13-2-2025 (MANILA) The National Bureau of Investigation (NBI) has lodged serious criminal charges against Vice President Sara Duterte, marking an unprecedented legal action against a sitting vice president in Philippine history. The charges, filed with the Department of Justice (DOJ) yesterday, stem from alleged assassination threats made against President Marcos and his family.
NBI Director Jaime Santiago announced that a six-member investigative panel unanimously concluded that Duterte should face charges of inciting sedition and grave threats. The allegations relate to statements made during an online press conference on 23 November 2024, targeting President Marcos, First Lady Liza Marcos, and House Speaker Martin Romualdez.
“Our comprehensive legal analysis led to a unified decision to pursue charges against the Vice President,” Santiago stated, speaking to journalists in Filipino. The matter now rests with the DOJ to determine whether to proceed with court action.
When approached for comment, the Vice President tersely responded with “as expected.”
The National Prosecution Service is currently reviewing the evidence before initiating preliminary investigations. Santiago, formerly a regional trial court judge, expressed confidence in the strength of their case, noting that five lawyers besides himself had scrutinised the evidence thoroughly.
The legal implications are particularly complex due to the cybercrime element. Under Philippine law, the penalty for grave threats committed online could reach reclusion temporal, potentially resulting in 12 to 20 years’ imprisonment if convicted. However, constitutional questions remain about whether a sitting Vice President can be imprisoned, as removal from office traditionally requires impeachment.
The charges coincide with Duterte’s ongoing impeachment proceedings, with the House of Representatives having already voted to impeach her. Senate President Francis Escudero clarified that these new criminal charges would not affect the impeachment process, stating they could “proceed simultaneously, precede, or follow” the Senate trial.
Former Supreme Court Justice Adolf Azcuna has emphasised the urgency of commencing the impeachment trial before President Marcos’s State of the Nation Address in July, citing potential complications with the transition to the 20th Congress following the 2025 elections.
The DOJ’s spokesperson, Mico Clavano, indicated that prosecutors must establish a prima facie case with reasonable certainty of conviction, focusing particularly on whether there was genuine intent to cause fear or intimidation, regardless of whether the threats were acted upon.
