Castro files grave threat complaint vs. ex-President Duterte

House Deputy Minority Leader France Castro on Tuesday filed a complaint for grave threat against former President Rodrigo Duterte.

Castro, accompanied by her counsel Tony Laviña and Rico Domingo from Movement Against Disinformation (MAD), filed the complaint with the Quezon City Prosecutor's Office.

"Na-shock talaga ako sa threat sa aking buhay ni former President Duterte. Tingin natin hinggil ito sa pagbusisi natin sa confidential funds na nagbunga ng pagtatanggal ng confidential funds ng iba’t ibang ahensiya,” Castro, who received threatening comments while she was grieving the loss of her father, said.

(I was shocked by the threat to my life made by former President Duterte. I think this is due to our scrutiny of confidential funds which resulted in the removal of confidential funds from [the budgets of] some agencies.)

"He lost his immunity [when his tenure as President ended]. Hindi na siya makakapagtago (he can no longer hide). Dapat matigil na itong gawi ni dating Presidente Duterte. This has to stop," she added.

Duterte allegedly made the threat during an SMNI interview three weeks ago where he labeled Castro as a communist.

"Kayong mga komunista ang gusto kong patayin (It's you communists whom I want to kill)," Duterte had said.

Duterte further said, “Sabi ko sa kanya [his daughter, the Vice President],  magprangka ka na lang. Itong intelligence fund na ito gagamitin ko para sa utak ng mga Pilipino kasi ito ang target ko, kayong mga komunista andiyan sa Congress. Prangkahin mo na 'yan si France Castro.'”

(I told her, be frank. [Say] I will use this intelligence fund for the mental development of Filipinos because my targets are you communists there in Congress. Be frank with France Castro.)

“Respondent Duterte threatened to inflict a wrong amounting to a crime upon my person and honor. Such wrong amounted to either homicide or murder,  both of which are crimes against persons penalized under Title Eight, Section Three (Threats and coercion) of the Revised Penal Code, specifically Article 248  (Murder) or Article 249 (Homicide),” Castro’s complaint read.

“The grave threats made by Respondent Duterte to kill me does not impose any other condition; and the grave threats were committed by, through and with the use of information and communication technologies, namely, computers, computer systems, mobile phones, sky cable and social media which were  employed to create the content, and upload/publish and then broadcast/distribute the same,” she added.

Duterte made the comment in defending the P650-million confidential funds allocated to the Office of the Vice President and P150 million to the Department of Education, which are both headed by his daughter, Vice President Sara Duterte, after the House’s decision to realign the P1.23 billion confidential fund under the proposed 2024 national budget.

Leaders of all political parties in the House of Representatives called out the former president last week for the threat.

In a joint statement, the House political party leaders stressed that they take “utmost exception” to the remarks made by the ex-president in an interview on SMNI.

“Our institution, the House of Representatives, has been unwavering in its dedication to the Filipino people. It is deeply unfortunate that the former President chose to malign the very institution that for years supported many of his own legislative priorities,” they said.

Castro's counsel, Laviña, said Duterte's grave threat made online carries a penalty of six months to six years jail time and a P100,000 fine.

"This is more than the penalty. This is about accountability," Laviña said.

“We have to leave it to the fiscal to decide, to the prosecutor to decide, what charges to file, [but] he has no immunity from suit, so I think we have a good chance,” Laviña added.

Test case
 
Lawyer Rico Domingo, also a legal counsel of Castro, said the grave threat complaint lodged against Duterte will reveal a lot about the country’s judicial system.

“This is a test for our judicial and prosecutorial system, as to how effective or ineffective they are. Kung ang kaso ng isang anak ng [nasa] liderato ay natapos ng tatlong buwan, bakit hindi bilisan [rin] ito?” Domingo said.

(If the case involving a child of a person in the administration was finished in three months, why can't this be processed fast?)

Domingo did not name names, but the son of Justice Secretary Jesus Crispin Remulla was acquitted in a drug possession case three months after it was filed in October last year.

“Kung ano resulta, hindi natin alam. Depende na ‘yan sa piskal na magko-conduct ng investigation. But this is the main reason why there are people going to the ICC [International Criminal Court]: because of  the perception that our judicial or prosecutorial system, with all due respect, is not effective and cannot dispense justice the way it should be,” Domingo pointed out.

(As to what the result will be, we do not know. It would depend on the fiscal who will conduct the investigation.)

Domingo was referring to the alleged crimes against humanity complaint filed at the ICC against Duterte and other officials of his administration over the deaths during the police-sanctioned anti-drug operations during his presidency.

The government’s drug war death toll during the Duterte administration stands at around 6,000, but human rights groups have claimed that such figure could reach as much as 30,000 due to vigilante-style killings allegedly taking cue from Duterte’s rhetoric that he will kill all illegal drug peddlers and users.

“As former President Ramon Magsaysay said, justice delayed is justice denied,” Domingo said.

Sought for comment, former Executive Secretary Salvador Medialdea said the former President went to sleep after learning of Castro's complaint against him.

"I have been trying to get in touch with former PRRD (President Rodrigo Roa Duterte) but I was just informed that he has taken his afternoon nap after learning that a grave threats case has been filed against him by Congresswoman Castro,” Medialdea told GMA News Online in a text message.

“Moreover, he has not received a copy of the complaint-affidavit to enable him to give his side. Thank you for understanding,” Medialdea added. —KBK/KG, GMA Integrated News