Explainer: How VP Sara's 'kill' remark vs Marcoses may violate Anti-Terror Law

MANILA, Philippines — Following Vice President Sara Duterte's remark threatening to assassinate President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and House Speaker Martin Romualdez, government agencies swiftly condemned her pronouncement.

In response to the threats, the National Bureau of Investigation (NBI) issued a summons to the vice president on November 26, asking her to clarify her remarks.

One of the possible charges indicated in the subpoena is under the controversial Anti-Terrorism Law (ATL), which was signed into law by Sara Duterte’s father, former President Rodrigo Duterte.

The ATL is one of the most contested laws in the country, with 37 petitions seeking its nullification due to vague definitions of terrorism, overreaching powers granted to government agencies and extended detention periods for tagged suspects without charges.

However, it should be noted that Duterte has not yet been charged, and the subpoena is solely for investigation, according to NBI chief Jaime Santiago.

Why the Anti-Terror Law?

In a press conference on Wednesday, November 27, Justice Undersecretary Jesse Andres said the vice president's remark could be considered a violation of Section 4 (a) of the ATL.

“Kapag kayo ay gumawa ng hakbang para saktan o bigyan ng banta ang buhay ng ibang tao, kasama po ‘yan sa terrorism. Lalo na po kung purpose niyan ay to intimidate and create an atmosphere of fear,” Andres said. 

(When you take actions to harm or threaten the life of another person, that is considered terrorism, especially if the purpose is to intimidate and create an atmosphere of fear.)

“Can you imagine a situation where the vice president is accused of plotting against the life of the president and then the president actually dies? Will the people accept the vice president to succeed the president when he is even under a cloud of doubt of how she would accede to power? So napakaseryoso po yan (This is very serious),” he added. 

Section 4 (a) defines the act of terrorism as the following:

Engages in acts intended to cause death or serious bodily injury to any person, or endangers a person's life;

Andres also explained that actions had already been taken to initiate the threat against the president's life as Duterte admitted to hiring someone to carry out the act.

“Mayroon akong acts that commenced the threat to the life of the president dahil nanggaling din sa kanyang bibig na mayroon na siyang kinausap na tao na in-identify na kung sino ang mga target,” Andres said. 

(There are acts that initiated the threat to the life of the president because it came from her own words that she had already spoken to someone who identified the targets.)

“Binigay na po ang pangalan, maliwan na po ang instruction at ano po ang gagawin. At kung nung tinanong po kung kaya niyang gawin, ano po siya 'yung tatlong target, ang sabi po, yes, it's no joke,” he added. 

(The names have already been given, the instructions were clear, and the actions to be taken were specified. When asked if the three targets could be carried out, the response was, "Yes," it's no joke.)

The Justice undersecretary added that this should be considered in context, as the vice president would be the "beneficiary" if the president were to become incapacitated or die.

According to the 1987 Constitution, if the president dies, becomes permanently disabled, is removed from office, or resigns, the vice president shall assume the presidency and serve the unexpired term.

Similar case vs public official

Another public official charged under the Anti-Terrorism Law is expelled lawmaker Arnolfo Teves Jr., whom Duterte described in her press conference as the '"same playbook" used against her.

In August 2023, the Anti-Terrorism Council designated Teves as a terrorist, alleging that his leadership of an armed group involved orchestrating killings and a series of harassment incidents in Negros Oriental.

A designation is one of the processes used to label someone a terrorist under the Anti-Terrorism Law. Once designated, the Anti-Terrorism Council, through the Anti-Money Laundering Council, may freeze the assets of the individual.

In a press conference on November 27, the vice president said there was an ulterior motive behind the possible filing of charges against her under the Anti-Terrorism Act.

"They want to cancel my passport, get me red-noticed internationally [by the Interpol] so I can't travel overseas, file anti-money laundering charges to freeze my money and properties, and issue search warrants," Duterte said in mixed English and Filipino. — with reports from Cristina Chi.