THE National Bureau of Investigation (NBI) has recommended filing charges against Vice President Sara Duterte for inciting to sedition and making grave threats, according to a document presented by NBI Director Jaime Santiago.
The bureau’s recommendations were submitted to the National Prosecution Service of the Department of Justice (DOJ) on Wednesday.
The DOJ assured the public that it would uphold due process in reviewing the NBI’s findings.
POSSIBLE CHARGES
“The case will undergo further investigation to ensure that sufficient evidence exists and that the respondent is not unfairly brought to court,” the DOJ stated.
Santiago explained in a press briefing that Duterte could face three counts of grave threats, as her statements were directed at three individuals.
“There are legal precedents allowing either a single charge or multiple counts. However, the final decision rests with the DOJ,” he added.
Under Article 142 of the Revised Penal Code, concerning the Cybercrime Prevention Act, inciting to sedition carries a penalty of up to 12 years in prison and a fine of up to P400,000.
Grave threats, as defined under Article 282, could lead to imprisonment ranging from 12 to 20 years.
DUTERTE, ALLIES DISMISS CASE AS POLITICAL
In response to the charges, Duterte issued a brief statement: “As expected.”
Former presidential legal counsel Salvador Panelo dismissed the NBI’s recommendation, claiming it had “no basis in fact or law” and accusing the agency of political bias.
“The NBI director should go back to law school,” Panelo said, suggesting the charges were part of an effort to undermine Duterte’s potential candidacy in the 2028 presidential election.
ALLEGED THREATS AND LEGAL IMPLICATIONS
The NBI’s case stems from Duterte’s remarks in a November 23 online press conference, where she allegedly made threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and House Speaker Martin Romualdez.
“I told this person that if I am killed, you kill BBM, Liza Araneta, and Martin Romualdez. No joke, no joke,” Duterte said at the time. She has since denied making assassination threats.
Following her remarks, the NBI issued two subpoenas in November and December, but Duterte failed to respond.
The agency proceeded with its investigation based on available evidence, including testimonies from journalists who attended the press conference.
The DOJ emphasized that grave threats do not require actual harm to be punishable. “What matters is whether the statement was intended to intimidate or instill fear,” the department explained.
Similarly, sedition charges do not require actual unrest—only that the statement had the intent to incite public disorder.
CALL FOR IMMEDIATE ACTION
House leaders welcomed the NBI’s findings, saying they strengthen the impeachment case against Duterte.
Lawmakers urged the Senate to expedite her impeachment trial, arguing that delays pose a security risk.
Assistant Majority Leader Jil Bongalon stated that the findings confirm Duterte’s involvement in criminal acts.
At the same time, Deputy Majority Leader Jude Acidre warned that her history of “brash and violent tendencies” could not be ignored.
Despite these developments, Senate President Francis Escudero clarified that the criminal case would not affect the impeachment process.
“These proceedings are separate. Both can move forward simultaneously or independently,” he said.