Duterte was impeached in May on charges that also included graft and corruption. Tuesday marked Day 14 of a Senate impeachment trial where her political career, and planned 2028 presidential run, hangs in the balance. A guilty verdict would see her removed from office and permanently barred from elective politics.
Photo: CDN Digital