Vice President Sara Duterte has finally brought her grave threats case to the Supreme Court and asked the high tribunal to declare her indictment for three counts of grave threats illegal and nullify it.
In a 28-page petition, Duterte questioned the legality of the DOJ’s Aug. 7, 2026 resolution recommending her indictment and the subsequent filing of three criminal Informations before the Quezon City Regional Trial Court.
She asked the SC to issue a temporary restraining order and/or writ of preliminary injunction to immediately stop the proceedings and prevent further prosecution while she remains an incumbent vice president.
Duterte specifically sought the nullification of the DOJ resolution and the three Informations filed in Criminal Case Nos. R-QZN-26-06956, R-QZN-26-06957 and R-QZN-26-06958, all involving alleged grave threats under Article 282 of the Revised Penal Code in relation to Section 6 of Republic Act No. 10175, or the Cybercrime Prevention Act.
The petition, filed through her counsel, names Justice Secretary Fredderick Vida, the National Prosecution Service through Prosecutor General Richard Anthony Fadullon, and the National Bureau of Investigation Cybercrime Division as respondents.
Duterte argued that the DOJ acted without jurisdiction or with grave abuse of discretion when it ordered her indictment and caused the filing of the criminal cases.
She claimed that, as an incumbent impeachable officer, she enjoys “limited procedural immunity” from criminal prosecution while in office.
She argued that allowing the criminal prosecution to proceed while she is vice president would violate the constitutional structure governing impeachable officials and undermine the separation of powers.
According to Duterte, the Constitution provides a specific process for removing impeachable officials from office, which is impeachment, and criminal prosecution should not be used to accomplish indirectly what cannot be done directly outside that process.
She also argued that the possible penalties attached to the criminal offenses, including accessory penalties that may affect a person’s qualification to hold public office, could effectively result in her removal or disqualification without an impeachment conviction.
The Vice President maintained that such a situation would improperly allow the criminal justice system to interfere with the constitutional tenure of an incumbent impeachable official.
Duterte further argued that the claimed limited immunity is necessary to prevent criminal proceedings from disrupting the functions of an incumbent vice president and to preserve the balance among the three branches of government.
She invoked several SC decisions and constitutional principles in support of her position, including cases involving impeachment, separation of powers, judicial review and the independence of constitutional institutions.
The petition also cited the characterization of the vice presidency as a “President in reserve,” by arguing that the office carries an important constitutional function because the vice president may be called upon to assume the presidency.
Duterte said the criminal proceedings could therefore impair not only the performance of her present duties as vice president but also her readiness to assume the presidency should the constitutional situation arise.
The grave threats case stemmed from statements attributed to Duterte involving President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and former House Speaker Martin Romualdez.
The NBI Cybercrime Division had earlier investigated the matter and filed a complaint that included one count of inciting to sedition and three counts of grave threats.
Duterte had invoked her claimed immunity in her counter-affidavit during the preliminary investigation.
The DOJ eventually issued its resolution directing her indictment followed by the filing of the three Informations before the Quezon City RTC.
Duterte said she received the DOJ resolution and the criminal Informations on Aug. 11, 2026.
She argued that her petition was filed within the 60-day period provided under Rule 65 of the Rules of Court for petitions for certiorari and prohibition.
The Vice President also cited a separate legal battle involving her claim of immunity as an incumbent impeachable official.
A declaratory relief case she filed before the San Juan RTC in December 2024 is now pending before the SC as a Petition for Review on Certiorari in G.R. No. E-05721.
In her latest petition, Duterte asked the SC to immediately stop the criminal proceedings, order the withdrawal of the three Informations and ultimately declare the DOJ resolution and the Informations void.
She also asked the high court to permanently prohibit the respondents from pursuing the criminal prosecution for as long as she remains vice president.
Duterte is asking the SC to rule on that issue and, in the meantime, stop the grave threats proceedings against her.#