The legal team representing Vice President Sara Duterte has urged the Quezon City Regional Trial Court (RTC) to schedule oral arguments on their motion to quash grave threats charges filed against her by the Department of Justice (DOJ).
Counsel asserts that an ordinary trial court lacks jurisdiction over a sitting Vice President, arguing that impeachable officers are immune from criminal prosecution while actively holding office.
Speaking at a virtual press conference on Friday, August 14, defense attorney Paul Lawrence Lim confirmed the motion, emphasizing that the case raises fundamental constitutional questions regarding jurisdiction and the boundaries between impeachment and criminal trial proceedings.
The defense maintains that while an impeachable official may be held criminally liable, such proceedings can only take place after they leave office.
”Maaaring kasuhan pero hindi habang nakaupo,” Lim said, clarifying that an impeachable official can only face criminal action once out of office.
”If a sitting Vice President may be indicted and prosecuted, then other incumbent impeachable officers such as the Ombudsman, members of the Constitutional Commissions, Supreme Court justices, and even the President, may also be indicted and prosecuted,” Lim said.
”It’s not only the VP who is an impeachable officer,” Lim added.
The defense stressed that the outcome of this case holds “very far-reaching and serious” implications, warning that allowing the indictment of an incumbent Vice President could trigger a cascade of legal actions against other constitutional leaders.
When asked whether Duterte would surrender if the court denies the motion to quash and issues a warrant of arrest, Lim refrained from disclosing specific legal maneuvers but confirmed that all statutory options remain open.
”There are possible remedies that we can use,” Lim said.
”She’s ready to confront the legal proceedings,” Lim noted, adding that the Vice President remains in high morale and intends to clear her name.