Vice President says charges ‘expected’
THE National Bureau of Investigation (NBI) yesterday filed before the Department of Justice (DOJ) charges of inciting to sedition and grave threat against Vice President Sara Duterte over her public statement that she has contracted someone to kill President Marcos Jr., First Lady Liza Araneta-Marcos and Speaker Martin Romualdez if she gets killed.
The Vice President only issued a two-word reaction to the NBI’s recommendation: “As expected.”
The Office of the Vice President (OVP), however, said that considering the seriousness of the matter, Duterte reserves the right to issue a longer response at another time she chooses.
In a press briefing, NBI Director Jaime Santiago said the recommendation will be evaluated by the government prosecutors.
“Yun nga po inciting to sedition and grave threats ang ipinayl namin. Doon lamang po mag-we-weigh ang DOJ whether isampa yung dalawa or isa lang or i-dismiss. ‘Yun lang ang magiging aksyon ng ating mga prosecutor (We have filed inciting to sedition and grave threat complaints. We have submitted this to the DOJ, and they will weigh the evidence whether to file the two or only one or dismiss the case. That will be the only action to be undertaken by prosecutors),” Santiago said.
Prosecutor General Richard Anthony Fadullon said state prosecutors will determine if the evidence submitted by the NBI is complete.
“If it is, then that is the only time it can be referred for preliminary investigation. Pending the results of the evaluation, we cannot say anything more for now, in order not to preempt the results and prejudice the rights of any party,” Fadullon said.
Duterte was investigated by the NBI in connection with her statements during an early morning online press briefing in November 2024 that she had ordered someone to kill the President, the First Lady and the Speaker Romualdez if an alleged plot to assassinate her succeeds.
“Huwag kang mag-alala sa security ko kasi may kinausap na ako na tao. Sinabi ko sa kanya, ‘pag pinatay ako, patayin mo si BBM, si Liza Araneta, at si Martin Romualdez (Do not worry about my security because I’ve already spoken to someone. I told that person to kill BBM, Liza Araneta and Martin Romualdez if I were to be slain),” the Vice President said during the presser in response to a comment of a mediaman.
She added she instructed the supposed assassin not to stop until he killed the three.
Duterte made the remarks as she slammed the order of a committee of the House of Representatives to transfer lawyer Zuleika Lopez, her chief of staff, from the House detention facility to the Correctional Institution for Women in Mandaluyong City after she was cited in contempt for supposedly attempting to interfere in the panel’s investigation into Duterte’s alleged find misuse at the OVP and the Department of Education when she was the concurrent education secretary.
Santiago said the NBI failed to track down the supposed gunman mentioned by Duterte.
“Sana ‘yun kay Ma’am VP, tatanungin naming sino ba yung inutusan mo? (We wanted to ask Ma’am VP who was the person that she hired),” he said, adding one of the reasons why the NBI invited several members of the media and vloggers who covered Duterte’s press briefing when she made the alleged threat was to find out if they can shed light on the identity of the supposed gunman.
“But then, our effort proved futile. Hindi naming ma-identify,” he said.
Duterte was invited several times by the NBI to attend the probe, but she refused to do appear investigators even after a subpoena letter was issued to her.
She instead submitted a letter through her lawyers denying the accusations against her.
She also said that her supposed “assassination threat” against the Marcoses was taken out of logical context and that her remark was not an actual threat and that she purportedly made it just to highlight the alleged threat to her life.
Malacañang referred to Duterte’s threat as an “active threat” to the President, which prompted the Presidential Security Group to upgrade its security for the President and his family.
Santiago said they considered Duterte‘s failure to appear before the NBI for investigation as a waiver of her right to answer the charges.
FOR EVALUATION
In a statement, the DOJ said the complaints for inciting to sedition and grave threat, in relation to Republic Act 10175 or the Cybercrime Prevention Act of 2012, filed by the NBI will undergo evaluation by state prosecutors to check if there is sufficient evidence to warrant the filing in court.
“With the filing of the complaint, the case will now undergo evaluation and preliminary investigation before the National Prosecution Service,” it said.
“The process will undergo case build up as needed to assure that there is sufficient evidence and that the respondent is not unduly haled to court,” it added.
Under DOJ Department Circular No. 20, investigating prosecutors are required to first determine if there is a prima facie case with reasonable certainty of conviction before charging anyone in court.
A prima facie case, according to the DOJ, is established by evidence which, if left uncontroverted, will be sufficient to establish all the elements of the crime charged.
During the DOJ preliminary investigation, state prosecutors is expected to require Duterte to submit a counter-affidavit, review the evidence from both parties, and assess whether the case meets the higher threshold of evidence for filing in court, or whether the case should be dismissed for lack of evidence.
The crime of grave threats penalizes statements that create real and imminent danger to specific persons, regardless of whether actual harm occurs.
The DOJ said the Supreme Court has ruled that what matters in such a case is the intent behind the words — whether they were meant to convey a serious threat or instill fear.
“It is not necessary that the recipient actually feels intimidated or takes the words seriously; what is crucial is that the statement was made with the purpose of creating intimidation or fear. This is what the prosecutors will evaluate based on the evidence presented,” it said.
On the other hand, the crime of inciting to sedition penalizes statements that pose a real and imminent threat to public order, regardless of whether actual unrest occurs.
The DOJ stressed that while freedom of speech is protected, the SC has consistently ruled that it does not extend to speech that incites violence, rebellion, or disorder.
“The law does not require that an unlawful act be carried out — only that the statement was made with the intent to stir public unrest or disrupt stability. This is what the prosecutors will evaluate based on the evidence presented,” it added.
The DOJ assured Duterte of fairness and due process in the conduct of the preliminary investigation.
Senate President Francis Escudero said the NBI recommendation will not have an impact on her impeachment trial.
“Walang epekto yun sa napipintong impeachment proceedings. Walang bearing ‘yun at walang kinalaman yun doon. Sa katunayan, puwedeng magpatuloy yan nang sabay, puwedeng mauna, puwedeng sumunod. Wala siyang bearing sa impeachment proceedings na isasagawa ng Senado (That [NBI cases] will not have an impact on the impeachment proceedings. They have no bearing or do they have anything to do with the impeachment trial. In fact, the impeachment trial and the court hearings can be held simultaneously, or one can be held one after the other. It has no bearing on the impeachment proceedings that the Senate will conduct),” Escudero said in a press conference.
He said it would be up to the House prosecutors if they want to subpoena the evidence in the possession of the NBI in relation to the grave threat and sedition charges.
“An impeachment court, like any court, is a passive body. We will not do anything. It is not like conducting a Senate investigation that the committee will issue subpoenas to compel the presentation of evidence or attendance of witnesses. It will be the job of the prosecution and defense to ask proper authorities to furnish them with the evidence which they will present before the impeachment court. The impeachment court’s job is to decide whether it will allow or not the presentation of such evidence,” he added in Filipino.
Administration lawmakers at the House said the NBI’s decision will strengthen the impeachment case against Duterte.
“It would really strengthen our position that indeed the Vice President committed criminal acts such as grave threats and inciting to sedition, which the National Bureau of Investigation has found out that there is indeed sufficient evidence against the Vice President,” said Rep. Raul Angelo Bongalon (PL, Ako Bicol), a prosecutor in the impeachment case.
Bongalon said the NBI’s recommendation “provides substantial support to the impeachment case, as it highlights the severity of the allegations against VP Duterte.”
Manila Rep. Ernesto Dionisio said the NBI’s move “underscores the importance of accountability at the highest levels of government, especially if that accountability is criminal in nature.”
“It is imperative that our leaders uphold the law and maintain the trust of the people,” Dionisio said. “The NBI’s recommendation shows the seriousness of the allegations against the Vice President. Those who violate the law should be held accountable, especially those in high positions,” he said in Filipino.
La Union Rep. Paolo Ortega V said the NBI’s findings “reinforce the need for a thorough and impartial impeachment trial,” adding that the development “should serve as a reminder that no one is above the law, and our democratic institutions must function without fear or favor.”
“The charges recommended by the NBI are serious and warrant a comprehensive examination during the impeachment process,” Ortega said. “It was really expected because they (Duterte’s camp) don’t even know how to delay it because it was live, there was a video when she said it. So, it’s obvious that there’s an attempt on the President’s life,” he said.
NO BASIS
Former Chief Presidential Legal Counsel Salvador Panelo said NBI has no basis, “in fact and in law,” in filing the charges against the Vice President.
Panelo, who served as legal adviser of the Vice President’s father, former President Rodrigo Duterte, said Santiago should go back to law school as he stressed that the NBI’s recommendation was baseless.
“His agency’s recommendation to file criminal charges of grave threats and inciting to sedition against VP Sara has no basis in fact and in law. It obviously is tainted with politics, and still part of the demolition job on her by her political enemies to put her out of contention in the presidential race of 2028,” he said in a statement. – With Wendell Vigilia, Raymond Africa and Jocelyn Montemayor
Panelo added that “there can be no crime of a ‘threat’ from the grave.”
He said the Vice President did not publicly and tumultuously incited the people to perform acts of sedition as defined by law, or to go against authorities, or to stop the enforcement of laws.
Panelo said the NBI should focus on stopping criminals from committing crimes or filing charges against them “instead of harassing VP Sara with ludicrous and baseless criminal complaints.”
