MANILA, Philippines — Vice President Sara Duterte has asked the National Bureau of Investigation to provide her with their questions in advance before she faces their probe on her remarks that she has ordered a hitman to kill President Ferdinand Marcos Jr. if she is assassinated.
Duterte's lawyer Paul Lawrence Lim, in a letter sent Friday, November 29, to the NBI, invoked her constitutional rights as the subject of a criminal investigation in asking the agency to provide "questions you intend to ask her."
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Besides the advance questions, Duterte's lawyer also asked for a "clear copy of the complaint filed against her or any other document that initiated this investigation."
"Since she is evidently the very subject of your criminal investigation and not an ordinary witness, our client enjoys all relevant rights under our Constitution," Duterte's lawyer said in the letter addressed to NBI Director Jaime Santiago and NBI Assistant Director Glenn Ricarte.
Access to the advanced questions and the other requested materials would allow the vice president to "make an informed decision on what relevant information she may possibly provide," the letter said.
The request came as Duterte skipped her scheduled 9 a.m. appearance at the NBI headquarters on Friday where she was supposed to explain her side to investigators on her remarks about having the president, First Lady Liza Araneta-Marcos, and House Speaker Martin Romualdez killed if she were to be assassinated.
The NBI, through a subpoena issued on Tuesday, asked Duterte to "shed light on the investigation" into her potential violations of grave threats under Article 282 of the Revised Penal Code and possible violations of the Anti-Terrorism Act of 2020.
Will the NBI grant Duterte's request? Santiago addressed the matter in a press conference on Friday, over an hour after Duterte's lawyer confirmed that she would not attend the NBI's investigation.
The NBI director initially said that they were willing to comply with Duterte's requests as the second-highest official in the country.
Later, when asked to confirm his answer, Santiago said he was still mulling Duterte's request to be given an advance copy of the questions.
"Yung pagbibigay namin ng possible question ay pinag-uusapan pa naming mabuti. Hindi pa yun ang final na magiging action. (We're still thoroughly discussing the possible questions we might provide. That’s not yet the final course of action.)" he said.
"But then, ia-apprise namin siya kung ano ang iniimbestigahan namin. At ang iniimbestigahan namin ay ang video clips kung saan nag-threat siya na may nakausap na siyang tao na papatay sa presidente, sa first lady, at sa speaker. At iyon ay gagawin kapag siya ay namatay. Iyon ang ikaklaro natin nang maigi," Santiago added.
(But then, we will apprise her of what we are investigating. What we are investigating are the video clips where she made threats, claiming she had spoken to someone who would kill the president, the first lady, and the speaker. She said it would happen if she dies. We will clarify that thoroughly.)
In a statement, Rep. Rolando Valeriano (Manila, 2nd District) lamented Duterte's refusal to attend the NBI's hearing, characterizing her actions as "delaying tactics" after Ombudsman Samuel Martires' remarks indicating he would step in to investigate Duterte.
The lawmaker criticized Duterte's request for advanced questions, saying: "Humingi pa siya ng advanced questions sa NBI. Abogado siya, pasado sa Bar. Ngayon, may request na special treatment na advanced questions. Ano yun? Take home exam with open notes?"
(She even asked the NBI for advanced questions. She's a lawyer, a Bar passer. Now, she's requesting special treatment with advanced questions? What is this, a take-home exam with open notes?)
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Duterte's lawyers informed the NBI on Friday that she was unable to attend the hearing due to "urgent office matters" related to an ongoing probe by the House good government panel into her alleged misuse of confidential funds.
The House good government committee had earlier postponed its scheduled hearing on the same day to allow Duterte to show up at the NBI. The panel chairperson, Rep. Joel Chua (Manila, 3rd District), said the committee inquiry should not be used by Duterte as an "excuse" to snub the NBI's summons.
The NBI's subpoena comes after Duterte's November 23 virtual press conference where she said she has arranged retaliatory assassinations of the first couple and the House speaker — remarks that Duterte says have been taken out of their "logical context."
Duterte has asked the NBI to postpone its hearing. Santiago said the NBI has set a new tentative date of December 11.
In 2020, a school teacher posted on social media offering a P50 million reward for anyone who would kill then-President Rodrigo Duterte of the Philippines. The NBI arrested the teacher without a warrant and charged him with inciting to sedition. The case was later dismissed by the courts.