MANILA – Vice President Sara Z. Duterte’s legal team is asking a Quezon City court to hear oral arguments on her motion to quash the grave threats cases against her, arguing that a sitting Vice President cannot be criminally prosecuted while in office.

In a virtual press briefing, lawyer Paul Lawrence Lim, Duterte’s counsel in the cases filed by the Department of Justice (DOJ), said the defense’s position is based on the court’s alleged lack of jurisdiction over an incumbent impeachable official.

“Maaaring kasuhan pero hindi habang nakaupo,” Lim said, arguing that an impeachable official may be criminally prosecuted after leaving office.

Duterte’s camp has asked the Quezon City Regional Trial Court to dismiss the cases on jurisdictional grounds and allow both sides to present oral arguments before the court rules on the motion.

Lim said the issue extends beyond Duterte’s case and could establish a precedent affecting other impeachable officials.

“If a sitting Vice President may be indicted and prosecuted, then other incumbent impeachable officers such as the Ombudsman, members of the Constitutional Commissions, Supreme Court justices, and even the President, may also be indicted and prosecuted,” he said.

He stressed that the defense was raising what it considers a constitutional question involving the relationship between impeachment and criminal prosecution, rather than claiming permanent immunity from criminal charges.

Palace: No one above the law

Malacañang, however, rejected the Duterte camp’s argument and reminded the Vice President that no one is above the law.

Palace Press Officer Claire Castro described the defense’s position as another potential “threat” against President Ferdinand R. Marcos Jr. and urged Duterte and her legal team to end what she called the “infamous culture” associated with them.

“However, we must remember that no one is above the law. Anyone who violates the law or abuses their authority must face the consequences of their actions,” Castro said.

Castro also maintained that impeachable officials may be subjected to impeachment proceedings when there are sufficient grounds.

The grave threats cases stem from Duterte’s remarks during an online press conference on Nov. 23, 2024, when she said she had contracted someone to kill Marcos, First Lady Liza Araneta-Marcos and then-House Speaker Martin Romualdez if she herself were killed.

Lim said Duterte remains prepared to face the proceedings and would pursue available legal remedies should the court reject her motion to quash and issue an arrest warrant.

“There are possible remedies that we can use,” he said.

He added that Duterte is in good spirits and wants to clear her name.

The Quezon City court’s ruling on the motion to quash will determine whether the criminal proceedings will move forward to the next stages, including possible arraignment and trial.