DOJ: VP Sara has no immunity from suit

September 4, 2026

By ABOGADO.COM.PH Staff

The Department of Justice on Friday maintained that Vice President Sara Duterte does not enjoy immunity from criminal prosecution, saying presidential immunity is reserved for the President.

“The DOJ’s position is that presidential immunity is lodged solely in the president as chief executive, which is why the DOJ filed the case (grave threats) against the accused (Duterte),” Justice Department spokesperson Atty. Polo Martinez said.

The DOJ’s position comes as Duterte faces a criminal case before the Quezon City Regional Trial Court involving three counts of grave threats.

The court just ordered the issuance of warrant against Duterte.

Prosecutor General Richard Anthony Fadullon previously said there is nothing that prevents the DOJ from prosecuting Duterte before the regular courts despite her status as an impeachable officer.

“Kasi wala namang nagba-bar na hindi siya pwedeng file ng kaso. Yan ang pananaw ng Department of Justice,” Fadullon said.

The DOJ has maintained that the criminal case and the impeachment proceedings are separate and independent.#