MANILA, Philippines – The National Bureau of Investigation (NBI) has recommended the filing of criminal complaints of inciting to sedition and grave threat against Vice President Sara Duterte over her statement that she had arranged to assassinate President Ferdinand Marcos Jr., First lady Liza Araneta Marcos, and Speaker Martin Romualdez if she were killed first.
“We have finally recommended the filing of inciting to sedition and grave threat against the vice president,” NBI Director Jaime Santiago said over GMA-7 Superradyo DZBB on Wednesday, February 12.
Responding to the NBI recommendation, Duterte said in a message sent to reporters, “As expected.” The Vice President had earlier said that she did not expect fairness from the agency.
The NBI investigated whether Duterte committed grave threats under Article 282 of the Revised Penal Code in relation to Section 6 of the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), or violated the Anti-Terrorism Act of 2020 (RA 11479).
Addressing a question at a midnight virtual press conference on November 23, 2024, she said that her supporters need not worry about her security as she had already “talked to someone” to ensure that if she gets killed, that person should assassinate the three personalities. She stressed at the time that she was not joking but later denied repeatedly she made such a threat.
The NBI had subpoenaed Duterte to appear before the agency in relation to the investigation but she decided not to, after her lawyer informed her that she could just send a counteraffidavit.
The NBI recommendation is part of a criminal process that will be handled now by a prosecution team of the Department of Justice (DOJ). It’s the DOJ who will decide when to start holding hearings for the preliminary investigation, if at all. They also have the discretion to dismiss it outright.
If they decide to issue subpoenas for her defense, Duterte will have to be summoned and take an oath on her counteraffidavit.
If they find probable cause, this will be the only time that they will file charges and Duterte will be considered charged.
This is a different process from the impeachment against Duterte. Santiago said it himself on Wednesday: “Yun pong impeachment ay political po ‘yan eh, Congress at Senate ang bahala diyan. ‘Yung amin po ay criminal aspect.”
(Impeachment is political, Congress and the Senate will handle that. We will handle the criminal aspect.)
While it is a legally separate procedure, it is expected to bolster the articles of impeachment that charge Duterte of committing culpable violation of the Constitution when she made those statements against Marcos and his kin. It’s also in the prerogative of House prosecutors to attach any criminal findings to their evidence.
Vice presidents are immune from suit. – Rappler.com