Former President Rodrigo Duterte’s chief presidential legal counsel Salvador Panelo said the grave threats charges against Vice President Sara Duterte carry a much stiffer penalty, like perpetual disqualification from holding public office, than ordinary grave threats because the alleged offense was filed in relation to the Cybercrime Prevention Act.
Panelo said ordinary grave threats carry a lower penalty, but the penalty is raised by two degrees when the offense is committed through a computer system under the Cybercrime Prevention Act.
“The punishment for grave threats ordinarily it will be lower, but because of the cyber crime law, it’s 2 degrees higher and that will come to reclusion temporal,” Panelo said.
He said the higher penalty also carries an accessory penalty of perpetual disqualification from public office.
“And there is an accessory penalty for that. And that is perpetual disqualification,” Panelo said.
Panelo argued that the increased penalty makes the criminal case particularly significant because a conviction could result in Duterte’s perpetual disqualification from holding public office.
“So you’re circumventing, so you cannot do that. That’s ultra vires,” he said.
Panelo made the statement during an interview on Bilyonaryo News Channel’s At The Forefront with Atty. Karen Jimeno.
He maintained that the grave threats case should not have been filed while Duterte remains vice president by arguing that the Constitution provides impeachment as the process for removing an incumbent vice president from office.
“That has always been my position. Grave threats cannot be filed while she is holding office,” Panelo said.
“Because there is only one way by which you can remove the Vice President in office..how? You file the impeachment,” he added.
Panelo said the prosecution could proceed after the impeachment process but not before or during it.
“And the Constitution is very clear. While you can prosecute her, but that will be after and not before or during,” he said.
He claimed that pursuing the grave threats case while Duterte is in office effectively circumvents the Constitution because of the possible consequences of a conviction.
“You must remember what they are not telling us. That by filing the grave threats, they are actually circumventing the Constitution,” Panelo said.
Panelo also described the criminal case as a possible “insurance” alongside the impeachment effort against Duterte.
“One is the impeachment, since they are not really sure whether they can get the 16 votes. So they file these grave threats. Kung baga, insurance itong grave threats,” he said.
Panelo further questioned moves to challenge the ruling that 16 votes are needed in the impeachment court, saying the threshold is based on the 24-member Senate.
“Hindi naman siya (Escudero) kakailangan mag-ruling. Because that is what the constitution says,” Panelo said.#