Legal protection from prosecution enjoyed by the country’s chief executive ought to extend to the second-highest official in the land, Sen. Robin Padilla argued, tying the question directly to the criminal exposure now confronting Vice President Sara Duterte.
The senator, who openly identifies as an ally of the Duterte family, raised the matter in a manifestation delivered during Monday’s Senate session. He acknowledged that the 1987 Constitution contains no clause granting the vice president immunity from suit, but pointed out that the charter is equally silent in the opposite direction.
For Padilla, the reasoning behind such protection settles the debate. “Ang konsepto at layunin ng immunity from suit ay ang protektahan ang isang impeachable officer laban sa harassment, distraction, at mga kasong maaaring makahadlang sa kanyang opisyal na tungkulin,” he said. “Kung ang ganitong prinsipyo ay naaangkop sa pangulo, bakit hindi ito ilapat sa bise presidente?”
He anchored his position on jurisprudence as well, invoking the Ombudsman v. Court of Appeals ruling. Under that decision, Padilla noted, the Supreme Court barred criminal proceedings against an impeachable official during their term when the alleged offense overlaps with an impeachment ground. “Samakatuwid, maaari lamang umusad ang kasong kriminal laban sa bise presidente pagkatapos lang ng kanyang termino,” he said.
The senator framed adherence to the charter as non-negotiable for anyone holding an impeachable post. “Hindi natin puwedeng lampasan ang prosesong ito dahil lamang mas madali o mas convenient ang ibang paraan,” he told the chamber, urging his colleagues to spell out where the Senate stands.
Duterte’s legal troubles stem from a Quezon City Regional Trial Court order issued last Friday, which directed her arrest on three counts of grave threats. She secured her provisional liberty a day later by posting bail of P360,000, and those same threat allegations form part of the impeachment complaint she is currently answering before the Senate.
The charges trace back to an online press briefing on November 23, 2024. During that appearance, Duterte told the public not to fear for her life, saying she had arranged for someone to kill President Ferdinand Marcos Jr., First Lady Liza Araneta Marcos, and Martin Romualdez, then the Speaker of the House, in the event of her own death.
The presiding officers routed Padilla’s manifestation to the Senate Committee on Constitutional Amendments for further study.
