Sara asks SC to void grave threats indictment

Vice President Sara Duterte has asked the Supreme Court to declare her indictment on three counts of grave threats unlawful and nullify the criminal cases against her.

In a 28-page petition, Duterte challenged the Department of Justice’s 7 August 2026 resolution recommending her indictment and the subsequent filing of three criminal informations before the Quezon City Regional Trial Court.

She asked the high court to issue a temporary restraining order or writ of preliminary injunction stopping the proceedings and further prosecution while she remains vice president.

The petition seeks to nullify the DOJ resolution and the informations filed in Criminal Case Nos. R-QZN-26-06956, R-QZN-26-06957 and R-QZN-26-06958.

The cases 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.

The petition named Justice Secretary Frederick Vida, the National Prosecution Service through Prosecutor General Richard Anthony Fadullon and the National Bureau of Investigation Cybercrime Division as respondents.

Duterte argued that the DOJ acted without jurisdiction or with grave abuse of discretion when it ordered her indictment and caused the filing of the criminal cases.

She claimed that, as an incumbent impeachable official, she enjoys “limited procedural immunity” from criminal prosecution while in office.

Duterte argued that allowing the prosecution to proceed would violate the constitutional structure governing impeachable officials and undermine the separation of powers.

The Constitution provides impeachment as the process for removing impeachable officials, and criminal prosecution should not be used to indirectly accomplish what cannot be done outside that process, she said.

Duterte also argued that penalties attached to the alleged offenses, including those that could affect her qualification to hold public office, could effectively remove or disqualify her without an impeachment conviction.

She claimed that allowing the criminal justice system to interfere with the tenure of an impeachable official would disrupt the vice president’s functions and disturb the balance among the branches of government.

The petition cited Supreme Court decisions and constitutional principles involving impeachment, separation of powers, judicial review and the independence of constitutional institutions.

It also described the vice presidency as a “President in reserve,” arguing that the office has an important constitutional role because its occupant may be called upon to assume the presidency.

Duterte claimed the proceedings could impair both the performance of her duties and her readiness to assume the presidency should the need arise.

The grave threats cases arose from statements attributed to Duterte involving President Ferdinand Marcos Jr., first lady Liza Araneta-Marcos and former House Speaker Martin Romualdez.

The NBI Cybercrime Division investigated the matter and filed a complaint for one count of inciting to sedition and three counts of grave threats.

Duterte invoked immunity from suit in her counteraffidavit during the preliminary investigation.

The DOJ later ordered her indictment, leading to the filing of the three criminal informations on 11 August 2026.

Duterte said her petition was filed within the 60-day period prescribed under Rule 65 of the Rules of Court for petitions for certiorari and prohibition.

She cited a separate case involving her immunity claim as an incumbent impeachable official. A petition for declaratory relief she filed before the San Juan Regional Trial Court in December 2024 is now pending before the Supreme Court as a petition for review on certiorari.

In her latest petition, Duterte asked the high court to resolve the immunity issue and stop the grave threats proceedings while the case is pending.