The Department of Justice (DOJ) is investigating statements made by former President Rodrigo Duterte, who on Monday night urged the military to address what he described as "fractured governance" under the administration of President Ferdinand "Bongbong" Marcos Jr.

Justice Undersecretary Jesse Hermogenes Andres stated that Duterte's remarks, which included claims about Marcos being a "drug addict" and a call for military intervention, could be interpreted as seditious. “For him to invite the military to have a part in seeking remedy is bordering on sedition and is legally actionable,” Andres emphasized.

Context of Investigation

Andres said the investigation would also consider Vice President Sara Duterte's recent admissions and pronouncements, including her alleged threat to hire assassins should her life be in danger. “The threat issued by the Vice President is something that should also be factored in, whether this is really part and parcel of a bigger plan for destabilization,” he explained.

The DOJ is exploring the possibility of conspiracy and sedition charges, ensuring that all angles are thoroughly reviewed. “We will make the determination to file the appropriate case in observance of due process,” Andres stated.

Duterte's Controversial Statements

During his press conference, Duterte openly criticized the Marcos administration, questioning the military's loyalty if the President were indeed a “drug addict.” He added, “Nobody can correct Marcos, nobody can correct Romualdez… It is only the military who can correct it.”

Duterte’s comments, which also implicated Speaker Martin Romualdez, prompted strong reactions from lawmakers. Ako Bicol party-list Representative Raul Bongalon criticized the former president, stating, “That is an inappropriate statement because it does not call for peace and unity. It sows chaos in the country.”

Legal Framework and Expert Opinions

While the DOJ views Duterte’s remarks as potentially seditious, former Presidential Legal Counsel Salvador Panelo defended his statements, asserting they fall within the bounds of free speech. “His reminder to the military of its duty under the Constitution to protect the people is part of freedom of speech,” Panelo said.

He dismissed allegations of sedition, clarifying that Duterte’s statements did not involve force or intimidation, which are prerequisites for sedition under Article 139 of the Revised Penal Code.

Broader Implications

The DOJ’s probe also includes Vice President Sara Duterte's recent statements, which the administration views as significant in understanding the larger context of the situation. The Vice President had admitted to contemplating the use of hired killers as a countermeasure to threats against her life.

Despite these tensions, Andres reassured the public of the government’s stability. “Our courts are functioning. The Armed Forces of the Philippines is a professional organization that is loyal to the chain of command,” he said.

Political and Public Reaction

Several lawmakers have voiced confidence in the military’s loyalty to the Constitution. 1-Rider party-list Representative Rodge Gutierrez called the remarks a “smokescreen” to divert attention from issues surrounding the Vice President, particularly regarding confidential fund disbursements.

The House Committee on Good Government and Public Accountability is currently investigating the disbursement of these funds during Sara Duterte’s tenure as Education Secretary.