Prosecutor junks police complaint vs Duterte

Metro Manila, Philippines - The Quezon City Prosecutor's Office has dismissed the complaint against Vice President Sara Duterte and her staff for direct assault, grave coercion, and disobedience to authority during the November 2024 confrontation at a hospital in Quezon City.

The case stemmed from the scuffle during the transfer of Zuleika Lopez, Duterte’s chief of staff, from the Veterans Memorial Medical Center (VMMC) to the St. Luke's Medical Center in Quezon City.

Lopez was brought to the VMMC after falling ill amid her detention at the House of Representatives over supposed interference during the confidential fund probe.

PLtCol Van Jason Villamor of the Philippine National Police (PNP) health service said Duterte and her staff, PCol Dante Lachica, seriously intimidated him. The PNP earlier presented a video of Lachica pushing Villamor.

READ: Police file charges vs. Duterte, security detail

In a resolution dated Jan.17 and shared to the media on Jan. 28, the prosecutor’s office said the complaint lacked evidence.

“There is no denying that VP Duterte-Carpio and Col Lachica did not attack, employ material force, seriously intimidate or seriously resist PLtCol Villamor. The acts of placing a hand over the chest, pushing, and shoving do not constitute attack or physical force. To be considered as direct assault, the laying of hands or the use of physical force must be serious,” it said.

The resolution also said Villamor was not a “person in authority” during the incident.

“Bringing a detainee from the HOR (House of Representatives) to a hospital is certainly beyond the official functions of PLtCol Villamor as a police doctor. As correctly pointed out by VP Duterte-Carpio and Col Lachica, there is no scintilla of proof of his authority to implement any order from the HOR. He is not connected with the HOR and he failed to present proof that he was deputized to implement any HOR order,” the decision read.

“While it is true that PLtCol Villamor was wearing a police uniform during the incident, the fact remains that he was not in the act of discharging the official functions of his office that time. As such, we deem that during the incident, he exceeded his powers and was not engaged in the actual performance of his official duties or on the occasion of such performance,” it added.

For grave coercion, the resolution said the element of “prevention or compulsion is effected by violence, threats or intimidation” was nonexistent.

“Interestingly, not one of the witnesses of PLtCol Villamor corroborated his claims regarding the purported attack, employment of physical force, intimidation, resistance, disobedience, violence and threats. They did not narrate the encounter between the parties in their respective affidavits. They also did not discuss the behavior of PLtCol Villamor after the incident, which could have persuaded us that he was threatened and intimidated,” the prosecutor said.