NBI recommends inciting to sedition, grave threat charges vs Duterte

Metro Manila, Philippines - The National Bureau of Investigation (NBI) has recommended the filing of inciting to sedition and grave threat charges against Vice President Sara Duterte over her “kill” remarks against President Ferdinand Marcos Jr.

In a statement, the Department of Justice (DOJ) said it has received the NBI’s recommendation on Wednesday, Feb. 12.

The agency said the case will be evaluated and go through preliminary investigation by the National Prosecution Service (NPS).

“The Supreme Court has ruled that what matters is the intent behind the words - whether they were meant to convey a serious threat or instill fear. This is what the prosecutors will evaluate based on the evidence presented,” the DOJ said in a press statement.

“While freedom of speech is protected, the Supreme Court has consistently ruled that it does not extend to speech that incites violence, rebellion, or disorder. The law does not require that an unlawful act be carried out - only that the statement was made with the intent to stir public unrest or disrupt stability,” it added.

The DOJ said the process will undergo case buildup to assure sufficiency of evidence. The respondent may also submit a counter-affidavit for review.

The case stemmed from a November 2024 press briefing of Duterte saying she had asked someone to kill the president, First Lady Liza Araneta Marcos, and House Speaker Martin Romualdez, if she herself gets murdered. She later said her statements were taken out of context.

In a statement, Duterte responded to the NBI recommendation.

“As expected,” she said.

The vice president had skipped the agency’s subpoena twice.

Duterte’s “kill” remarks against the president was among the grounds for her impeachment. The articles of impeachment have been transmitted to the Senate for trial.