MANILA, Philippines (Updated 3:16 p.m.) — The National Bureau of Investigation (NBI) served a subpoena on Vice President Sara Duterte on Tuesday, November 26, regarding her “assassination” remarks about President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and House Speaker Martin Romualdez.
NBI personnel served the summons to Duterte on Tuesday afternoon at the Office of the Vice President in Mandaluyong City.
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In an interview with DZBB on Tuesday morning, NBI Director Jaime Santiago explained the agency would issue a summons for Duterte to explain her side regarding the alleged threat to her own life.
“Actually, isa sa pakay namin kung bakit isu-subpoeana namin ng vice president ay para masabi niya formally 'yung sinasabi niya na tangka sa kanyang buhay. Kasi wala pa naman kami formal na reklamo na natatanggap mula sa kanya,” Santiago said.
(Actually, one of the reasons we plan to subpoena the vice president is to allow her to formally state her claim about the alleged threat to her life. So far, we have not received any formal complaint from her.)
In a Palace press conference on Monday, Santiago said the agency would give her five days to appear before the NBI to provide an explanation and answer questions.
Santiago added that if Duterte ignores the summons, the NBI will proceed with the evidence it currently holds and file appropriate charges if justified.
In a copy of the subpoena obtained by Philstar.com, Duterte was asked to "shed light on the investigation" into the alleged grave threats and possible violations of the Anti-Terrorism Act of 2020.
This stemmed from Duterte's remarks during a November 23 virtual press conference, where she threatened to assassinate the Marcoses and Romualdez, a statement she repeatedly insisted was “taken out of context.”
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In response to Duterte’s “threats,” the National Security Council stated the vice president’s remarks against Marcos are considered a threat to national security. The Executive Secretary has also referred the “active threat” to the Presidential Security Command for immediate proper action.
Grave threats
Santiago said that Duterte's pronouncement qualifies as one of the elements of a grave threat.
"'Yan po ay isang element of grave threat. Ang pagtatangka mo ay subject to condition," Santiago, a former judge, said in a DZBB interview.
(That is an element of grave threat. Your attempt is subject to condition.)
However, Santiago emphasized that this is not yet the case to be filed against the vice president, as everything still needs to undergo investigation.
Under the Revised Penal Code, the crime of grave threats is defined as follows:
Grave threats. - Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.
If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.
2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition.