Vice President Sara Duterte holds a press conference, Feb. 7, 2025. Maria Tan, ABS-CBN News/File 

MANILA (UPDATE) — The National Bureau of Investigation (NBI) said Wednesday it filed inciting to sedition and grave threat complaints against Vice President Sara Duterte for her alleged threats against President Ferdinand Marcos Jr.

According to NBI director Jaime Santiago, the 5 lawyers who worked on the case were unanimous in recommending the filing of complaints against the Vice President.

"Sabi ko nga, 5 abogado kami, ako na dating judge, yan po ang aming nagkakaisang, kumbaga unanimous decision, na dapat ito ay mai-file ito," Santiago said.

“There was really a zoom meeting kung saan niya sinabi ‘yung mga threatening remarks niya. Bakit inciting to sedition? Because of the threatening remarks, nagkaroon ng patawag, pagpupulong sa EDSA na ‘yung katahimikan natin ay medyo nabulabog,” Santiago said.

“Pero yung threat niya, nalatlahala naman. Sinabi niya no joke, dalawang beses pa so we take that seriously,” he added.

Santiago asserted that no one instructed the agency to pursue criminal cases against Duterte. He said the bureau’s actions were based purely on evidence and legal processes, not political influence.

“Kami ay apolitical. Wala sa aming nag-utos, wala sa aming nagdikta kung ano ang dapat gawin sa kaso. ‘Yung kinalabasan ng aming imbestigasyon ay ayon sa pagwe-weigh ng evidence,” he said. 

Duterte last year said that she had arranged for Marcos, First Lady Liza Araneta-Marcos, and House Speaker Martin Romualdez to be killed should she be assassinated. The Vice President later said that her remarks were taken out of context.

The Department of Justice later confirmed that it received the NBI’s complaint.

“With the filing of the complaint, the case will now undergo evaluation and preliminary investigation before the NPS (National Prosecution Service),” DOJ Assistant Secretary Mico Clavano said.

“This process involves requiring the respondent to submit a counter-affidavit, reviewing the evidence from both parties, and assessing whether the case meets the higher threshold of evidence for filing in court, or whether the case should be dismissed for lack of evidence,” he added. 

The DOJ noted that on the crime of grave threats, the Supreme Court has ruled that what matters is the intent behind the words uttered and not necessarily what the recipient felt.

“This is what the prosecutors will evaluate based on the evidence presented,” Clavano said.

The DOJ also noted that the crime of inciting to sedition penalizes statements that pose a real and imminent threat to public order, regardless of whether actual unrest occurred.

“While freedom of speech is protected, the Supreme Court has consistently ruled that it does not extend to speech that incites violence, rebellion, or disorder,” Clavano said.

'EXPECTED'

Asked to react on the NBI's finding, Duterte said, "As expected."

House members dispute VP Sara's denial of threatening Marcos, family

Duterte's alleged kill threat was among those cited by civil society groups when they filed impeachment complaints against her.

She was impeached by the House of Representatives last week on charges of "violation of the constitution, betrayal of public trust, graft and corruption, and other high crimes".

Duterte's future in balance as Philippine election season kicks off

Sixteen votes in the 24-seat Senate are now needed to deliver a conviction that would bar Duterte from public office, including a presidential run she says she is "seriously considering".

VP Sara Duterte’s impeachment trial may start after Marcos Jr.'s SONA: Escudero
'Unique' VP Duterte trial could raise legal question for SC — Corona defense lawyer

The NBI’s recommendation strengthens the impeachment case against Duterte, according to at least two congressmen, who signed the lower chamber’s complaint.

“It would really strengthen our position that indeed the Vice President committed criminal acts such as grave threats and inciting to sedition, which the National Bureau of Investigation has found out that there is indeed sufficient evidence against the Vice President,” said AKO BICOL party-list Rep. Jil Bongalon, who is one of the House impeachment prosecutors.

House Deputy Minority Leader France Castro added, “Mapapalakas nito ‘yung first article of impeachment. Dahil ang matibay naman na ebidensya d’yan ay ‘yung video na rin. Baka ‘yun na rin ‘yung ginamit ng NBI at malamang sa mga prosecutors natin sa House of Representatives, ‘yun din. Ito ay bahagi ng mga dahilan ng impeachment ‘yung high crime.”

IMPEACHMENT TRIAL

However, Senate President Francis Escudero said Duterte’s impeachment trial would not be affected by the NBI’s latest move.

"Walang epekto yun sa napipintong impeachment proceedings, walang bearing yun at walang kinalaman yun dun," Escudero told reporters.

"Sa katunayan, pwede magpatuloy yun nang sabay, pwedeng mauna, pwedeng masunod. Wala siyang bearing sa impeachment proceedings na isasagawa ng Senado," he said.  

When asked if the Senate could get the evidence or witnesses uncovered in the NBI investigation, Escudero said that was up to the prosecution and defense.

"An impeachment court like any court is a passive body. Wala kaming gagawin. Hindi ito parang imbestigasyon ng Senado na magiissue kami ng subpoena sa mga ebidensya o testigo na magpunta. Trabaho yan ng magkabilang panig, prosecution at defense," he said.

"Kung saka-sakaling hingin yan sa korte or sa NBI, at trabaho nila yan. Nasa kabilang panig at tulad yan sa parte ng Senado, nasa trabaho naman namin, ay mag-decision, magpasya kaugnay sa mga kahilingan tulad yan," Escudero added.  

The Senate President said the prosecution and defense could present the same evidence and witness during the trial.

Escudero said the “sub judice rule” preventing parties in an ongoing case to discuss its merits, does not apply to the impeachment trial when it pushes through.

"Iba ang impeachment complaint. Politikal na proseso ito. In fact, hindi naman ginagawa ang hearing o trial sa loob ng nakasaradong kwarto. Open to the public ito," the Senate chief said.

"So hindi, hindi mag-a-apply ng parehong bisa ang subjudice rule sa kaso ng impeachment dahil nga political at public ang nature ng trial na ito," he said.

Escudero said on Monday the impeachment trial would likely begin after Marcos’ State of the Nation Address (SONA) in July.

— With reports from Adrian Ayalin, Paige Javier, and Vivienne Gulla, ABS-CBN News; Agence France-Presse