Philippines: Vice President Sara Duterte faces allegations of threats, sedition
BERNAMA
13/02/2025
The recommendation to file the case was made after a thorough assessment, despite Sara Duterte failing to attend two NBI invitations for investigations in November and December last year. -AP
MANILA: The Philippines' National Bureau of Investigation (NBI) on Wednesday filed serious and seditious threats charges against Vice President Sara Duterte in the Department of Justice (DOJ).
The Philippine News Agency (PNA) reported that, in a media briefing, NBI Director Jaime Santiago said the case was filed following Duterte's earlier statement that he hired someone to assassinate President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and House Speaker Martin Romualdez if the alleged murder plot against him was successful.
Santiago said the recommendation to file the case was made after a thorough assessment, despite Duterte's failure to attend two NBI invitations for investigations in November and December last year. He said it was up to the vice president to choose to answer the charges before the public prosecutor, who would decide whether to file the case before the court.
"It depends on the proceedings in the prosecutor's office, and whether or not he wants to leave is up to him," Santiago said.
"All cases filed by law enforcement officers will be filed before the public prosecutor's office, and the public prosecutor's office shall conduct a preliminary investigation to determine whether to file charges or not. They may decide to call VP Sara or a witness."
The NBI chief said this was in line with a recent directive requiring prosecutors to only pursue charges that have a reasonable level of probability to result in a conviction.
Santiago also admitted that they have yet to identify the alleged hitman.
Meanwhile, chief public prosecutor Richard Anthony Fadullon said the National Prosecution Service would assess the complaint.
"As long as the assessment results are pending, we cannot comment further at this time so as not to preempt the decision and affect the rights of any party," he said.
Meanwhile, the Department of Justice (DOJ) said under Department Circular No. 20, the investigating prosecutor must determine whether, based on the evidence, there was a prima facie case with a reasonable level of confidence to produce a conviction.
"A prima facie case is formed by evidence that, if not disputed, would be sufficient to prove all elements of the crime. The process will go through the necessary case building to ensure that there is sufficient evidence and that the respondent is not improperly brought to court," the DOJ said in a statement.
It said the process involved requiring respondents to submit counter-affidavits, examine evidence from both sides, and assess whether the case met a higher level of evidence to be filed in court or whether the case should be dismissed due to lack of evidence.
"The crime of serious threat provides for punishment for statements that pose a real and immediate danger to a particular individual, regardless of whether the injury actually occurred or not.
"The Supreme Court has ruled that what matters is the intent behind the words – whether they are intended to convey a serious threat or create fear. It is not necessarily that the recipient is really scared or takes the words seriously; What is important is that the statement was made with the intention of creating intimidation or fear. This will be assessed by the prosecutor based on the evidence presented," explained the DOJ.
Instead, the DOJ said the crime of sedition punishes statements that pose a real and immediate threat to public order, regardless of whether or not chaos actually occurs.
"While freedom of expression is protected, the Supreme Court has consistently ruled that it does not include speech that incites violence, insurrection, or disorder.
"The law does not require that an illegal act actually take place - all that is required is that the statement is made with the intention of provoking public unrest or disturbing stability. This is what the prosecutor will judge based on the evidence presented."
The DOJ assures the public that it remains committed to upholding the rule of law and ensuring that the justice process is strictly implemented in all legal proceedings.
--BERNAMA
