EXPLAINER: Why was no mugshot taken of Sara Duterte in the grave threats case?

A day after an arrest warrant was issued against Vice President Sara Duterte, she appeared before a court on Saturday to voluntarily surrender and post bail.

On Friday, the Quezon City Regional Trial Court Branch 98 issued a warrant of arrest against Duterte for three counts of grave threats after finding probable cause to hold her for trial.

The case stemmed from Duterte’s November 2024 remarks that she had ordered a person to kill President Ferdinand Marcos Jr., his wife, Liza Araneta Marcos, and then-Speaker Martin Romualdez if she were killed.

Bail was set at P120,000 for each count, requiring Duterte to post a total of P360,000.

Duterte’s legal counsel said her appearance before the court constituted a voluntary surrender. They also confirmed that the arrest warrant had been lifted following her appearance and the posting of bail.

However, Duterte did not have an official mugshot taken during the booking process. Instead, her camp submitted photos of her to the court.

Duterte’s counsel, Atty. Paul Lawrence Lim, said a mugshot was unnecessary because such photographs are typically taken by police when a person is arrested.

“Hindi kailangan, kasi yung mugshot, yung kinukuha ng mga pulis 'yun lang ay pag inaresto. Again, the Vice President voluntarily appeared,” Lim said.

(It wasn't necessary because mugshots are only taken by police when a person is arrested. Again, the Vice President voluntarily appeared.)

Lim said Duterte nevertheless underwent the standard booking procedures for an accused person, including fingerprinting.

“Kasama lahat ng mga usual, yung picture, yung fingerprint,” he said.

(It included all the usual steps, such as taking her picture and fingerprints.)

"She went through the same process as any accused individual. There was no special treatment—she submitted all the requirements and posted bail."

Quezon City Police District Public Information Office chief Police Major Jennifer Gannaban said Duterte was allowed to submit her own photographs for the booking and bail process because she voluntarily surrendered to the court.

"Since wala naman pong arrest na nangyari by the law enforcement dahil dumerecho naman po si VP sa court, sumunod na po tayo doon sa process as dictated by the court," she told reporters.

(Since there was no arrest by law enforcement because the Vice President went directly to court, we followed the process dictated by the court.)

"Voluntary surrender naman po ang tawag doon kaya yung court prinocess po, yung procedure po nila doon, yun po ang masusunod since ang police nga po is mag-iimplement lang and dahil nga po sinubject na ni VP ang kanyang sarili sa court mismo kaya yung court na po yung may jurisdiction."

(That is considered a voluntary surrender, so the court’s process and procedures would be followed. Since the police would only implement the court’s orders, and the Vice President had submitted herself to the court’s jurisdiction, the court would have jurisdiction over the matter.)

The court order lifting the arrest warrant also acknowledged receipt of the documents submitted by Duterte.

The documents included four copies each of photos showing Duterte from the left, right, and front.

Requirements

In November 2022, the Office of the Court Administrator outlined the minimum documentary requirements for posting different types of bail bonds.

For cash bail, the requirements are as follows:

• Certified true copy or official court copy of the Information;
• Four sets of the accused’s photographs showing the front, left and right profiles, with the accused’s name and signature on the back of each photo;
• The accused’s left and right handprints or fingerprints;
• Barangay certification for bail purposes indicating the accused’s real name and residence;
• Location plan or house sketch of the accused’s residence, certified by the barangay;
• Certificate of Detention, if the accused is detained or voluntarily surrenders to police in a location different from the court where the case is pending. The certificate must indicate the name, designation and signature of the authorized personnel at the detention facility.

However, the certificate is not required if the accused chooses to post bail before the court where the case is pending and has not voluntarily surrendered to the police or is otherwise not in police custody.

• Accused’s Undertaking and Waiver of Appearance in accordance with Rule 114 of the Revised Rules of Criminal Procedure, notarized or sworn before the Clerk of Court or before the Warden, in case the accused is detained or imprisoned; and
• Bail amount recommended or imposed by the Court

Jurisdiction

Duterte’s camp said it would continue to challenge the court’s jurisdiction over the case, even as proceedings move forward.

“Siyempre habang tuloy na nililitis yung kaso rito tuloy din naman na kinukwestyon namin 'yung jurisdiction. Again, we are awaiting the action of the Supreme Court,” Lim told reporters.

(Of course, while the trial is ongoing here, we will continue to question the court’s jurisdiction. Again, we are awaiting the Supreme Court’s action.)

In early August, the Department of Justice filed three counts of grave threats against Duterte.

Duterte later filed a motion to quash the charges on jurisdictional grounds, arguing that, as an impeachable officer, she enjoys limited procedural immunity from criminal prosecution while in office under the 1987 Constitution.

The DOJ said the court denied Duterte’s motion for lack of merit.

“Regardless of the question on jurisdiction, she has no intention of evading the law and will continue to exercise all her legal remedies,” Lim said in an earlier statement.

Duterte’s alleged grave threats are also cited in one of the Articles of Impeachment being heard by the Senate impeachment court. — VBL, GMA News