Sara Duterte's arraignment for grave threats case deferred

MANILA, Philippines – Quezon City Regional Trial Court (RTC) Branch 98 has deferred the arraignment of Vice President Sara Duterte for her grave threats case originally scheduled on Friday, September 11. Duterte’s lawyer, Paul Lawrence Lim, said they filed a motion with the court that prompted the tribunal to defer the Vice President’s arraignment. Duterte made a personal appearance before the court. “Ito’y pinagbigyan ng korte at pinapa-comment niya, pinapa-submit niya ng comment ang DOJ (Department of Justice), prosecution within a certain period. Tapos maaari rin kami sumagot kung sakali na kailangan, and then saka niya dedesisyunan ito, ‘yong aming motion,” Lim told reporters outside the court. “Ngayon, pansamantala habang ito’y pinag-iisipan pa niya ‘yong aming motion, hindi muna matutuloy ‘yong arraignment, so suspended muna.” (The court acknowledged our motion and asked the DOJ, the prosecution, to comment within a certain period. And we can reply to that if ever, and then the judge will decide on our motion. For now, while the court is deliberating on our motion, the arraignment has been deferred, suspended for the meantime.) Vice presidential spokesperson Paolo Panelo confirmed Duterte’s attendance ahead of her arrival. Arraignment is the phase in criminal proceedings that happens after the arrest or surrender. This is when the court reads the accused the case, and asks them either for a guilty or not-guilty plea. If the accused entered a guilty plea, then the case will immediately move to conviction, usually with a lower sentence. If the plea is not guilty, then the case moves to trial. It’s unclear what type of motion the defense has filed with the court. Even the DOJ did not disclose the nature of the motion. “The DOJ respects the Court’s decision to defer the arraignment pending resolution of the motion filed by the defense. We will allow the judicial process to take its course. At this point, the prosecution will reserve further comment until the motion has been resolved,” DOJ spokesperson Raphael Martinez told reporters in a message. “Beyond what has already been stated, we would rather not further characterize or discuss the contents of the pending motion. At least not yet,” he added. Under Section 11 of the Revised Rules of Criminal Procedure, a party may seek a suspension of arraignment on the following grounds: The accused appears to be suffering from an unsound mental condition that effectively renders him/her to fully understand his/her case; there is a prejudicial question; or a petition for review of the resolution is pending either with the DOJ or Office of the President. So far, the only pending petition sought by the Duterte camp is a petition for review filed with the Supreme Court. “We confirm that the Vice President has filed a petition, followed by an amended petition for certiorari and prohibition with application for TRO and/or Writ of Preliminary Mandatory Injunction with the Supreme Court a few days ago. The amended petition challenges the DOJ and Quezon City Regional Trial Court’s jurisdiction to prosecute her as an incumbent impeachable officer,” Lim had said on Thursday. What is Duterte being accused of? Duterte, who was once allied with President Ferdinand Marcos Jr., was charged with grave threats by the Department of Justice in August, in relation to her alleged assassination threats against Marcos, his wife Liza, and cousin, former House speaker Martin Romualdez. It was the National Bureau of Investigation which initiated the criminal proceedings against Duterte after her infamous midnight press conference on November 23, 2024. In response to a supporter’s question, she assured them not to worry about her safety, adding that she had already “talked to someone” who would assassinate Marcos, the First Lady, and Romualdez if she were killed. The grave threats allegation also formed part of one of the articles of impeachment in Duterte’s Senate impeachment trial. On September 4, the Quezon City RTC Branch 98 ordered Duterte’s arrest after it found that there was probable cause – or enough evidence – to believe that the Vice President committed the crime. Duterte posted bail the following day, where she dropped her now-controversial line about “not feeling safe.” “I do not feel safe. I do not feel safe anywhere. Pumunta lang ako [rito] kasi sabi ninyo pupunta ako sa court (I only went here because you told me I needed to appear in court),” Duterte said on Saturday, September 5. Before the court issued the warrant, Duterte’s camp had filed a motion to defer it. They had sought oral hearings as they argued that Duterte cannot face a criminal case because she is an impeachable official. But the court denied the motion to defer and proceeded to order Duterte’s arrest. – Rappler.com