Justice Undersecretary Jesse Andres clarified yesterday that the government was not moving to designate Vice President Sara Duterte as a terrorist, despite her self-declared kill order against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and House Speaker Martin Romualdez.
The DoJ official said the National Bureau of Investigation (NBI) issued a subpoena to Duterte precisely to give her an opportunity to explain herself.
Andres pointed out that the threat to kill the officials mentioned was clearly not just in Duterte’s mind as she admitted to having already acted on it by hiring a hitman.
“The Vice President is not being designated a terrorist. We’re not doing anything like that. She shouldn’t preempt the government. It’s her act of intimidation that she is being held to account for,” said Andres.
However, a terrorist designation may still be possible, after Andres referred to Section 4 of the Anti-Terrorism Law which defines actions intended to cause death or serious bodily injury as potential terrorist acts.
If she would be designated as such, it would come after a full appreciation of the facts and in strict adherence to the due process of the law, Andres said.
Duterte had said that she found it “funny” that an alleged violation of the Anti-Terrorism Law was being used to investigate her.
She compared her situation to that of former Negros Oriental Rep. Arnolfo Teves Jr., who is accused of masterminding the killing of Negros Oriental Governor Roel Degamo.
But Andres explained that Teves was labeled a terrorist in 2023 due to the numerous killings and other acts that spread fear in Negros Oriental.
He emphasized that they were not passing judgment on the Vice President’s statements until she had been given a chance to explain them. Duterte has said her “threat” was “maliciously taken out of logical context.”
No immunity
Andres stressed that all government officials, even impeachable ones like the Vice President, may be criminally charged. Only the President is immune from suit, he said.
He pointed to the cases against then vice president Leni Robredo who was charged with inciting to sedition during the administration of former president Rodrigo Duterte, and former senator Leila de Lima who faced drug-related charges while serving in the Senate.
“So being a high-ranking official is not an obstacle to accountability. That is what I have been trying to emphasize. No one is above the law. We cannot give special treatment to high-ranking officials compared to ordinary citizens,” he said.
Andres said that after the NBI completes its investigation, it will forward its evidence and recommendations to the DoJ which will open a preliminary investigation.
“It can be grave threats, it can be sedition, it can be a violation of the Anti-Terrorism Law. That law that was passed during the time of President Duterte is very strong,” he said.
“It can be a non-bailable offense. Having said that, we have to go through the process. Everybody should look at every letter of the law. A simple reading of the Anti-Terror Law will easily show that it is very possible for the acts of the Vice President to fall under that law,” he added.
Once the NBI concludes its probe and it is determined that criminal charges will be filed, judges will examine the information. If warranted, they will issue an arrest warrant to gain jurisdiction over the accused.
Andres said that under the Anti-Terror Law, if an official violates the law, the penalty is disqualification from public office after the trial and legal proceedings are completed.
He also explained that the President has no authority to suspend a sitting vice president; that power lies with the Office of the Ombudsman.
House gives way
Meanwhile, the House of Representatives has postponed its inquiry into Duterte’s use of confidential funds to accommodate the NBI investigation of the Vice President scheduled for today.
Committee on Good Government and Public Accountability chairperson Joel Chua told reporters on Thursday the decision was made to prevent Duterte from using the House hearing as an excuse to evade the NBI probe.
The committee allowed Duterte leave its hearing last Monday to attend to her special disbursing officer, Gina Acosta, who was rushed to the Veterans Memorial Medical Center after her blood pressure spiked to 150/100 during the inquiry into the OVP’s confidential funds.
Duterte promised the lawmakers she would appear at subsequent hearings.
Majority Leader Paolo Ortega defended the committee’s decision to reset its hearing, emphasizing that the NBI’s investigation takes precedence.
“These are both equally important proceedings. But it is also very important that the questions be answered and that the NBI investigate accordingly. It’s not a joke; these are grave threats,” Ortega said.
