FACT: VPSD has no immunity vs. criminal raps – DOJ

Sebastian Janapin

A circulating post on TEAM SARA DUTERTE Facebook page says Vice President Sara Duterte can face criminal charges, despite being the second-highest elected official in the land.

CLAIM

In the post, the Department of Justice (DOJ) has affirmed that the Vice President can still face criminal prosecution while serving in office. DOJ spokesperson Polo Martinez particularly pointed out that the immunity from facing charges as a public official only belongs to President Bongbong Marcos, because the President is the country’s chief executive.

RATING: FACT

CONCLUSION

While there are no explicit statements in the 1987 Philippine Constitution regarding the President’s immunity from facing criminal charges, several jurisprudences from the Supreme Court have recognized, maintained, and affirmed this doctrine. This obviously does not apply to the Vice President.

THE FACTS

• Last August 11, the DOJ filed three counts of grave threats against the Vice President before the Quezon City Regional Trial Court (QC RTC), in relation to her strongly worded assassination remarks against the President, the First Lady, and former House Speaker last November 2024.
• Duterte’s legal team has openly stated its position that the Vice President cannot be criminally prosecuted while in office since she is an impeachable officer, according to her legal counsel, Atty. Paul Lawrence Lim.
• Last September 4, the QC RTC found probable cause to issue an arrest warrant against Duterte and place her on trial, with the court setting the bail at ₱120,000 for each count, totaling ₱360,000. Duterte later posted bail on September 5, and the warrant was lifted, but the trial proceedings will continue.
• After the DOJ filed the grave threats case with the court, Duterte’s camp filed a motion to quash the case, asking for the charges to be dismissed on jurisdictional grounds. This motion, however, was denied by the court due to lack of merit.
• Philippine laws and the Constitution follow the presidential immunity doctrine, which states that only the highest public official of the land cannot be sued or charged while in office. This obviously does not apply to Vice President Duterte, and only President Bongbong Marcos can avail of this doctrine, as of today.
• University of the Philippines College of Law Assistant Dean and Professor of Constitutional Law Paolo Emmanuel Tamase has further affirmed the doctrine, saying that “there’s no basis in Philippine constitutional law for the immunity of a Vice President from any type of suit, including a criminal suit.” He further added that the immunity allows the President to perform their duties as the country’s chief executive without facing legal challenges during their term.

THE BOTTOMLINE

Under Philippine law, the Vice President cannot avail of any immunity from suit as it only applies to the President.