Sara Duterte camp files motion to quash vs. grave threats charge

The camp of Vice President Sara Duterte has filed a motion to quash the grave threats charge that the Department of Justice filed against her in connection with the live-streamed remarks she made in November 2024, when she said she had already talked to someone to kill President Ferdinand "Bongbong" Marcos, Jr., if something happened to her.

The subjects of her remarks also included First Lady Liza Araneta-Marcos and then-Speaker Martin Romualdez, a cousin of the President and a representative of Leyte.

"We confirm having filed a motion to quash the Grave Threats Informations filed against the Vice President, on the ground of lack of jurisdiction," Duterte's lawyer Atty. Lawrence Lim said in a statement.

"As lawyers bound by our Code of Professional Responsibility and Accountability, however, we cannot give any further discussion on this matter that is now sub judice. We thank the media and the public for their understanding," he added.

Prosecutor General Richard Fadullon said the prosecution was given five days to file its comment.

“We are expecting to get hold of the copy before the end of the week, and we will be filing our comment forthwith,” he said.

Earlier this week, the DOJ said it filed one count of grave threats under Article 282 of the Revised Penal Code, in relation to the Cybercrime Prevention Act, with the Office of the Clerk of Court of the Quezon City Regional Trial Court.

Duterte’s camp has said that she cannot be prosecuted for grave threats while her impeachment trial is ongoing.

Fadullon, however, said these are different matters.

“Whatever it is that is going on in the impeachment court is different from the one that we have now. This is before the regional trial court,” Fadullon said.

“That’s why we will leave it to the ruling of the court how to dispose of the same, whether the charges can be sustained even if the accused in this case is an impeachable officer. Because nothing is preventing the filing of cases, that is the view of the DOJ," he added.

The DOJ dismissed the inciting to sedition complaint filed against her.

Fadullon said the DOJ did not find that her remarks were inciting to sedition, as they were “mere utterances or speeches,” and it “is not proven that the accused or the defendant incited the people to rise publicly and tumultuously to achieve the ends mentioned.”

He issued the remark when sought for comment on Palace Press Officer Claire Castro, who said that the grave threats charges were not enough.

“That may be the view of our Palace spokesperson, but these were the findings of our prosecutors, and these were subjected to a preliminary investigation," Fadullon said. –NB, GMA News