Sen. Robin Padilla questioned the arrest warrant issued by a Quezon City court against Vice President Sara Duterte, arguing that the Vice President should enjoy immunity from suit while in office.

In a manifestation on Monday, Padilla also questioned the Senate’s position on the separate grave threats case against Duterte, noting that the impeachment court is already hearing allegations involving the same offense.

Senate President Win Gatchalian and members of the majority did not respond to Padilla’s call for clarification. Gatchalian had earlier said the criminal case before the Quezon City Regional Trial Court would not affect Duterte’s ongoing impeachment trial because impeachment is not a criminal proceeding.

The Constitution does not extend presidential immunity from lawsuits to the Vice President. Padilla, however, argued that the protection should also cover the Vice President as an impeachable official and successor to the President.

Padilla cited Supreme Court rulings, including David v. Macapagal-Arroyo and Ombudsman v. Court of Appeals, in support of his position. He maintained that the criminal case against Duterte should proceed only after her term ends in June 2028, regardless of the outcome of the impeachment proceedings.

Duterte faces three counts of grave threats over her 23 November 2024 remarks that she had contracted an assassin to kill President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and then-House Speaker Martin Romualdez if she were killed.

The Quezon City RTC issued the arrest warrant less than a month after the Department of Justice filed the same charges against Duterte.

Duterte has maintained that her remarks were “maliciously taken out of logical context.” She posted P360,000 bail on Saturday, or P120,000 for each of the three charges, and remains free while the criminal case proceeds.