Can Vice President Sara Duterte be arrested?

THE RANT THAT STARTED IT ALL Almost two years since the nation witnessed this meltdown of Vice President SaraDuterte, the incident—captured in this screengrab from the livestream feed—continues to hound her in both political andlegal arenas. MANILA, Philippines — On Friday, Sept. 4, a warrant of arrest was issued against Vice President Sara Duterte. But can the second-highest elected official of the land be arrested? In a phone interview with the INQUIRER, University of the Philippines College of Law Assistant Dean and Professor of Constitutional Law Paolo Emmanuel Tamase said there is nothing in the Constitution that exempts the Vice President from being sued. Article continues after this advertisement “There’s no basis in Philippine constitutional law for the immunity of a Vice President from any type of suit, including a criminal suit,” he said. Unlike the President, who enjoys immunity from suit while in office, the Vice President does not have the same protection. READ: Arrest warrant issued vs Sara Duterte over grave threats Tamase explained that the immunity is based on the need to allow the President to function as the country’s sole executive without facing multiple legal challenges during the term. That rationale, according to the Law professor, does not apply to the Vice President, who is “constitutionally a spare tire.” Article continues after this advertisement Duterte’s arrest, mugshot, and bail As for Duterte’s actual arrest, Tamase said this remains significant given Duterte’s position as the country’s second-highest elected official. “There is no other point in the entire Philippine history. This is the highest public officer who is currently sitting who has been subject to a criminal prosecution and arrest,” he said. Article continues after this advertisement “So, that itself is dramatic. But on the whole, the bail process is actually quite dry and run of the mill.” Tamase said the process may be “less dramatic” than what the public has seen in other high-profile cases, because her case is bailable. Under current criminal procedure, the accused does not necessarily have to be physically present when posting bail, as another person may do so on her behalf as long as the other requirements are met, he explained. According to Tamase, these may include an affidavit of residency, a barangay certification showing where she lives, and the bond required by the court. As for Duterte’s mugshot, Tamase said Duterte would still have one. “Those mugshots, she will take herself. She will just attach them to her application for bail when she posts,” he said. Impeachability vs immunity Tamase also pointed to what he described as a confusion between being impeachable and being immune from suit. “Impeachability only relates to the mode of removing a public officer whereas a criminal case doesn’t seek to remove a public officer but only hold her accountable for violating criminal acts,” he said. He also warned that extending presidential immunity to all impeachable officials would create a large gap in accountability. “If that argument were to be respected or to be given weight, you would have… at least 30 officers who are impeachable and therefore cannot be sued,” he said. “Which is absurd because it creates a huge gap in accountability among public officers in the Philippines.” The arrest warrant against Duterte was issued after the court found probable cause to hold her for trial on all three counts of grave threats. Bail was set at P120,000 for each count, or a total of P360,000. READ: WHAT WENT BEFORE: Sara Duterte’s ‘kill’ threat vs Marcoses, Romualdez The case stemmed from Duterte’s statement during an online press conference on Nov. 23, 2024, when she said she had arranged an assassination plot with a hitman to target President Ferdinand Marcos Jr., first lady Liza Araneta Marcos, and former House Speaker Martin Romualdez. The same alleged threats also form part of the Articles of Impeachment against Duterte, whose trial is currently ongoing. Effect on impeachment trial While the criminal case and Duterte’s impeachment trial are separate proceedings and do not affect one another, Tamase said the arrest warrant could affect public perception of the ongoing impeachment proceedings. Asked whether it will have an impact on how the public may view the ongoing impeachment proceedings, Tamase said, “My sense is it is likely to have an impact, but the direction is not sure, is not certain.” On one hand, the criminal prosecution could be viewed as confirmation that Duterte’s statements during a November 2024 press conference constituted grave threats, he said. “It seems to confirm on multiple fronts the fact that there was a crime committed and therefore supports the grounds for impeachment against her,” Tamase explained. But he also pointed out that the development could also strengthen the narrative among Duterte’s supporters that the legal system is being weaponized against her. “My own sense is that it’s important to hold all public officers accountable, but if trust in government is low, then you can’t help people that suspect whether there are ulterior motives,” he said. Public trust, independent institutions Asked whether the case may still possibly be viewed as being pursued on legitimate grounds, Tamase said the public should look to the strength and independence of institutions handling the case. READ: Sara Duterte Impeachment Trial: Everything you need to know He said the Department of Justice, although under the executive branch, has “historically operated with functional independence from the President,” particularly in prosecutors’ evaluation of whether criminal cases should proceed. “It’s also important for people to have faith in the courts,” Tamase said. While court cases are not always easily accessible, he said monitoring by the media and academe may help ensure that the process is conducted fairly. Your subscription could not be saved. Please try again. Your subscription has been successful. “Over and above the strength of institutions, it’s important for the process to be a little more transparent to the public,” he reiterated. /cb