The Department of Justice said Vice President Sara Duterte does not have immunity from criminal cases, asserting that such protection applies only to the president as chief executive.
DOJ spokesperson Atty. Polo Martinez said the position was the basis for the agency’s decision to pursue the grave threats case against Duterte, which has resulted in the issuance of an arrest warrant.
The DOJ explained that “immunity from suit” is a privilege that prevents an official from being sued or prosecuted in court while in office.
Under the current system, the DOJ said this immunity is recognized only for the president, allowing the chief executive to perform official duties without being hindered by court proceedings.
Prosecutor General Richard Anthony Fadullon previously explained that there is no legal obstacle to filing a criminal case against an impeachable official such as the vice president.
Duterte is facing three counts of grave threats before the Quezon City Regional Trial Court.
According to Martinez, the QC RTC found probable cause to proceed with the case against Duterte. He said the DOJ respects the court’s decision and remains focused on enforcing the rule of law.
The DOJ’s position addresses whether Duterte, as vice president, can invoke immunity from criminal prosecution while in office.
Martinez maintained that the protection afforded to the president does not extend to the vice president in criminal cases. The DOJ therefore proceeded with the grave threats case and respected the court’s determination that probable cause exists.
The case has now reached the court following the issuance of the arrest warrant. Duterte’s status as an impeachable official does not, according to the DOJ officials cited, prevent criminal proceedings from being filed against her.
The DOJ said its actions are grounded in its interpretation of the existing system on immunity and the court’s finding of probable cause. It also reiterated its commitment to the rule of law as the case proceeds before the Quezon City RTC.
