Duterte threat to Marcos possibly actionable in anti-terrorism law - DOJ

Metro Manila, Philippines – The anti-terrorism law is broad enough to merit an investigation of the strong remarks of the vice president against the president that could possibly result in destabilization, a justice official said on Thursday, Nov. 28.

In an interview with NewsWatch Plus, Justice Undersecretary Jesse Andres said “even a mere threat, proposal, or conspiracy” to commit acts of terrorism under the law, in light of the scheduled appearance of Vice President Sara Duterte before the National Bureau of Investigation (NBI).

The NBI has summoned Duterte to appear on Friday, Nov. 29, for alleged grave threats and possible violation of the anti-terror law.

Duterte earlier said she ordered someone to kill President Ferdinand Marcos Jr., his wife Liza Araneta, and House Speaker Martin Romualdez, if she herself gets murdered. She later claimed her statements were “taken out of logical context” as she was talking about “revenge from the grave.”

Section 4 of the Anti-Terrorism Act  states that terrorism is committed by any person who may engage in “acts intended to cause death or serious bodily injury, to any person, regardless of the stage of the execution.”

“It’s a very strong law. Very broad law that covers many kinds of acts,” said Andres.

“Kaya po iyong pahayag ng bise presidente, we’re taking it in the context of all other contemporaneous acts. Iyong mga nangyayari sa kasalukuyan. Dahil iyong pagbanta sa buhay ng isang tao that is intended to cause destabilization or so-called terror is punishable under the anti-terror law,” he added.

[Translation: The statement of the vice president is being taken in the context of all other contemporaneous acts, meaning the events that are happening currently. Because threats to a person's life that are intended to cause destabilization or so-called terror are punishable under the anti-terrorism law]

The vice president accused the administration of following a "playbook" against former Negros Oriental Rep. Arnie Teves Jr., who was designated as a terrorist after he was implicated in the murder of Negros Oriental Gov. Roel Degamo in 2023.

Meanwhile, Andres said the agency is monitoring the statements of Duterte's father, former President Rodrigo Duterte, on calls for military action, an act he described as “legally questionable.” 

‘No such thing as conditional threat’

The justice official also downplayed the “conditional threat” behind the vice president’s remarks.

“Iyon po ay paglalagay ng batas sa sarili niyang kamay. An act of revenge po is very uncalled for for a public official dahil extrajudicial killing po iyan,” said Andres.

“Grave threats pa rin po iyon kahit may condition ka. Ang hindi po kanais-nais sa sitwasyon na ito ay dahil siya ay elected high-ranking official who should subscribe to the dictates of due process and the rule of law. Bakit naman po ang response niya ay maghiganti nang walang paglilitis?” he added.

[Translation: That is taking the law into one's own hands. An act of revenge is very uncalled for by a public official because that is considered extrajudicial killing… That is still a grave threat, even if you have a condition. What is undesirable in this situation is that she is an elected high-ranking official who should adhere to the dictates of due process and the rule of law. Why did she respond that she’s seeking revenge without any trial?]

Andres said the agency has no other agenda in summoning Duterte as “the full force of the law will always be applied equally to anyone”.

NewsWatch Plus sought the comment of the vice president’s office.