THE Department of Justice (DOJ) yesterday took exemption to the accusation of Vice President Sara Duterte that the ongoing investigation of the National Bureau of Investigation (NBI) into her verbal threats against President Marcos Jr., First Lady Liza Araneta-Marcos and Speaker Martin Romualdez is allegedly “unfair.”
Contrary to her allegation, DOJ Undersecretary Jesse Andres said due process is being accorded to the Vice President, but “I do not understand why she does not want to be part of the process which could possibly exculpate her or get her out of criminal liability.”
“It is unfortunate, I should say, that the Vice President did not avail of that opportunity to present her side because due process is being afforded to her,” Andres said, referring to Duterte’s decision not to appear for the second time before the NBI which is investigating her remark that she has contacted someone to kill the Marcos couple and Romualdez in case she gets killed or if something bad happens to her.
The Vice President on Wednesday skipped the NBI inquiry and instead sent her legal team, which submitted a letter to the bureau denying that Duterte threatened the lives of the First Couple and the Speaker.
Wednesday’s hearing was the second time that Duterte ignored the NBI summons on its probe. She was originally set to appear last November 29 but asked to reschedule the proceedings citing the late receipt of the House of Representatives’ postponement of a hearing investigating her office’s alleged misuse of confidential funds that she was supposed to attend.
In a press conference also on Wednesday to justify her absence, Duterte said: “The NBI has decided to file cases against me even before they started their investigations. Kahit pa sabihin nila na may imbestigasyon, sa umpisa pa lang ay may desisyon na sila na mag-file ng cases (Even if they say there’s an investigation, right from the start they already have a decision to file cases).”
In its subpoena, the NBI asked Duterte to present evidence on its probe of alleged 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).
The summon also stated that that Duterte may have violated the Anti-Terrorism Act of 2020 (RA 11479), which was signed into law by her father, former President Rodrigo Duterte.
Reacting to the Vice President’s statement, Andres said: “Hindi tama na sabihing bias ang DOJ. Ang DOJ ay makikinig sa panig ng ating Vice President at sa lahat ng posibleng ebidensya na ihain at pati ng ibang testigo (It is wrong to say that the DOJ is biased. The DOJ will listen to the side of the Vice President and to all possible evidence and testimonies from witnesses).”
He added: “In all fairness, the NBI and the Department of Justice are just doing their duty to investigate and possibly prosecute the crime, if warranted, based on the evidence.”
“Kaya po binibigyan natin s’ya ng pagkakataon na ilahad ang buong katotohanan. Ngunit kami nga po ay hindi natutuwa na nasayang yung oportunidad at mukhang sarado ang kanyang isip na lumahok sa proseso ng batas (That is why we gave her the chance to tell us the truth. It is disappointing that she wasted that chance, and it seems that she has made up her mind about not participating in the process),” he also said, citing the Vice President’s statement that she has no plans of appearing before the NBI.
Being part of the process of investigation, Andres stressed, is an affirmation that everyone believes in the rule of law.
“Tinitiyak po namin sa Bise Presidente at sa lahat po ng mamamayan na ang Department of Justice po ay magiging patas at matuwid sa kanilang evaluation kung kailangan po mag-file ng kaso o hindi (We assure the Vice President and the public that the DOJ will always be fair in evaluating if there is a need to file cases or not),” he said.
“Pag sapat po ang ebidensya na magpapatunay na wala s’yang criminal liability (If there is sufficient evidence that she has no criminal liability), then expect the Department of Justice to make that decision fairly and squarely in the interest of justice,” he added.
NO PALACE HAND
Andres likewise decried allegations that the probe is being influenced by Malacañang.
“Hindi po tama ‘yun dahil po ang Department of Justice at ang mga korte at ang mga law enforcement agents ay institusyon po sa ating demokrasya. Hindi po tayo nagpapadikta kahit kanino at wala naman po pagdidikta (It is not right to say that because the Department of Justice, the courts and law enforcement agents are institutions of our democracy. We will not allow to be dictated upon by anybody and nobody is dictating to us),” he said.
In the letter submitted to the NBI, Duterte’s legal team said: “With respect, we must state the obvious that the Honorable Secretary of Justice is this office’s administrative superior, head of agency, and the President’s alter ego, while the Honorable Executive Secretary is the President’s chief alter ego. Given these facts, you will kindly understand our client’s prudence in her cooperation with your office, and her desistance from appearing at and giving any statement on 11 December 2024.”
“Wala pong dinidikta ang ating Pangulo sa amin at wala pong dinidikta ang kahit na sinuman (The President or anyone else is not dictating on us),” Andres said as he underscored that it is the DOJ’s mandate to investigate and prosecute crimes.
‘AIR YOUR SIDE’
Andres reiterated the DOJ’s appeal to Duterte to air her side before the NBI.
“Gusto natin siyang bigyan ng pagkakataon. Ang due process, binibigyan natin ang mga respondent sa subpoena ng NBI na magbigay ng kumpletong paliwanag para bigyan ng konteksto ang pahayag niya (We want to give her due process. As part of due process, respondents are given the time to explain their statements before the NBI to provide context to what she said),” he said.
“Yun ang nakakalungkot na ayaw niyang gamitin ang pagkakataon na ‘yon para bigyan ng tamang konteksto na kung ano ang katotohanan, maaari niyang ilahad sa NBI para magkaroon kami ng basehan ng evaluation kung tutuloy namin ang kaso o hindi (This is what is sad because she refuses to use the opportunity given her to provide the proper context to what she said. She should have appeared before the NBI, so that we will have the basis to evaluate whether to pursue cases against her or not),” he also said.
Andres said appearing before the NBI would also be chance for the Vice President to disclose information related to the alleged threats to her life.
“Kapag nilahad niya sa NBI ‘yan magkakaroon tayo ng follow-up investigation at obligasyon din natin na protektahan ang Bise Presidente dahil halal siya na opisyales ng bayan. Sayang hindi nagamit ang pagkakataon na ‘yon na humarap sa NBI para magbigay-linaw sa threats para matulungan din po natin sana ang ating bise-presidente (Once she gives information [about the threat], there will be a follow-up investigation. It is our investigation to protect the Vice President because she is an elected official. It is a pity that she was not able to do that [last Wednesday],” he said.
NBI Director Jaime Santiago said they are now compelled to continue with the probe without Duterte’s affidavit.
He added the NBI is expected to complete its probe by next month.
SECURING SARA
The Armed Forces yesterday said it will continue to secure the Vice President even after she expressed plans to hire private security agencies to protect her from alleged threats to her life.
In a press briefing at Camp Aguinaldo, AFP spokesperson Francel Margareth Padilla said the military is mandated to secure the Vice President from any threat.
“It is our mission… to protect the President, the Vice President and other dignitaries from harm and embarrassment. It is our mission, and we will perform it accordingly,” said Padilla.
The Armed Forces earlier said it was planning to recall and replace some members of the Vice Presidential Security and Protection Group (VPSP) amid controversies involving the Vice President.
On Wednesday, Duterte said she has written AFP chief Gen. Romeo Brawner Jr to inform him that she would no longer accept replacement soldiers in the VPSPG.
Duterte said she is considering hiring security from private security agencies to secure her amid the threats to her life.
Padilla declined to give a categorical answer when asked for comments about Duterte’s plan to hire private security personnel.
“We will continue to perform our mandate accordingly. The AFP will provide security (to the Vice President) accordingly. We will make sure that the security of the Vice President will not be compromised,” she said.
Padilla said soldiers who are assigned to the VPSPG have undergone training.
“We’re not assigning (personnel) who lack the capability to perform such mission,” she said, stressing that securing the top leaders of the country “is not just a duty” but a “steadfast commitment.”
“While we won’t divulge operational details or playbook for this, rest assured that the Armed Forces of the Philippines will always ensure the safety and dignity of our dignitaries and our top leaders. And we will make sure that their security is uncompromised. Our mission is clear and our resolved is unwavering. Our leaders’ security is our top priority,” she added.
As to when the soldiers from the VPSPG will be recalled and replaced, Padilla said the military was still “in the process of arranging the orders.” – With Victor Reyes
