Sara Duterte camp says grave threats case barred amid impeachment trial

The camp of Vice President Sara Duterte on Tuesday argued that she cannot be prosecuted for grave threats while her impeachment trial is ongoing, saying the criminal charge involves allegations that are also part of the impeachment case against her.

Lawyer Paul Lawrence Lim said Duterte, as a sitting impeachable officer, cannot be prosecuted for an alleged offense that is also the subject of impeachment proceedings.

“Equally important, as a sitting impeachable officer, the Vice President may not be prosecuted for an alleged offense that is also the subject of an impeachment case,” Lim said in a statement.

“Given these serious legal issues, the Vice President will exercise all available legal remedies in due course,” he added.

The Department of Justice (DOJ) earlier announced that one count of grave threats under Article 282 of the Revised Penal Code, in relation to the Cybercrime Prevention Act, had been filed with the Office of the Clerk of Court of the Quezon City Regional Trial Court at 1:30 p.m.

The charge stemmed from Duterte’s remarks during an online press briefing in 2024, when she said she had instructed someone to kill President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and then-Speaker Martin Romualdez if she herself were killed.

Lim, meanwhile, stressed that Duterte remains presumed innocent of the charge.

“Under prevailing circumstances, we have anticipated and prepared for such an outcome. Under our laws, the Vice President continues to be presumed innocent and is confident that the charges against her will ultimately be dismissed,” he said.

Following the remarks, the National Bureau of Investigation (NBI) recommended in February 2025 the filing of a complaint against Duterte.

The alleged threats are also among the accusations raised against Duterte in her impeachment case. She is accused of betrayal of public trust for allegedly threatening Marcos and others, among other allegations.

Justice spokesperson Polo Martinez, however, said the criminal case should not be affected by the ongoing impeachment proceedings.

“Procedurally speaking, the conduct of a criminal case in the RTC QC should not be affected by the ongoing impeachment proceeding, and that applies vice versa,” he said.

Asked about the Office of the Vice President’s position, Martinez said it was a legal argument that should be raised before the court.

“Again, that should be properly ventilated with the court,” he said.

Martinez also denied that the impeachment trial had affected the resolution of the complaint against Duterte. — MCG, GMA News