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Sara Duterte camp seeks oral arguments on motion to quash grave threats case


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Sara Duterte camp seeks oral arguments on motion to quash grave threats case

The legal team of Vice President Sara Duterte is seeking oral arguments on its motion to quash the grave threats case filed against her, citing what it described as the far-reaching consequences of the case.

In a statement Friday, Atty. Paul Lawrence Lim, counsel for Duterte in the National Bureau of Investigation (NBI) grave threats case, said the defense is filing a manifestation emphasizing the need for oral arguments on their motion.

“The defense is now filing a manifestation emphasizing the need for oral arguments on the Vice President’s motion to quash, considering the far-reaching consequences of the Grave Threats cases,” he said.

The defense argued that the case could have implications beyond Duterte’s prosecution.

“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,” Lim said.

The statement comes a day after Duterte’s camp confirmed that it had filed a motion to quash the grave threats information against the Vice President, arguing that the court lacked jurisdiction over the case.

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.

Only the President is recognized to be immune from suit while in office.

Immunity from suit, however, is different from impeachability.

Under the Constitution, the President, the Vice President, members of the SC, members of the Constitutional Commissions, and the Ombudsman may still be removed from office on impeachment.

Prosecutor General Richard Fadullon have also said that criminal cases are different from the impeachment trial. He said the DOJ believes that nothing prevents it from filing cases against the vice president.

A separate complaint for inciting to sedition was dismissed after the prosecution panel found no prima facie evidence with reasonable certainty of conviction for that offense. —AOL, GMA News