DOJ: Duterte’s call to AFP ‘bordering on sedition’

MANILA, Philippines — An official of the Department of Justice described as “bordering on sedition” the statements of former president Rodrigo Duterte – who called on the military to “rethink” their support for President Marcos – and his daughter Vice President Sara Duterte that she had contracted a hitman to take out Marcos.

In an interview Tuesday with “Storycon” on One News, DOJ Undersecretary and National Prosecution Services head Jesse Andres said the agency is conducting a thorough review of the video recording of the Dutertes, where they made their respective incendiary statements.

“We are studying closely the statements. But it is bordering on sedition because of the tirade against the President. His (alleged) inability to lead are all matters within the bounds of possible sedition,” Andres said.

“But we will cross the bridge when we get there. The investigation will have to be done,” he added.

Andres said it was not the first time that the former president alleged that Marcos had a drug habit.

He added that Sara’s “kill” threat against the President, First Lady Liza Araneta-Marcos and Speaker Martin Romualdez if she gets killed indicates “revenge.”

“The reaction to kill as a revenge or to have a people power is not a rule of law. There are legal remedies to that,” Andres explained, adding that “protected speech” has limitations.

“The protected speech has limitations to clear and present danger; you have to understand that it should be only the presence of, but all contemporaneous act. We will also include those past statements (of Rodrigo). We will tie that up to understand the context of the statement and if that crosses the line, we have to deal with it based on the existing laws,” Andres said.

The justice official urged Sara to cooperate and come to the DOJ for the investigation to be conducted by the agency.

The National Bureau of Investigation (NBI) will also investigate Sara’s allegations of threats to her life.

“The NBI also is tasked by law to investigate if there is any threat to the Vice President because she is also a high government official,” Andres said.

The NBI or the Philippine National Police (PNP) has yet to receive intelligence reports or other information that would indicate a threat on Sara’s life, according to Andres.

Andres gave assurance the Vice President can always rely on the NBI and she can go there anytime to give information regarding her death threat claims.

“We will ask her what she knows about the threat on her life and we will act on it. We are a government of laws. We will be addressing the concerns of every Filipino. She is the Vice President. If she knows that she has threats, lay it down to us,” Andres said.

He noted the danger in Sara’s statement that anticipates a real threat to her life.

“The danger there is if something happens to the Vice President (but) which was not done by anybody. If the President will be accused, it’s a difficult scenario because she already said that if something happened to her, she was pointing to the (President),” he explained.

“The due process must be everything. The legal remedies she may have for criminal offenses should be coursed to the legal system. We have a vibrant, effective legal system. That is our belief and we are strengthening that,” he added.

Andres assured Sara that the DOJ will be fair.

“We only file cases, if ever we’ll do it against the Vice President, after gathering all the evidence needed to prove all charges. The DOJ’s style is now different. We already remove the probable cause in filing cases,” Andres said.

“All the people will benefit from that, including the Vice President. No harassment of cases will be filed. You are assured that when we file cases, the evidence will be solid,” he said.

Andres earlier explained Sara may face sedition and grave threats raps over her “kill” threat since the Vice President is not immune from charges and can be subject to any criminal or administrative case.

The NBI earlier served a subpoena against Sara to explain her pronouncement.

Andres also belied the claims of the former president of a “fractured governance,” adding that there is likewise “no remedy that can possibly come from the military.”

“The military has no role in civil governance except to protect the people. If there is any legal remedy they need to exhaust, the judicial and legal processes are available. I do not know where the (former) president is coming from, that a solution can be coming from the military,” he said.

The former president’s remarks have added to the increasing tensions between the Marcos family and the Duterte clan, which reached boiling point over the weekend after the Vice President issued her assassination pronouncement.

The older Duterte asked the military how long it would continue to support Marcos, who the ex-president alleged was a “drug addict.”

AFP chief Gen. Romeo Brawner Jr. earlier said the military will stay loyal to the Constitution and remain nonpartisan.

NBI probe

The NBI is investigating the former president’s recent call for the military to “correct” what he described as a “fracture in governance” under President Marcos’ administration.

NBI director Jaime Santiago said yesterday the bureau is verifying the authenticity of Duterte’s statement, which was made during an online press conference in Davao late evening of Nov. 24.

“We are thoroughly examining the matter. At the same time, we are already taking necessary steps if the video clip and his statement are indeed authentic,” Santiago said in an interview over dwPM.

The NBI chief noted that with the proliferation of advanced technology, including deepfake videos and AI-generated content, it is crucial to ensure that the video in question is genuine.

Meanwhile, the PNP yesterday vowed to remain apolitical amid the political rift between Marcos and Duterte.

Brig. Gen. Jean Fajardo, PNP public information officer, said police officers will not be swayed by people with personal and vested interests who call for them to go against duly constituted authorities and the Constitution.

“We will remain apolitical and nonpartisan despite these noises,” she said at a news briefing in Camp Crame.

Fajardo responded to Duterte’s call by urging everyone to spare the PNP and the AFP from the current political noise.

“We call on our kababayans: let us all be discerning with all news coming out,” she urged.

As members of the AFP and the PNP, Fajardo stressed police and military personnel will only follow legal orders.

Meanwhile, the mass gathering at the EDSA Shrine in Quezon City by supporters of the Vice President was not spontaneous as the PNP received reports they were paid in exchange for participating in a three-day vigil.

Fajardo said they received information that Duterte’s supporters were transported from several barangays to the EDSA Shrine. In return, they would receive P500 and food as payment.

However, the PNP spokesperson revealed the participants were apparently duped by organizers after they only received P200. She showed a video supposedly of Duterte’s supporters arguing about their payment.

Brig. Gen. Anthony Aberin, National Capital Region Police Office director, said the crowd at EDSA Shrine peaked at about 600 on Tuesday at around 4 p.m.

The participants were from communities in Taguig, Caloocan, Baseco compound in Manila and Cavite. –  Mark Ernest Villeza, Emmanuel Tupas, Daphne Galvez