MANILA, Philippines — The legal team of Vice President Sara Duterte urged a Quezon City Regional Trial Court during Tuesday’s oral argument to quash the grave threats case filed against her by the Department of Justice (DOJ), arguing that impeachable officials cannot be criminally prosecuted while serving their term.
Lawyer Paul Lawrence Lim, Duterte’s counsel, told reporters after the hearing that the defense was not claiming impeachable officers were completely immune from prosecution, but rather that legal proceedings should be deferred until after their term ends.
The DOJ has recommended bail set at P120,000 for Duterte's temporary liberty, although no arrest warrant has been issued as of posting time.
The vice president’s counsel declined to disclose if she would voluntarily surrender should the court deny her motion and issue a warrant, stating only that "there are possible remedies that we can use.”
The motion to quash was filed on the ground of lack of jurisdiction, the Duterte camp said.
"This does not mean they are barred from being sued; it simply means that any legal action may not proceed while they are still in office," said Lim, explaining the defense's position that an impeachable official may be criminally charged only after leaving office.
The case stems from the vice president's remarks during a November 2024 online press conference, where she stated she had contracted someone to kill President Ferdinand Marcos Jr., first lady Liza Araneta-Marcos, and then Speaker Martin Romualdez should an assassination plot against her succeed.
The DOJ filed three counts of grave threats under Article 282 of the Revised Penal Code in relation to Section 6 of Republic Act 10175, or the Cybercrime Prevention Act.
Lim warned that allowing the criminal prosecution of a sitting vice president could set a dangerous precedent for other impeachable officials.
"If a sitting vice president may be indicted and prosecuted, then other incumbent impeachable officers such as the Ombudsman, members of the Constitutional Commissions, Supreme Court Justices, and even the President, may also be indicted and prosecuted," he said.
However, the DOJ maintained that Duterte was not immune from criminal prosecution, clarifying that only the sitting President enjoys such immunity under the Constitution, according to Undersecretary Jesse Andres.
Palace Press Officer Claire Castro echoed this position, saying "no one is above the law" and criticizing the defense's argument as potentially another "threat" against the President.
Legal precedents also challenge the defense's position.
Andres cited the case of former vice president and now Naga City Mayor Leni Robredo, who faced an inciting to sedition charge while in office, though it was eventually dismissed for lack of evidence.
Mamamayang Liberal Rep. Leila de Lima was also prosecuted and detained while then serving as a sitting senator.
The grave threats case is separate from the impeachment proceedings against Duterte, which are currently being heard before the Senate.
Prosecutor General Richard Fadullon emphasized that criminal cases and impeachment proceedings were distinct, noting that the lower court will ultimately determine whether the charges can proceed despite the vice president's status as an impeachable officer.
