The Department of Justice (DoJ) said only the sitting president of the Republic has immunity from suit, not the vice president, according to the Philippine Constitution.

“Maliwanag na maliwanag para sa akin na ang binibigyan ng immunity from suit ayon sa ating Konstitusyon ay ang Pangulo lamang. That immunity applies only during his term,” said Justice Undersecretary Jesse Andres.

Meaning, Andres said that all government officials, even if they are impeachable officers, can be charged criminally.

Andres said that, in truth, there is a pending case before the Supreme Court wherein a lawyer is asking the court about a disbarment case against an impeachable officer, a Supreme Court justice.

“Ang sabi ng Korte Suprema, hindi n’yo pwede gawin ‘yung disbarment during the time naka-upo pa at hindi pa naiimpeach ang opisyales. Kasi itong disbarment na ‘to matatanggal ang authority to practice law, and authority to practice law is a requirement for you to be a Supreme Court justice,” said the DoJ official.

Andres said there is a need to impeach the erring official before filing a disbarment case against him.

In the case of the Vice President, it is not a requirement for her to be a lawyer, since she/he can be VP even if she/he is not a lawyer.

“So ‘yung sinasabi nilang kaso kay Raul Gonzales, hindi po nag-aaply ‘yan sa kaso na ito. Sa katunayan, nagkaroon na tayo ng precedent, si Vice President Leni Robredo noong araw noong kapanahunan ni past President Duterte, nakasuhan din po s’ya ng inciting to sedition at Department of Justice acquired jurisdiction and took cognizance of the case without any question on its jurisdiction. Although eventually, nadismiss ‘yan dahil ebidensya laban kay VP Leni during that time,” said Andres.

(The case of Raul Gonzales they are mentioning is not applicable in this case. There is already a precedent, in the case of Vice President Leni Robredo during the time of past President Duterte. She was charged with inciting to sedition, and the DoJ acquired jurisdiction and took cognizance of the case without any question on its jurisdiction. Although eventually, it was dismissed because of the lack of evidence against the VP during that time.)

The DOJ official said even sitting officials have been prosecuted, mentioning the case of former Senator Leila de Lima. As a sitting senator, she was charged and put in jail, and former Sen. Trillanes, a sitting senator, was also charged and put in jail.

“Kaya hindi po hadlang for accountability the fact that they are high-ranking officials. That is what I have been trying to emphasize. No one is above the law. Hindi tayo pwedeng magbigay ng ibang trato sa mataas na opisyales kaysa sa ordinaryong tao.”

The DoJ official said they will observe the process of rules of procedure. After the National Bureau of Investigation conducts its investigation, it will refer its recommendations and all the collated evidence to the DoJ for preliminary investigation.

The NBI will determine if there is enough evidence to support the criminal charges. “It can be grave threats, it can be sedition, it can be a violation of the Anti-Terrorism Law. This law is very strong, which was passed during the time of President Duterte.”

Based on the provision of the said law, if there is a plan to harm, bodily harm, injury, or threaten death on an individual—most importantly a public officer—and intended to cause destabilization of the government or to sow fear, the DoJ will look into the context, and there is liability aside from the big penalty of the law.

“It can possibly be a non-bailable offense. Having said that, we have to go through the process. Everybody should look into every letter of the law. Because 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 the Anti-Terror Law,” said Andres.

Once the probe of the NBI is finished and it is determined that a criminal charge will be filed according to the law, the judges will have to examine the information, and if warranted, they will issue an arrest warrant to acquire jurisdiction over the person of the accused.

Andres said under the Anti-Terror Law, including its implementing rules and regulations, if a person violated the law and is a public official, the penalty is disqualification from public office after trial, once the legal proceedings are completed.

He explained the President of the country has no authority to suspend a sitting vice president; the one who has the power is the Office of the Ombudsman.

“Ang Presidente po walang karapatan na magsuspend ng VP dahil… Ang posibleng pwedeng magsuspinde ng public officials ay ang opisina ng Ombudsman. Sa OP po, doon lang sa mga executive branch, sa mga local government executives. We have to afford the Vice President the full opportunity to present her side and at the same time for the law enforcement agencies and all.”