Sends grave threats, sedition raps for review to DOJ

The National Bureau of Investigation’s (NBI) yesterday recommended to the Department of Justice (DOJ) the filing of grave threat and inciting to sedition charges  against Vice President Sara Duterte.

The recommendation accompanied a complaint filed by the NBI with the DOJ’s National Prosecution Service (NPS) after reviewing verbal threats against President Marcos, First Lady Liza Araneta-Marcos, and House Speaker Martin Romualdez that Duterte allegedly made during an online tirade.

NBI Director Jaime Santiago pointed out that sufficient evidence was found for the charges, which was a unanimous recommendation from the team that worked on the case including himself.

“We have already filed it with the DOJ…They will determine whether to conduct a preliminary investigation and whether to file the case in court,” he said in a press briefing.

When asked to comment on the possibility of charges being filed against her in court, the Vice President merely responded, “ As expected.”

She has denied making the controversial “kill” remarks despite the viral video showing her doing so.

Duterte, who is also facing an impeachment complaint, will be formally charged only upon finding probable cause against her, the NBI chief clarified.

The crime of Grave Threats penalizes statements that create real and imminent danger to specific persons, regardless of whether actual harm occurs.

Similarly, the crime of Inciting to Sedition penalizes statements that pose a real and imminent threat to public order, regardless of whether actual unrest occurs.

It can be recalled that among the allegations in the 4th impeachment complaint include her remarks claiming that she had already ordered someone to kill the President Marcos, his spouse, and his cousin, the incumbent House Speaker, in case of her death.

In a statement on Wednesday afternoon, Justice Assistant Secretary Mico Clavano confirmed the receipt of the NBI’s complaint and said “the case will now undergo evaluation and preliminary investigation before the NPS.”

“The process will undergo case build-up as needed to assure that there is sufficient evidence and that the respondent is not unduly haled to court,” the DOJ official wrote.

“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.

He noted that it 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.

“The Supreme Court has ruled that what matters is the intent behind the words—whether they were meant to convey a serious threat or instill fear,” the DOJ also wrote in its statement.

“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,” it said further.

Editor’s Note: This is an updated article. Originally posted with the headline “NBI endorses criminal raps vs. VP Sara Duterte over kill threats.”