NBI files sedition, grave threat raps vs Sara Duterte

The National Bureau of Investigation (NBI) on Wednesday filed a complaint against Vice President Sara Duterte over her remark that she hired someone to kill President Ferdinand Marcos Jr. and others if she dies.

“We have finally recommended the filing of inciting to sedition and grave threat against the Vice President,” NBI Director Jaime Santiago said on Super Radyo dzBB Wednesday.

“Naisubmit na nga po namin sa Department of Justice (DOJ) at ang magtitimbang timbang ng aming mga ebidensya ay ang DOJ, whether they will conduct a preliminary investigation on the matter,” he later added.

(We have submitted this to the DOJ and they will weigh the evidence, whether they will conduct a preliminary investigation on the matter.)

Sought for comment, Duterte just said: “As expected.”

The Vice President's response was forwarded to the media by her office.

Meanwhile, Santiago stressed that NBI is apolitical.

“Wala sa aming nag-utos, wala sa aming nagdikta kung ano ang dapat gawin doon sa kaso. ‘Yung kinalabasan ng aming investigation ay ayon sa aming pagwe-weigh ng evidence,” Santiago said in a separate press briefing.

(No one ordered us, no one directed us on what we should do regarding the case. This was the result of our weighing of the evidence.)

For their part, Prosecutor General Richard Fadullon said the DOJ-National Prosecution Service (NPS) must first determine if the evidence is complete. 

“If it is with the NPS already, it will again be evaluated to determine if the evidence is complete. If it is, then that is the only time it can be referred for preliminary investigation,” he said in a message to reporters.

“Pending the results of the evaluation, we cannot say anything more for now, in order not to preempt the results and prejudice the rights of any party,” he added.

In an online press briefing in 2024, Duterte said that she ordered someone to kill Marcos, First Lady Liza Araneta, and Speaker Martin Romualdez if an alleged plot against her succeeds.

“Huwag kang mag-alala sa security ko kasi may kinausap na ako na tao. Sinabi ko sa kanya, 'pag pinatay ako, patayin mo si BBM, si Liza Araneta, at si Martin Romualdez," Duterte said then.

(I've already spoken to someone, so don't worry about my security. I told that person to kill BBM [Marcos' initials], Liza Araneta and Martin Romualdez if I were to be slain.)

“Nagbilin na ako, Ma’am. ‘Pag namatay ako, huwag ka tumigil hanggang hindi mo mapapatay sila. And then he said 'yes.'''

(Ma'am, I've already left a directive. After I die, don't stop until you've killed them all. And then he said, "Yes.")

Duterte later on clarified that her “assassination” statement was not a threat, saying she only highlighted the alleged threat to her security.

She also said her remarks were “maliciously taken out of logical context.” 

‘Creating intimidation or fear’

In a statement, the DOJ said the crime of grave threats penalizes statements that create real and imminent danger to specific persons, regardless of whether actual harm occurs.

“It is not necessary that the recipient actually feels intimidated or takes the words seriously; what is crucial is that the statement was made with the purpose of creating intimidation or fear,” the department said.

Meanwhile, it said the crime of inciting to sedition penalizes statements that pose a real and imminent threat to public order, regardless of whether actual unrest occurs.

“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,” the DOJ said.

“The law does not require that an unlawful act be carried out—only that the statement was made with the intent to stir public unrest or disrupt stability,” it added.

Reiteration of denial

Though Duterte did not appear before the NBI, she submitted a letter denying the accusations against her.

One of the seven Articles of Impeachment against the Vice President include conspiracy to assassinate Marcos. the First Lady, and the Speaker.

In a press conference last week, Duterte reiterated her denial that she made assassination threats.

"I did not make an assassination threat to the President. Sila lang ang nagsasabi niyan. Sila lang ang nagsasabi may assassination, sila nagsasabi may assassin, may gunman. I did not say that," she said.

(I did not make an assassination threat to the President. They are the ones saying that. They are the ones saying that there is an assassination threat, that there is an assassin, a gunman. I did not say that.) —with a report from John Consulta/AOL/RSJ, GMA Integrated News