After Vice President Sara Duterte's statement threatening to kill President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and House Speaker Martin Romualdez, government agencies quickly condemned her remarks.
In response, the National Bureau of Investigation (NBI) issued a subpoena on November 26, requesting Duterte to clarify her statements.
One of the possible charges that could be filed against her, based on the subpoena, is a violation of the controversial Anti-Terrorism Law (ATL), which was signed by her father, former President Rodrigo Duterte.
Ang ATL ay isa sa mga pinaka-kontrobersyal na batas sa bansa, na may 37 petisyon na humihiling ng pagpapawalang-bisa nito dahil sa malabong depinisyon ng terorismo, labis na kapangyarihan ng mga ahensya ng gobyerno, at pinalawig na panahon ng detensyon para sa mga pinaghihinalaang terorista kahit walang kaso.
However, NBI Chief Jaime Santiago clarified that Duterte has not been charged yet, and the subpoena is merely part of the ongoing investigation.
Why the Anti-Terror Law?
In a press conference on November 27, Justice Undersecretary Jesse Andres stated that the vice president's statement could be considered a violation of Section 4(a) of the ATL.
"When you take actions to harm or threaten the lives of others, that falls under terrorism. This is especially true if the purpose is to intimidate and create an atmosphere of fear," explained Andres.
"Imagine a situation where the vice president is accused of having plans against the life of the president, and then the president dies. Will the people accept that the vice president will take over as president, even with doubts about the way she rose to power? This is a very serious matter," he added.
Andres also explained that there were actions taken to initiate the threat against the president’s life, based on Duterte's own admission that she had spoken to someone to carry out the plan.
"There are acts that commenced the threat to the life of the president because, from her own words, she admitted that she had already spoken to someone and identified who the targets were," said Andres.
"The names have been given, the instructions are clear, and what needs to be done is also clear. And when asked if she could carry out the plan against the three targets, she said, 'yes.' This is not a joke," he added.
Andres also mentioned that the context of the incident is important, as the vice president would be the "beneficiary" if the president were to die or be unable to perform his duties.
Ayon sa Konstitusyon ng 1987, kung sakaling mamatay, magkasakit nang malubha, matanggal sa puwesto, o magbitiw ang pangulo, ang bise presidente ang papalit sa posisyon at tatapusin ang natitirang termino.
The Same Case Against an Official
Another public official who was charged under the Anti-Terrorism Law is the ousted lawmaker, Arnolfo Teves Jr., who Duterte described in his press conference as using the "same tactics" against him.
In August 2023, the Anti-Terrorism Council declared Teves a terrorist, accusing him of being the leader of an armed group involved in murders and a series of harassment incidents in Negros Oriental.
One of the processes for being declared a terrorist under the Anti-Terrorism Law is "designation." Once declared, the Anti-Money Laundering Council may freeze the individual's assets.
In a press conference on November 27, the vice president stated that there might be a hidden motive behind the possible filing of a case against her under the Anti-Terrorism Act.
"They want to cancel my passport, issue an international red notice [from Interpol] so I can't travel, file cases to freeze my money and assets, and issue search warrants," Duterte said in a mix of English and Filipino.
