Prosecutors may return complaint to NBI for ‘higher level evidence’
The National Prosecution Service may return the grave threats and inciting to sedition complaint filed by the National Bureau of Investigation against Vice President Sara Duterte for further case build-up, the Department of Justice said yesterday.
DOJ spokesman Mico Clavano said prosecutors are still evaluating the complaint which stemmed from verbal threats against President Marcos, First Lady Liza Araneta-Marcos, and Speaker Martin Romualdez that Duterte allegedly made during an online tirade.
If the NPS finds the complaint sufficient, it will move to conduct a preliminary investigation, he added.
“The level that prosecutors are looking for now is not just probable cause but reasonable certainty of conviction. That requires a higher level of evidence to file a case in court,” Clavano said.
“We are going to have to evaluate it (complaint) to make sure that we see all evidence submitted by the NBI,” he added.
He said there will be no deadline for the NPS to complete its evaluation.
“This complaint is something that has reached national significance and it would be prudent to give them (NPS) the opportunity to verify, analyze, and evaluate the complaint,” he added.
Asked if the DOJ expects Duterte to appear should the complaint proceed to a preliminary investigation, Clavano said:
“It’s her right to submit her counter-affidavit, her defense. So we’re hoping that she will use it. Or she will take the chance, the opportunity, to clear her name.”
For his part, NBI Director Jaime Santiago denied allegations the agency is harassing Duterte with baseless criminal complaints.
“We are not harassing the Vice President. In fact, we respect her,” Santiago said.
“(But) remember, no one is above the law. Whoever violates the law – regardless of who that person is – we will hold them accountable,” he added.
Duterte earlier clarified that her “assassination” statement was not a threat, saying she only highlighted an alleged threat to her security.
She also said her remarks were “maliciously taken out of logical context.”
In her November 23 Zoom press conference, the Vice President said: “Wag kayong mag-alala sa security ko kasi may kinausap na akong tao. Sinabi ko sa kanya, ‘pag pinatay ako, patayin mo si BBM. si Liza Marcos, at si Martin Romualdez. No joke. No joke. (Don’t worry about my security because I already talked to someone. I told that person, ‘If I am killed, then kill BBM, Liza Marcos and Martin Romualdez.’)”