Tuesday, 02 January 2024 12:17 GMT

Explained: Philippine VP Duterte's Arrest Order, Criminal Charges And What Happens Next


(MENAFN- Khaleej Times) Philippine Vice President Sara Duterte appeared before the
local court that issued an arrest order against her, but not
without some drama and tactics that raised not a few questions – and eyebrows.

After initially refusing to climb the stairs of the court building, the vice president eventually relented and posted bail at the Quezon
City Regional Trial Court on Saturday. But instead of having her photo taken with a police
height chart and having her fingerprints taken as is the normal practice
in the country, Duterte submitted a pre-taken photograph and her fingers appeared
immaculate after the process, indicating that no fingerprinting may have
been accomplished.

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The court eventually lifted the warrant of arrest it
issued on Friday against Duterte on three charges of grave threats against President
Ferdinand Marcos Jr and other family members of her sworn enemy.

Stay up to date with the latest news. Follow KT on WhatsApp Channels. Is Duterte in danger?

Before posting bail, Duterte argued with her lawyers that
she did not want to ascend two flights of stairs to the courthouse, recalling
that the late Senator Benigno Aquino Jr was assassinated while descending the boarding
stairs at the airport that now bears his name. It was an obvious dig at the President's family, suspected
to have masterminded the elimination of Ferdinand Marcos Sr's biggest
political rival in 1983.

Duterte also said she did not want to take the lift as it
was too small.

The vice president claimed she did not feel safe amid the
presence of hundreds of police officers who surrounded the building. She also
said her mother and children were tailed and“harassed” by security officers
while she was on her way to the courthouse.

She added that she has documented threats and harassment since
2023 and fears for the safety of her children. Duterte also publicly stated she
does not trust the police, the courts, or her assigned security team.

"I do not feel safe. I feel like they are going to
kill me,” she declared.

Duterte was originally assigned a staggering 400-strong
Vice Presidential Security and Protection Group (VPSPG) that is now down to around 325 after 75 police
and military personnel were pulled out in July 2024.

Emerging from the courthouse, Duterte asked journalists
to walk before and after her to provide security before slowly descending the
stairs. Outside the building, she spent some time issuing statements and
comforting some distraught supporters present without incident.

Was Duterte given special treatment?

Duterte's lawyer, Paul Lawrence Lim, said police
mug shots are only taken when a person has been actually arrested. Because
Duterte voluntarily presented herself to the court, subjecting her to a
standard police booking process was unnecessary, her lawyer said.

Critics, however, howled at the apparent special
treatment given Duterte.

“Sara Duterte is fortunate to process her bail seamlessly
on a weekend. I would say it is not the same for ordinary Filipinos arrested,”
human rights lawyer Maria Sol Taule said.

Taule said she was among the few lawyers who worked for
the liberty of hundreds of anti-corruption protesters mass-arrested by the
Marcos Jr. government in Manila last September 21. The advocate cited that it
took a lot of effort for their poor clients to complete all the requirements
needed, including the bail fund.

“No shortcuts, no special treatment. The individuals
arrested were detained for a week because offices during weekends are closed.
Of course, they have to endure the queues, unreasonable delays and follow-ups,
red tape and lack of resources for the families,” she said.

“But if you are Sara Duterte, you enjoy all the
privileges, right?” she added.

Lawmaker Terry Ridon, himself a lawyer, agreed with
Taule, saying“the same process should apply to everyone, whether an ordinary
citizen or the vice president.” Ridon cited Senator Rodante Marcoleta, who
underwent photography and fingerprinting when he submitted himself to the
Philippine anti-corruption court.

“It is clearly a case of special treatment that does not
speak well of the rule of law and the equality of persons before the law. The
law should be equally applied to all respondents: ordinary folk, senators, vice
presidents,” he added.

But are the charges vs Duterte legal?

Legal experts shot down claims by Duterte supporters
that the grave threat charges against the Vice President are a case of double
jeopardy as the ongoing impeachment trial against her includes threats she
allegedly made against the Marcos family.

Former Senate President and Department of Justice
secretary Franklin Drilon said the filing of charges against Duterte is legal
as double jeopardy does not apply when a public official faces both a criminal
grave threats case in a regular court and an impeachment proceeding in
Congress.

Drilon explained: "The regular court handles criminal liability and
potential imprisonment under the Philippine Penal Code while the Impeachment
Court is a unique constitutional tribunal that evaluates political
accountability, fitness for office, removal, and disqualification."

Lawyer and impeachment trial spokesperson Reginald Tongol
also said, adding,“Double jeopardy strictly applies to successive criminal
proceedings.” The court charges, Tongol said,“have absolutely zero legal
implication on the ongoing impeachment trial.”

Will she be able to visit her father Rodrigo again?

Known to spend substantial time abroad since her falling
out with erstwhile political ally Marcos Jr, the pending criminal cases and
potential court proceedings may impede Duterte's foreign trips that include
periodic jail visits to her father, former Philippine president Rodrigo
Duterte, at the International Criminal Court detention facility in The
Netherlands.

Duterte may have to apply for travel permits with the
court trying her cases before being allowed to travel abroad.

Public prosecutors are expected to cite the vice
president's capacity to flee while abroad to oppose Duterte's travel permit
applications, lawyers said.

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