Duterte faces first post-presidency criminal complaint

MANILA, Philippines — ACT-Teachers party-list Rep. France Castro yesterday filed a criminal complaint against former president Rodrigo Duterte before the Quezon City Prosecutors Office in connection with the alleged grave threats from the former chief executive.

“I filed a criminal complaint against former president Rodrigo Duterte to make him liable amid the serious threat against me during his program on Oct. 11. He has no immunity (from suit). He should face the case filed against him,” Castro said.

She was referring to Duterte’s television program Gikan sa Masa, Para sa Masa on the Sonshine Media Network International (SMNI) and aired on Oct. 11, wherein the former president – addressing criticism of his daughter Vice President Sara Duterte’s confidential funds – said, “Pero ang una mong target d’yan (sa) intelligence fund mo, kayo, ikaw France, kayong mga komunista ang gusto kong patayin. Sabihin mo na sa kanya (But your first target there, using your intelligence funds, is you, France, you communists who I want to kill. Tell her that).”

According to Castro, it was clear that Duterte was referring to her.

“I was convinced that he was referring to me as during the first part, he mentioned my full name, France
Castro, that’s why it was me. There is no other Rep. France Castro,” she explained.

“To quote former president Duterte: ‘Prangkahin mo na yan si France Castro. Pati na yang – kun’sabagay kaibigan ko lahat yan – si Satur Ocampo, mahal ko sila at no other time sa history ng Pilipinas ang Communist Party of the Philippines, lahat ng liderato nila, I invited them to break bread with me sa Malacañang (Let’s be frank with that France Castro. Even that – anyway, they are all my friends – Satur Ocampo, I love them and at no other time in Philippine history that the Communist Party of the Philippines, their entire leadership, I invited them to break bread with me at Malacañang),’” Castro added, quoting Duterte.

She said the threat from Duterte happened when she was in grief following the recent death of her father.

According to her, the case of grave threats filed against Duterte was in connection with Article 282 of the Revised Penal Code in relation to section 6 of the Cybercrime Prevention Act of 2012.

Castro said the attacks of Duterte against her came after she scrutinized the confidential funds of his daughter.

“I, together with some of my colleagues in the progressive bloc and like-minded legislators in the Lower House, exposed what is perceived to be the unauthorized grant to Vice President Sara Duterte of confidential funds in 2022 amounting to around P125 million, and questioned her use of such secret funds from 2022 up to 2023. Among the eventual consequence of this exposure is the decision of the House of Representatives to strip the Vice President of her requested P650 million confidential funds for 2024 for the agencies she leads, namely the Office of the Vice President and the Department of Education,” she added.
For his part, Antonio La Viña, one of the lead counsels of Castro, said the filing of the case of grave threats against Duterte was historical, as it is the first time the former president will be facing a case before a local court after his term ended on June 30, 2022.
La Viña added that Duterte could face a maximum of six years imprisonment and a fine of P100,000 in case the court finds him guilty of grave threats.

“It is not about the particular penalty. It is up to the judge; it is up to the fiscal. It’s about accountability. President Duterte has gotten away with so many things when he was the president since he has immunity from suit. We also underscore the historical nature of what Rep. France Castro did today. (It is the) first time, we are holding president Duterte accountable for his actions in a Philippine court,” La Viña added.
He added that Castro is standing up on behalf of the legislators.

“We would like to emphasize that Congressman Castro is not only acting on her behalf, but all legislators and all the citizens to hold the former president accountable,” La Viña noted.

Duterte has “no comment” yet on the criminal charges filed against him.

The former president was awakened from a nap when told of the case filed against him by Castro. After being told of the charges against him, Duterte reportedly went back to sleep.

“I have been trying to get in touch with PRRD (Duterte), but I was just informed that he has taken his afternoon nap after learning that a grave threats case has been filed against him by Cong. Castro,” former executive secretary Salvador Medialdea, who for many years acted as the former president’s legal counsel, said.
“The respondent (Duterte) has not received any actual copy of the complaint yet. I also have to see a copy of the same complaint, that is why it is ‘no comment’ still for the respondent,” Medialdea added.

Medialdea refused to discuss with The STAR the merits of the charges. — Edith Regalado, Emmanuel Tupas, Elizabeth Marcelo