MANILA, Philippines — The Department of Justice (DOJ) has rejected Vice President Sara Duterte’s claim of immunity from criminal prosecution, maintaining that presidential immunity is enjoyed solely by the President as chief executive.
DOJ spokesman Polo Martinez said the department filed the criminal case against Duterte because the constitutional immunity attached to the presidency did not extend to the vice president.
“The DOJ’s position is that presidential immunity is lodged solely in the president as chief executive,” Martinez said.
The DOJ’s position came after Duterte’s legal team challenged the jurisdiction of the Quezon City Regional Trial Court, arguing that she is an impeachable officer and enjoys limited procedural immunity while in office.
The dispute arose from the DOJ’s filing of three counts of grave threats against Duterte before QC RTC Branch 98 over her remarks during a November 2024 online press briefing.
Duterte had said she had contracted someone to kill President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and then-Speaker Martin Romualdez if an alleged plot against her life succeeded. The remarks also became part of the impeachment case against her.
The National Bureau of Investigation (NBI) had referred the matter to the DOJ after filing complaints for grave threats and inciting to sedition. Prosecutors eventually dismissed the inciting-to-sedition complaint but found sufficient basis to indict Duterte for grave threats under Article 282 of the Revised Penal Code in relation to the Cybercrime Prevention Act.
Duterte’s camp moved to quash the criminal charges and sought to defer or recall the arrest warrant, arguing that prosecuting a sitting vice president could have broad constitutional implications.
Her lawyers also pointed out that the alleged threats were already the subject of an impeachment charge before the Senate, raising questions over whether Duterte could simultaneously face criminal proceedings for the same conduct.
The QC RTC, however, rejected her plea. On September 4, Branch 98 found probable cause on all three counts and issued a warrant for Duterte’s arrest, setting bail at ₱120,000 for each count.
With the court’s ruling, the criminal case will proceed to trial unless Duterte succeeds in further legal challenges.
Her lawyer, Paul Lawrence Lim, said Duterte would not evade the law and would continue to pursue available legal remedies, despite the unresolved jurisdictional issues.
