Duterte’s Double Bind: Impeachment Trial and Grave Threats Charge

The Philippines is abuzz with the latest development in Sara Duterte’s Senate impeachment trial. She now faces a new criminal charge linked to an alleged death threat against President Ferdinand Marcos Jr., sparking debate over whether it can be pursued simultaneously with her impeachment trial.

The case stems from a February 2025 National Bureau of Investigation complaint, filed after Duterte claimed to have hired an assassin to kill the president and his family. The complaint was met with skepticism by many, who saw it as an attempt to intimidate the President. The Department of Justice is pushing forward with the case, arguing that both proceedings can run concurrently.

Duterte’s lawyers argue that her position as Vice-President grants her immunity from prosecution, citing constitutional provisions that protect impeachable officials from civil and criminal liability. However, this defense raises questions about the limits of executive immunity and the rule of law.

The implications of this case extend beyond Duterte’s own fate. If she is found guilty and removed from office, it would set a crucial precedent for future impeachable officials. It would mean that they can no longer use their positions to intimidate or coerce others.

Professor Dante Gatmaytan of the University of the Philippines College of Law notes that there’s nothing unconstitutional about pursuing these cases independently. In fact, this approach is long overdue. For too long, high-ranking officials have been above the law, using their power and influence to silence critics and opponents.

The Philippine legal code carries a prison term of between one and six months for those convicted of “grave threats.” While it’s unclear whether Duterte will face such punishment, the fact that she is being charged sends a message. It signals that the DOJ is willing to hold even the most powerful officials accountable for their actions.

In contrast, her impeachment trial on charges of graft and corruption hangs in the balance. The Senate trial has reached Day 14, with many anticipating a guilty verdict that would see Duterte removed from office and barred from elective politics permanently. This outcome may seem far-fetched to some, but it’s essential to remember that Marcos Jr. himself was impeached in 2022 on similar charges.

If the Philippines is committed to upholding the rule of law, then it must be willing to take a hard line against those who abuse their power. By pursuing both cases simultaneously, the DOJ is sending a clear message: no one is above the law, not even the Vice-President. What this means for Duterte’s 2028 presidential ambitions remains to be seen.

The wheels of justice may turn slowly in the Philippines, but they are turning nonetheless. As the nation watches with bated breath, it’s clear that Sara Duterte’s double bind has put her – and the entire country – on notice.