Will Philippine VP Sara Duterte Avoid Jail Time Despite Arrest Order?

(MENAFN- Khaleej Times) Philippine Vice President Sara Duterte is unlikely to see jail time even after a local court issued an arrest order on Friday in connection with her alleged grave threats against President Ferdinand Marcos Jr and other members of his family.

Department of Interior and Local Government secretary told reporters the Vice President's lawyers“intend to post bail as soon as possible.” The court set the bail for Duterte at P120,000 (Dh7,200) for each count.

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Duterte's lawyer Paul Lawrence Lim also said in a statement that the beleaguered vice president“has no intention of evading the law” and will exercise all her legal remedies,“regardless of the question of jurisdiction.”

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The Department of Justice (DOJ) said that the court found probable cause to hold Duterte for trial on all three counts of grave threats and ordered the issuance of the warrant of arrest. It noted that Branch 98 of the Quezon City Regional Trial Court denied Duterte's motion to defer or recall the arrest warrant against her“for lack of merit.”

“The Department respects the Court's ruling and reaffirms its commitment to the rule of law,” said agency spokesperson Atty. Polo Martinez, adding that only one warrant of arrest is active against Duterte.

Six months in jail

Duterte's camp earlier sought to dismiss the grave threats cases, citing lack of jurisdiction.

“Our position is, our Vice President is an impeachable official. Our Constitution says impeachable officials may only be removed from office through impeachment proceedings and trial,” Lim previously said.

“Duterte should not be charged with criminal charges in court as was done against her,” Lim added.

Duterte's arrest order comes as the Senate is conducting an impeachment trial against her, which includes the alleged grave threats as crucial elements in the ongoing bid to remove and permanently ban her from seeking or holding government office.

Under the Philippine legal code, a criminal conviction by the courts would carry a jail term of up to six months.

No immunity

Officials of the Marcos government maintain that the vice president may be criminally charged in court while in office, as immunity is only extended to the President.“The DOJ's position is that presidential immunity is lodged solely in the president as chief executive, which is why the DOJ filed the case against the accused,” Martinez said.

Presidential spokesperson Claire Castro on Friday also said that it respects the court's decision and will abide by legal processes.

The case stemmed from Duterte's statement in an online briefing in November 2024 that she had arranged for President Marcos, First Lady Liza Araneta-Marcos, and former House Speaker Martin Romualdez to be killed should she be assassinated first.

Duterte has since maintained her remarks were taken out of context.

The National Bureau of Investigation said Duterte's alleged threats were serious and real, warranting investigations and the filing of charges.

Castro also said on August 13 that it was the DOJ that filed the charges against Duterte in the Quezon City court, as the threats contained“elements of inciting to sedition.”

“It had the effect of her intention to sow hatred against the President [and] against the government,” Castro said in a Palace briefing last August 13.

What can Duterte do?

The associate dean of the University of the Philippines College of Law told reporters that Duterte's lawyers are expected to file for bail as soon as possible.

"The easiest thing for VP Sara to do is to file for bail with the regional trial court," Atty. Paolo Tamase said, noting that Duterte would likely not need to be present.

He added that Duterte may continue to challenge the arrest order with appellate courts, a process that may take years to complete. "She can potentially question the issuance of the warrant of arrest, which means she would go up to the Court of Appeals or potentially the Supreme Court," he told Agence France Presse.

On Friday, Duterte was spotted at the Royal Norwegian Embassy in Metro Manila's Taguig City signing the Book of Condolences for the death of the Scandinavian kingdom's King Harald.

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