The National Bureau of Investigation (NBI) filed criminal charges for inciting to sedition and grave threats against Vice President Sara Duterte on Wednesday, 12 February, for the alleged threats she hurled against President Ferdinand Marcos Jr., First Lady Liza Araneta Marcos and House Speaker Martin Romualdez.

NBI Director Jaime B. Santiago said the charges were filed before the Department of Justice (DoJ).

DoJ Prosecutor General Richard D. Fadullon said the complaint “will again be evaluated to determine if the evidence is complete.”

“If it is, then that is the only time it can be referred for preliminary investigation,” Fadullon pointed out.

He said that pending the results of the evaluation, they cannot say anything in order not to preempt the results and prejudice the rights of any party.

Under the law, sedition is a crime committed by persons “who rise publicly and tumultuously to attain by force or intimidation, or by other means outside of legal methods, destructive social, economic or political objectives, usually resulting in the disruption of the public peace.”

Inciting to sedition is the “unlawful act of a person who, without taking any direct part in the crime of sedition, would incite others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or the act of any person who utters seditious words or speeches, writes or publishes or circulates scurrilous libels against the government or the duly constituted authorities.”

On the other hand, a grave threat under Article 282 of the Revised Penal Code (RPC) “is treated as a serious offense as it involves a threat of harm to a person’s life, honor, or property.”

According to Santiago, under the procedures, “all cases filed by law enforcement officers shall be filed with the prosecutor’s office.”

Also, Santiago said the prosecutor’s office shall conduct a preliminary investigation on whether or not to file a case in court.

Midnight presscon

The charges stemmed from the statements made by VP Duterte during an online press conference in November last year.

In the midnight press conference, Duterte said she had instructed someone she did not identify to assassinate the President, the First Lady, and the House Speaker in the event she herself were killed.

The NBI summoned Duterte twice to shed light on her statement but the Vice President snubbed the summons.

Santiago said that if Duterte had appeared, investigators could have asked her to whom she gave the kill order.

No surprise

The filing of charges did not come as a surprise to the Vice President. In a short statement, Duterte said she expected it.

“As expected,” she told reporters in a Viber message.

Meanwhile, Senate President Francis “Chiz” Escudero on Wednesday reminded his fellow lawmakers in the upper chamber to refrain from commenting on the looming impeachment trial to ensure impartiality.

“My only interest is to ensure and maintain fairness, equality of the court, and the credibility of any decision made by the impeachment court,” Escudero told reporters in an interview on Wednesday.

The Senate President emphasized the role of his colleagues as judges of the impeachment court during the trial of the Vice President.

Escudero earlier said the impeachment trial “will most likely” begin when the 20th Congress is convened.

The new Congress will convene after President Ferdinand Marcos Jr. delivers his State of the Nation Address in July.

Escudero noted that the impeachment court will convene right after the trial rules are laid down.