Vice President Sara Duterte is facing three counts of grave threats over her controversial remarks involving President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and then-House Speaker Martin Romualdez, opening a criminal proceeding over statements also being examined in her impeachment trial.

The Department of Justice confirmed Tuesday that the complaint was filed at around 1:30 p.m. before the Office of the Clerk of Court of the Quezon City Regional Trial Court.

Duterte’s lawyer, Paul Lawrence Lim, said the vice president had anticipated the charges.

“Under prevailing circumstances, we have anticipated and prepared for such an outcome,” Lim said.

“Under our laws, the Vice President continues to be presumed innocent and is confident that the charges against her will ultimately be dismissed,” he added.

The DOJ dismissed the National Bureau of Investigation’s separate complaint for inciting to sedition.

‘Maliciously taken out of context’

The charges stem from Duterte’s remarks on 23 November 2024, when she said she had instructed an assassin to kill Marcos, the first lady and Romualdez if she herself were killed.

Duterte has denied issuing an actual assassination order, saying her remarks were “maliciously taken out of logical context.”

The National Security Council, however, treated the remarks as a national security concern and coordinated with law enforcement and intelligence agencies to assess the alleged threat.

The NBI later recommended three counts of grave threats and one count of inciting to sedition. Only the grave threats charges proceeded.

Same remarks, two proceedings

The criminal case puts Duterte in the position of defending the same remarks in two separate proceedings.

In her impeachment trial, prosecutors have cited the statements as part of their case for her removal from office. Her defense has questioned whether the remarks demonstrated an actual intent or plan to kill the president.

Lim also questioned whether the criminal case may proceed while Duterte remains a sitting impeachable official and the same conduct is under consideration in the impeachment trial.

“Equally important, as a sitting impeachable officer, the Vice President may not be prosecuted for an alleged offense that is also the subject of an impeachment case,” Lim said.

The 1987 Constitution states that an impeachment judgment is limited to removal from office and disqualification from holding public office, while the official remains liable to prosecution, trial and punishment according to law.

“Given these serious legal issues, the Vice President will exercise all available legal remedies in due course,” Lim said.