The grave threats case filed by the Department of Justice (DOJ) against Vice President Sara Duterte and the impeachment proceedings against her are separate legal processes that may proceed independently of each other, House prosecution counsel and spokesperson Atty. Benjamin Tolosa Jr. said Wednesday.
In a DZRH's Dos Por Dos interview, Tolosa explained that the grave threats case seeks to determine Duterte’s criminal liability, while the impeachment trial before the Senate Impeachment Court focuses on whether she remains "fit" to hold public office.
“Magkahiwalay naman ho ito. Ang pinag-uusapan naman dun sa grave threats, yung criminal actions, ang din-determine dyan is criminal liability. Ang kaparusahan ho dyan ay pagkakabilanggo,” Tolosa said.
“Dito naman sa impeachment proceedings, ang tinutuntunan natin dito is yung fitness to remain in office. At ang magiging basehan naman dyan ay ‘yung question ng nilabag ba ng vicepresidente, ang tiwala ng bayan,“ he added.
He said the impeachment proceedings, meanwhile, are concerned with the alleged violation of public trust and whether an official committed serious breaches of her constitutional duties.
The possible penalties in an impeachment case include removal from office and perpetual disqualification from holding public office, Tolosa said.
“So these are two separate legal actions that could proceed independently of each other,“ he noted.
Tolosa also pointed out that the two cases have different standards or quantum of evidence, with the criminal case requiring a higher level of proof because imprisonment may be imposed upon conviction.
“Of course, mas mabigat din ho yung nandun sa criminal case dahil kulong ang kaparusahan diyan,” he said.
The DOJ has filed a formal grave threats complaint against Duterte before the Quezon City RTC for alleged violation of Article 282 of the Revised Penal Code, in relation to Section 6 of Republic Act No. 10175, or the Cybercrime Prevention Act.
The case stemmed from Duterte’s remarks during a livestreamed press conference in November 2024, when she said that she had hired someone to kill President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker Martin Romualdez if she were killed.
The National Bureau of Investigation (NBI) subsequently filed a complaint for inciting to sedition and grave threats against the Vice President in February 2025.
The grave threats case is also among the matters being raised in the ongoing impeachment proceedings against Duterte.
Earlier, DOJ spokesperson Atty. Polo Martinez clarified that the proceedings before the Quezon City Regional Trial Court (RTC) and the Senate court are distinct and separate and do not procedurally affect each other.
