EXPLAINER: Is grave threat bailable?

MANILA, Philippines — Vice President Sara Duterte faced a warrant of arrest for three counts of grave threats issued by a Quezon City Regional Trial Court on Friday.

The case is in connection with Duterte’s remarks during an online press conference on Nov. 23, 2024, wherein the Vice President alleged she had instructed someone to assassinate President Ferdinand Marcos Jr., first lady Liza Araneta Marcos, and former House Speaker Martin Romualdez if she were killed.

The offense of grave threats is covered by Article 282 of the Revised Penal Code in relation to Section 6 of Republic Act No. 10175 or the Cybercrime Prevention Act of 2012.

In the issued warrant, the court set her bail at P120,000 for each count.

READ: Arrest warrant issued vs Sara Duterte over grave threats

Article 282 of the Revised Penal Code defines the commission of grave threats as a “person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong constituting a crime.”

It also noted that any threats made online may be punished with higher penalties if it falls under cyber libel or other cyber offenses.

Under Section 6 of RA No. 10175, “all crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies.”

It also cited that the penalty to be imposed may be one degree higher “than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.”

Under Philippine laws, charges for grave threats may also face jail time between one and six months.

The Department of Justice on August 12 filed a criminal complaint against Duterte over her alleged death threat to the President, the first lady, and the former House Speaker, which was referred to the National Bureau of Investigation last year.

The Vice President is also in the middle of a Senate Impeachment trial over several allegations, including grave threats. /cb