Vice President Sara Duterte has moved to dismiss the grave threats case filed against her before the Quezon City Regional Trial Court, Prosecutor General Richard Anthony Fadullon confirmed Thursday.

Fadullon said Duterte’s defense filed a motion to quash the information, with the prosecution given five days to submit its comment before the court resolves the matter.

“The prosecution was given a period of five days to file its comment to the same before it will resolve the issue,” Fadullon said.

The prosecution panel has yet to receive a copy of the motion and is currently relying on the court order directing it to submit a comment. Fadullon said prosecutors expect to obtain a copy before the end of the week.

He said the prosecution would determine its response after reviewing the grounds raised by Duterte’s lawyers.

Fadullon declined to speculate on how the court would rule on the motion.

The Department of Justice received the court order Wednesday, although it has yet to receive a copy of the defense motion.

“Most likely we anticipate that it could have been filed either Tuesday or Wednesday this week,” Fadullon said.

The DOJ filed grave threats charges against Duterte on 11 August over her controversial statements involving President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and former Speaker Martin Romualdez.

The case stemmed from the same matter previously investigated by the National Bureau of Investigation and raised during Duterte’s impeachment proceedings.

The DOJ, however, dismissed a separate complaint for inciting to sedition.

Duterte’s lawyer Paul Lawrence Lim confirmed that the defense filed a motion to quash the grave threats information, citing lack of jurisdiction.

Her lawyers declined to provide further details, saying the case is now sub judice.