Padilla: Why not extend presidential immunity from suit to VP Duterte?

MANILA, Philippines — Sen. Robin Padilla believes the immunity from suit applicable to President Ferdinand Marcos Jr. should also apply to Vice President Sara Duterte as she faces grave threats raps.

In a manifestation during Monday’s session, Padilla said that while there is nothing in the 1987 Constitution stating that the vice president is immune from suit, there is also no provision stating otherwise.

“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,” said Padilla, a self-confessed ally of the Duterte family.

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(The concept and purpose of immunity from suit is to protect an impeachable officer from harassment, distraction, and cases that may hinder the performance of their official duties.)

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“Kung ang ganitong prinsipyo ay naaangkop sa pangulo, bakit hindi ito ilapat sa bise presidente?” he asked.

(If this principle applies to the president, why not apply it to the vice president?)

READ: Sara Duterte posts bail: ‘I don’t trust the court’

Padilla’s statement came as the Quezon City Regional Trial Court issued an arrest order against Duterte last Friday over three counts of grave threats.

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The complaints were based on remarks she made in a Nov. 23, 2024, online press briefing, where she asked people not to worry about her safety because she had already talked to someone about killing President Ferdinand Marcos Jr., First Lady Liza Araneta Marcos, and then-House Speaker Martin Romualdez if she herself were killed.

Duterte, whose impeachment trial is ongoing, posted P360,000 bail on Saturday. Included in the impeachment articles against her are the grave threats.

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Citing an Ombudsman v. Court of Appeals case, Padilla said the Supreme Court prohibited the filing of any criminal case against an impeachable officer while in office over the same violation that may constitute grounds for impeachment.

“Samakatuwid, maaari lamang umusad ang kasong kriminal laban sa bise presidente pagkatapos lang ng kanyang termino,” he argued.

(Therefore, the criminal case against the Vice President may proceed only after her term ends.)

Padilla then appealed to the Senate to clarify the upper chamber’s position on the matter.

READ: Sara Duterte Impeachment Trial: Everything you need to know

According to Padilla, it is clear that while an impeachable officer is in office, the Constitution must be followed.

“Hindi natin puwedeng lampasan ang prosesong ito dahil lamang mas madali o mas convenient ang ibang paraan,” Padilla went on.

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