The Department of Justice (DOJ) has dismissed Vice President Sara Duterte’s claim that her expletive-filled tirade against President Ferdinand Marcos Jr. and other top leaders does not qualify as a criminal offense because it was conditional, as per Abogado PH. The agency cited Supreme Court jurisprudence to argue that grave threats are punishable under the law, even if they are suspensive—meaning dependent on a future event.
Sara Duterte had claimed that her controversial “kill Marcos” remark was not a threat but rather a hypothetical statement, as she prefaced it with “If something bad happens to me.” However, the DOJ countered that the law does not require actual harm or even genuine fear from the victim for a statement to be considered a grave threat.
Intent matters, not just words
In a statement, the DOJ explained that what matters in a case of grave threats is the intent behind the words. If a statement is made to create fear or intimidation, it can be considered a crime, regardless of whether the recipient takes it seriously.
“The crime of grave threats penalizes statements that create real and imminent danger to specific persons, regardless of whether actual harm occurs,” the DOJ said.
The National Bureau of Investigation (NBI) has already filed charges against Sara Duterte for inciting to sedition and grave threats. Prosecutors will now review the evidence to determine whether her statements meet the legal standard established by the Supreme Court.
Legal analysts point out that intent plays a key role in cases like these. Even if Duterte did not mean her words literally, her status as the second-highest official in the country amplifies the weight of her statements. Experts also noted that her remarks could be interpreted as an attempt to destabilize the government, which is why the charges against her include inciting to sedition.
Sara Duterte’s growing legal battles
This latest controversy adds to Sara Duterte’s mounting legal troubles. Her outspoken nature and use of inflammatory language have drawn criticism in the past, but this time, legal experts say the consequences could be more severe.
If found guilty of inciting to sedition or grave threats, Duterte could face penalties, including imprisonment. The legal proceedings are expected to put further strain on her political career, which has already seen tensions rise between her and the Marcos administration.
While Sara Duterte continues to insist that her words were taken out of context, the DOJ’s position remains firm. The law, according to the agency, does not only punish threats for what is explicitly said, but also for the intent and effect they create.
As the case progresses, all eyes will be on whether Duterte’s legal team can successfully argue her defense or if the courts will uphold the DOJ’s interpretation of the law.
Jaja has a degree in journalism and took classes in international law and business communication. Her career spans roles at prominent international media outlets, including International Business Times, Celebeat and Delightful Philippines. As a news editor, Jaja covered a wide range of beats, including legal, business, economy, cryptocurrency, personal finance, gaming, technology, and entertainment.