‘SUE OR IMPEACH’: Can VP Duterte Face Charges? Lawyers Differ

By Joseph Bernard A. Marzan and Rjay Zuriaga Castor

Legal opinions differ on whether Vice President Sara Duterte can be held criminally liable for her recent remarks threatening President Ferdinand Marcos Jr. and his family. Central to the debate is whether the vice president enjoys immunity from suit.

Department of Justice (DOJ) Undersecretary Jesse Hermogenes Andres stated on Nov. 27 that Duterte, as vice president, is not immune from legal action.

“[Duterte] can be the subject of any criminal [or] administrative case, and the Ombudsman also has authority to do its duty to discipline and take necessary measures to deliver on its mandate, as the investigator of all high-ranking government officials. So, it is within the authority of the Ombudsman to act on this as well,” Andres said during a press briefing.

Daily Guardian columnist and lawyer Michael Henry Yusingco echoed this view, telling the Philippine Daily Inquirer (PDI) that while the vice president is an impeachable official, she is not immune from criminal cases.

Yusingco also questioned why Duterte has not yet been charged for alleged misuse of confidential funds, suggesting it could lead to a plunder case.

“Her statements could be seen as a betrayal of public trust and a violation of her oath to uphold the Constitution. The Philippine National Police has said this is an active threat to the President’s life. That’s a criminal act, and the vice president is not immune from suit,” Yusingco said in an interview with PDI’s Krixia Subingsubing.

Arguments on Immunity

Former Iloilo City councilor and lawyer Eldrid Antiquiera, however, argued that vice presidents enjoy immunity from suit despite no explicit provision in the 1987 Constitution.

Antiquiera referenced the 1973 Constitution under the late dictator Ferdinand Marcos Sr., which explicitly barred suits against the president. While this provision was not carried over, Antiquiera maintained that the principle could apply to impeachable officials like the vice president.

“They can file a case with the prosecutor, but the prosecutor might just dismiss the case because the subject of the case is an impeachable officer,” Antiquiera said in an interview with Aksyon Radyo Iloilo.

Election lawyer Romulo Macalintal previously suggested that impeachable officials, including the vice president, may only be removed via impeachment.

Notably, former president Rodrigo Duterte claimed in 2021 that vice presidents enjoy immunity from suit, though this was refuted by opposition lawyers and then-DOJ secretary, now Solicitor General, Menardo Guevarra.

The Supreme Court has not issued rulings on vice presidential immunity.

The 2021 case Nepomuceno vs. Duterte upheld presidential immunity but made no mention of extending it to vice presidents.

The 2018 case Republic vs. Sereno ruled that impeachment is not the sole remedy for removing impeachable officials.

Political Fallout

Tensions between the Marcos and Duterte camps escalated over the weekend after Duterte claimed she had contracted an assassin to target Marcos Jr., First Lady Marie Louise Araneta-Marcos, and House Speaker Martin Romualdez if she were to be killed.

The Department of Justice and the National Security Council have since expressed serious concern over her remarks.

On Nov. 27, the House of Representatives passed House Resolution No. 2902, expressing “unwavering and unqualified” support for Marcos and Romualdez.

Iloilo City Rep. Julienne Baronda spoke in favor of the resolution, criticizing Duterte’s statements.

Baronda described Vice President Sara Duterte’s recent remarks about hiring an assassin to kill President Ferdinand Marcos Jr. as “alarming” and a “clear disregard for institutional authority and due process.”

Baronda, the House Deputy Majority Leader, criticized Duterte’s statement, saying such threats from the country’s second-highest official are “arbitrary and alarming.”

“It is crucial that we condemn such acts and remain steadfast in adhering to the principles of good governance and rule of law,” Baronda said in a speech at the House of Representatives on Nov. 26.

Baronda, who endorsed Duterte during the 2022 elections as part of her tandem with Marcos, expressed her support for House Resolution No. 2092. The resolution affirms “unwavering and unqualified support” for Marcos and Speaker Ferdinand Martin Romualdez, condemning Duterte’s “serious and dangerous remarks” as a threat to democratic governance, the rule of law, and public trust.

The congresswoman emphasized the importance of upholding the rule of law to prevent abuse of power.

“The rule of law must be observed by all government institutions and individuals, regardless of position or rank. It is paramount that we ensure the law applies equally to all without discrimination or partiality,” Baronda said.

She also highlighted the need to preserve public trust in elected officials, stating that trust is earned through transparency, accountability, and a commitment to public service.

“Maintaining these values requires our collective and unwavering determination,” she added.

Treñas Advocates for Peaceful Resolution

Iloilo City Mayor Jerry Treñas also weighed in on the issue, calling for a peaceful resolution to the conflict between the Duterte and Marcos camps.

“Our role as leaders is to prioritize resolving differences through peaceful dialogue, support the administration’s efforts, and advance initiatives that will move our country forward,” Treñas said in a statement.

Controversy Over Confidential Funds and House Lockdown

Duterte has faced scrutiny for her recent actions in the House of Representatives, particularly involving her chief of staff, Zuleika Lopez, who was detained for contempt during an inquiry into the alleged misuse of confidential funds by the Office of the Vice President.

On Nov. 22, Duterte announced her decision to remain in the House “indefinitely” to support Lopez, who was accused of obstructing the investigation.

Her visit to the House of Representatives led to a lockdown of the premises after she ignored security protocols and locked herself in her brother’s office. This caused significant disruptions and necessitated additional security measures.

In a press conference on Nov. 23, Duterte delivered incendiary remarks, claiming she had instructed a hitman to kill Marcos, his wife Liza, and Romualdez if any harm befell her.

The incident has drawn widespread condemnation and fueled tensions between the once-allied Duterte and Marcos camps.