By Merlina Hernando-Malipot
Vice President Sara Duterte’s legal team asserted that a sitting Vice President cannot be criminally prosecuted while in office, as it pressed the court to hear oral arguments on its motion to quash the grave threats cases filed against her.
In a virtual briefing on Friday, Aug. 14, Atty. Paul Lawrence Lim, Duterte’s counsel in the National Bureau of Investigation (NBI) cases, said the defense’s position rests on jurisdictional grounds.
He argued that the Vice President, being an impeachable officer, falls outside the reach of regular criminal courts while in office.
“Maaaring kasuhan pero hindi habang nakaupo,” Lim explained, stressing that prosecution may only proceed once an impeachable official leaves office.
The defense filed a motion to quash before the Quezon City Regional Trial Court, urging oral arguments because of what it described as the “far‑reaching” constitutional implications of the case.
Lim warned that allowing Duterte’s prosecution could set a precedent that would expose other impeachable officials — including the President, Ombudsman, Supreme Court justices, and members of Constitutional Commissions — to criminal indictments while in office.
“It’s not only the VP who is an impeachable officer,” Lim said, adding that the issue involves the separation between the impeachment process and criminal prosecution.
The defense emphasized that its stance is not about permanent immunity but about proper timing and jurisdiction.
Lim said the matter ultimately concerns what the law permits while an official remains in office, and that the court’s ruling could shape how future cases against impeachable officials are handled.
The Department of Justice filed the grave threats cases against Duterte, but her legal team insists the court lacks jurisdiction.
The motion to quash could either dismiss the charges or allow them to proceed to arraignment and trial, subject to further remedies.
