MANILA, Philippines — Vice President Sara Duterte’s grave threats case before the Quezon City Regional Trial Court will not trigger double jeopardy protections in her impeachment trial before the Senate, impeachment spokesperson Reginald Tongol said Sunday.
Tongol said the two proceedings involve separate legal processes and serve different purposes. Duterte faces a criminal case over alleged threats against President Ferdinand Marcos Jr., First Lady Liza Araneta Marcos and former House Speaker Martin Romualdez, while the Senate impeachment court will determine her political accountability and fitness to remain in office.
“The principle of ‘double jeopardy’ does not apply,” Tongol told reporters. “Double jeopardy strictly applies to successive criminal proceedings.”
Tongol said the Senate Impeachment Court operates as a sui generis, or unique, constitutional tribunal rather than as a regular criminal court.
He cited Article XI, Section 3, Paragraph 7 of the 1987 Constitution and a Supreme Court ruling stating that criminal prosecution can proceed independently of impeachment.
Duterte appeared before Quezon City Regional Trial Court Branch 98 on Saturday and posted P360,000 bail for three counts of grave threats, or P120,000 for each count. The court issued an arrest warrant against her on Friday.
Tongol said Duterte’s bail and the criminal proceedings will not affect the Senate impeachment case.
“These developments have absolutely zero legal implication on the ongoing impeachment trial,” Tongol said. “They do not legally alter, pause, or dictate the Impeachment Court’s timeline.”
If the Senate Impeachment Court convicts Duterte, she will lose her position as vice president and face a constitutional ban on holding public office.
The criminal case stems from remarks Duterte made during an online press conference in November 2024, when she allegedly threatened Marcos, his wife and Romualdez.