DOJ eyes grave threats, sedition raps, disbarment vs VP

MANILA, Philippines — Vice President Sara Duterte may face charges of grave threats and sedition over her assassination remarks against President Marcos, First Lady Liza Marcos and Speaker Martin Romualdez, according to the Department of Justice.

DOJ Undersecretary Jesse Hermogenes Andres pointed out that unlike the President, the Vice President is not immune from suit and Duterte can be subjected to any criminal and administrative case.

With Duterte’s remarks, Andres said sedition and grave threats complaints are being considered against her, although the DOJ is “not making that determination now.”

“We are not closing our eyes on other possible criminal offenses, even graver than sedition. Grave threats and sedition are obviously being considered… Due process warrants that every angle should be investigated, every party should be given the opportunity to be heard and in due time, in observance of due process, we will make that determination to file the appropriate case,” he said.

Andres said Duterte may also face possible preventive suspension while the government’s investigation is ongoing, but this is within the mandate of the Office of the Ombudsman whose duty is “to discipline and to take necessary measures to deliver on its mandate as investigator of high-ranking government officials.”

“All of us are governed by the rule of law. No one is above the law. If there is a need to exact justice for a criminal act, then it has to be through the legal and judicial process. We cannot take the law into our own hands. No one should espouse that kind of thinking. I strongly believe that exposes her to criminal liabilities,” he said.

Disbarment

Among the array of possible legal hurdles against Duterte, who is a lawyer, is a disbarment complaint, according to National Bureau of Investigation (NBI) Director Jaime Santiago.

A possible ground for this is when Duterte acted as counsel for her chief of staff Zuleika Lopez. Santiago, a retired trial court judge, said this is prohibited under the Constitution as public officials are barred from practicing their profession while holding office.

Prosecutor general Richard Anthony Fadullon said all angles and all possible cases are being studied against Duterte, which will cover possible violations of the Code of Professional Responsibility and Accountability, which is for lawyers, and a disbarment case.

“At this point, it would not be prudent to make disclosures yet as to what possible cases, whether criminal or administrative, that may be filed or may be considered for filing by the DOJ or the NBI,” he said.

According to former Integrated Bar of the Philippines (IBP) president Domingo Cayosa, Duterte may also face disbarment complaints over her expletive-ridden remarks.

“During the broadcast, she kept spewing expletives. As we all know, for us lawyers, that’s prohibited. We have to uphold the nobility of the profession, and set an example and to maintain the respect for the rule of law,” he said in an interview over NewsWatch.

Cayosa said there are lawyers who have been disciplined by the IBP and the Supreme Court over using expletives. They either received warnings or suspensions and even disbarment.

He said Duterte’s assassination remark violates Canon 1 of the Code of Professional Responsibility and Accountability, which states that a lawyer shall uphold the Constitution and obey the laws of the land and promote respect for law and for legal processes.

Cayosa said Duterte’s remarks of contracting a hitman to kill individuals either preemptively or out of revenge is “not respect for law and legal processes.”

“When you are aggravated, bring your case to court, you bring the evidence. If you’re like that, it may fall as violation of ethical conduct,” he said.

‘Evasion of accountability’

Human rights group Karapatan yesterday criticized Duterte for allegedly evading accountability over the use of confidential and intelligence funds (CIF) allocated to the Office of the Vice President and the Department of Education. Karapatan secretary general Cristina Palabay accused Duterte of employing “desperate stunts” to avoid scrutiny by the House of Representatives’ committee on good government and public accountability. 

“The Vice President has no one to blame but herself,” Palabay said, adding that her refusal to face the House committee and sufficiently respond to questions on the CIF liquidation reports remains a grave concern of the public.

The committee is investigating questions and inconsistencies flagged in the liquidation reports for the funds.

Palabay also condemned Duterte for targeting ACT Teachers party-list Rep. France Castro, who moved to cite the OVP’s chief of staff in contempt. 

Lopez allegedly interfered in the committee’s access to documents related to the flagged CIF disbursements.

“Duterte is training her guns on people like Rep. Castro,” Palabay said. 

“But we must not forget that this is all a grand display to distract the people from delving into her questionable use of CIFs,” she added.

Paraphrasing former senator Leila de Lima, Palabay said, “If she’s so reckless in spending, she should not act so arrogant when asked to explain.”

Karapatan called for accountability over the alleged misuse of the CIFs and suggested that sufficient grounds may exist for criminal complaints or impeachment proceedings against Duterte and her associates.

“We support efforts to pursue accountability on the Vice President’s use of confidential and intelligence funds. At the same time, we demand the abolition of CIFs, which are not just used by corrupt officials, but are detrimental to the lives and rights of the people,” Palabay said. — Mark Ernest Villeza