The National Bureau of Investigation (NBI) has taken legal action against Vice President Sara Duterte, filing charges of grave threats and inciting to sedition with the Department of Justice (DOJ). This move comes after Duterte’s controversial statements about hiring an assassin to target President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and House Speaker Martin Romualdez in retaliation for an alleged plot against her life.
NBI Director Jaime Santiago explained that the decision to file these charges followed a detailed review of the situation. Despite being invited twice by the NBI to participate in the investigation last year, Duterte did not attend. Santiago emphasized that it is now up to Duterte to respond to the charges during the preliminary investigation, where prosecutors will determine whether to proceed with a court case.
Santiago noted that the process depends on the discretion of the prosecutors, who will decide whether to summon Duterte or any witnesses. He also mentioned a recent directive that requires prosecutors to only pursue cases with a high likelihood of conviction. Additionally, the NBI has yet to identify the alleged assassin mentioned by Duterte.
Chief State Prosecutor Richard Anthony Fadullon stated that the National Prosecution Service is currently evaluating the complaint. He stressed the importance of not prejudging the outcome to ensure fairness to all parties involved.
The DOJ, under Department Circular No. 20, requires prosecutors to assess whether there is a prima facie case with a reasonable certainty of conviction. This involves gathering sufficient evidence, allowing the respondent to submit a counter-affidavit, and determining if the case meets the threshold for court filing or should be dismissed due to insufficient evidence.
The DOJ clarified that the crime of grave threats involves statements that pose a real and imminent danger to specific individuals, focusing on the intent behind the words rather than the recipient’s reaction. Similarly, inciting to sedition involves statements that threaten public order, with the intent to incite violence or unrest being the key factor, not the occurrence of actual unrest.
The DOJ reaffirmed its commitment to upholding the rule of law and ensuring due process in all legal proceedings.