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