MANILA, Philippines — Rep. France Castro (ACT-Teachers) filed criminal charges against former President Rodrigo Duterte on Tuesday at the Quezon City Prosecutor's Office.
The Makabayan Bloc lawmaker, along with lawyers Tony La Viña, Rico Domingo, and others from the Movement Against Disinformation, initiated legal action in response to Duterte's death threats against Castro. The death threats stem from her scrutiny of the confidential funds of Vice President and Education Secretary Sara Duterte.
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"Kailangan niyang harapin ang accountability sa matinding pagbabanta sa aking buhay (He [Duterte] must be held accountable for the serious threats to my life),” Castro said in a press conference.
The charges filed fall under Article 282 of the Revised Penal Code (RPC), aimed at addressing Duterte's tirades against Castro, which they said “pose a significant risk to her personal liberty and security.”
The provisions of the RPC cited by Castro and her lawyers pertain to grave threats. If found guilty, the penalty could include imprisonment for a period of one to six months, along with a fine, depending on the court’s discretion.
However, according to La Viña, the penalty may be elevated by one degree since it is also covered under the Cybercrime Prevention Act.
“Duterte got away from many things because he had immunity,” La Viña said in the press conference.
“For the first time, we are holding him accountable in a Philippine court,” he added.
Under Section 6 of the Cybercrime Prevention Act, felonies punished under the RPC receive a penalty that is one degree higher.
On October 10, during a live television interview with Sonshine Media Network International, owned by his avid supporter Apollo Quiboloy, Duterte claimed that Castro was the "first target" of her daughter's confidential funds.
The video of the interview has since been deleted.
On October 15, House parties, including the former party of Rodrigo Duterte, urged the former president to stop the death threats and insinuations of harm against any member of the House of Representatives.
“We, leaders of all political parties in the House of Representatives, take utmost exception to the remarks made by former President Rodrigo R. Duterte,” they said in a statement.
During his presidency, Rodrigo Duterte was known for delivering public speeches that often included strong language, tirades and occasional death threats.
The House Committee on Appropriations scrapped the confidential funds of his daughter's office and reallocated them to various agencies responsible for West Philippine Sea security.
Immunity lapsed
Castro and her lawyers hope that further charges will be brought against the former president, considering his immunity from prosecution.
La Viña, a dean and a law professor from the Ateneo School of Government, said that the former president can now be held accountable for the things he did.
“Pwede na mag-file for crimes committed before his presidency, during his presidency, and after his presidency (We can now file charges for his [Duterte's] crimes committed before his presidency, during his presidency and after his presidency),” La Viña said.
“We are hoping na magbubukas (ito) ng wave of accountability lawsuits. (We hope that this will pave the way for accountability lawsuits against Duterte),” he added.
The president's immunity from prosecution is granted by the 1987 Constitution, specifically under Article 7.
At present, the lawyers said that they still have no basis for other possible charges against Duterte aside from grave threats.
“We’re sticking to the rule of law here. Even in the height of big problems, napapagalaw naman namin ang wheels of justice,” La Viña said.
(We’re sticking to the rule of law here. Even in the height of big problems, we make sure that the wheels of justice continue to turn.)
Human rights group KARAPATAN lauded Castro for filing charges against the former president.
“The fact that Duterte and his ilk have the gall to declare open season against their perceived enemies shows that they are able to hide behind the same climate of impunity that shielded them when Duterte was president. This has to stop,” Karapatan Secretary General Cristina Palabay said in a statement.