DOJ to probe Ex-Pres Duterte's statements urging military to act on 'fractured governance'

The Department of Justice (DOJ will investigate the public statements made by former President Rodrigo R. Duterte who called on the military to take action against the current administration’s ‘fractured governance.”

“The military has no direct hand in civil governance and the former President should not even attempt to provoke the military to act as a remedy to a fractured governance because that is definitely considered as sedition and legally actionable,” DOJ Undersecretary Jesse Hermogenes T. Andres said on Wednesday, Nov. 27.

Andres said the DOJ will conduct “a thorough investigation on the utterances of the former President.”

Andres said the probe will be part of the ongoing investigation on the statements made by his daughter, Vice President Sara Duterte, who said during a press conference over the weekend that she has already ordered someone, if she is killed, to kill President Marcos, First Lady Liza Araneta Marcos, and House Speaker Martin Romualdez.

He assured that no harassment cases will be filed.

“Everything that will  be filed will be the consequence of the reform programs where the prosecution together with the law enforcement agents already have at their hands solid evidence, concrete evidence that would cover all the elements of the crime or the offense to be charged,” he said. 

“We will do a complete case build-up and only when there is sufficient evidence we will file the necessary criminal case against anybody who violates the law no matter what position you may have, no matter how high you are in the country, no matter what kind of influence that you built, we will apply the full force of the law to everyone without any distinction,” he added.

Andres stressed “no one is above the law."

At the same time, Andres said he disagrees with Duterte that the country is experiencing a “fractured governance.”

“We want to categorically state there is no such thing as a fractured governance whatever that may mean to the former President. And it is in fact grave disservice to the country and an insult to the millions of hardworking Filipinos who are part of the bureaucracy that he should say our government is no longer delivering service, no longer delivering social-economic assistance, health services, even police protection and judicial recourse and other services that are normal in a functioning democracy. We have a very strong and stable republic,” he pointed out. 

Meanwhile, the National Bureau of Investigation (NBI) has already issued a subpoena to Vice President Duterte who has been asked to appear before investigators on Friday, Nov. 29.

The subpoena stated that the Vice President is being asked to shed light on the alleged grave threats under the Revised Penal Code and possible violation of Republic Act (RA) 11479, also known as the Anti-Terrorism Law.

Andres explained that Section 4 of the Anti-Terrorism Law "punishes those ‘ engaged in acts intended to cause death or serious bodily injury to any person or endangers a person’s life.”

“Yaan po ay nakasaad, klaro sa ating batas na kapag kayo ay gumawa ng mga hakbang para saktan at bigyan ng banta ang buhay ng ibang tao kasama po ‘yan sa terrorism lalo na po kung ang purpose n’yan ay to intimidate  and create an atmosphere or sow fear (This is clear in the law that it is considered terrorism when a person took steps to harm or threaten the life of other people, especially, when the purpose is to intimidate and create an atmosphere or sow fear),” he said.

He reminded that “ang banta sa Pangulo ay isang national security matter (threats to the President are national security matters).

“The work of the President will be impeded by this serious death threat and that is why it has to be addressed immediately. It has to be quelled at its inception,” Andres stressed.