Sara asks SC: Stop grave threats case
Duterte claimed that, as an incumbent impeachable official, she enjoys ‘limited procedural immunity’ from criminal prosecution while in office.
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Duterte claimed that, as an incumbent impeachable official, she enjoys ‘limited procedural immunity’ from criminal prosecution while in office.
Vice President Sara Duterte has asked the Supreme Court (SC) to immediately halt the criminal proceedings against her over three grave threat charges, arguing that the case could advance beyond the point where judicial relief would remain effective.
In an urgent motion, Duterte’s lawyers urged the High court to act on her pending plea for a temporary restraining order and/or writ of preliminary injunction before the 11 September, 8:30 a.m. arraignment and pretrial set by Quezon City Regional Trial Court Branch 98.
“The imminent arraignment and pre-trial demonstrate that the criminal proceedings are not merely threatened but are actively and rapidly progressing,” the motion said.
Duterte’s 28-page petition asked the SC to declare illegal the Department of Justice’s 7 August resolution recommending her indictment and to nullify the three criminal informations filed against her before the QC RTC.
The cases, docketed as Criminal Case R-QZN-26-06956, R-QZN-26-06957 and R-QZN-26-06958, involve alleged grave threats under Article 282 of the Revised Penal Code in relation to Section 6 of Republic Act 10175, or the Cybercrime Prevention Act.
Duterte’s lawyers named Justice Secretary Fredderick Vida, National Prosecution Service Prosecutor General Richard Anthony Fadullon, and the National Bureau of Investigation Cybercrime Division as respondents.
‘Immunity’ cited
The petition argued that the DoJ acted without jurisdiction and with grave abuse of discretion in ordering her indictment and causing the filing of the criminal cases.
Duterte claimed that, as an incumbent impeachable official, she enjoys “limited procedural immunity” from criminal prosecution while in office.
She argued that allowing the cases to proceed would violate the constitutional framework governing impeachable officials and undermine the separation of powers.
The Constitution provides for impeachment as the process for removing impeachable officials from office, Duterte said, arguing that a criminal prosecution should not be used to accomplish indirectly what cannot be done directly outside that process.
She also said penalties that may affect a person’s qualification to hold public office could effectively result in her removal or disqualification without an impeachment conviction.
The petition further argued that criminal proceedings could interfere with the constitutional tenure and functions of the Vice President, who Duterte described as a “President in reserve” because the officeholder may be called upon to assume the presidency.
Arrest order
Duterte said the prosecution would impair both her present duties and her readiness to assume the presidency if required by the Constitution.
The grave threat cases stemmed from statements attributed to Duterte threatening to have President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker Martin Romualdez assassinated if she herself were killed.
The NBI Cybercrime Division investigated the matter before filing a complaint that included one count of inciting to sedition and three counts of grave threats. Duterte invoked immunity from suit in her counter-affidavit during the preliminary investigation.
The DoJ later ordered her indictment, followed by the filing of the three informations before the QC RTC on 11 August.
The RTC subsequently issued an arrest warrant on 4 September after finding probable cause to hold Duterte for trial. It set bail at P120,000 for each count.
Duterte posted P360,000 bail on 5 September but maintained her challenge to the trial court’s jurisdiction.
Her lawyers said allowing the 11 September arraignment and pretrial to proceed would “irreversibly deprive” Duterte and her office of the constitutional protection she is asking the SC to enforce.
The QC court had earlier rejected Duterte’s effort to quash the criminal case on jurisdictional grounds.
Duterte filed the SC petition within the 60-day period under Rule 65 of the Rules of Court for petitions for certiorari and prohibition.
She also asked the SC to consider a separate legal battle over her claimed immunity as an incumbent impeachable official.
A declaratory relief case she filed before the San Juan RTC in December 2024 is pending before the SC as a Petition for Review on Certiorari in G.R. E-05721.
