The National Bureau of Investigation (NBI) clarified that Vice President Sara Duterte will not face arrest if she fails to comply with the subpoena issued by the agency or if she does not appear at its office.
"Hindi po [aarestuhin si VP Sara kapag hindi tumugon sa subpoena]. We will proceed with our investigation and then submit the same to the prosecutor’s office, sa ating Prosecutor General," NBI Director Jaime Santiago said in an exclusive interview with DZHR's Damdaming Bayan on Wednesday.
However, if Duterte fails to appear, she will effectively waive her right to present her side and justify her statement.
Moreover, the NBI does not have the power of contempt and can only apply to the court to cite her in contempt. However, according to Santiago, they have no plans of pursuing such action.
They will instead proceed with their investigation and submit the findings to the Prosecutor’s Office, which will determine whether there is prima facie evidence sufficient to warrant a conviction.
"I-ffile po ‘yan later kung may makita silang probable course. I-ffile po ‘yan sa husgado at ang husgado na po ang magi-issue ng warrant of arrest if ever," said Santiago.
Santiago stated that on November 26, the Office of the Vice President (OVP) received the subpoena through Atty. Lucky April Ebrole, Officer-in-Charge of the Knowledge Management Division – Central Records Unit.
He stated that the subpoena was issued as a courtesy to the Vice President, acknowledging her status as the second-highest official in the government.
Furthermore, he mentioned that the agency would extend all courtesies and ensure due process to demonstrate to the public that the NBI remains impartial and free from bias.
All aspects will be investigated, including Duterte's claim of an alleged threat to her life, to ensure that everything is thoroughly clarified.
They will also attempt to persuade Duterte to disclose the identity of the person she allegedly discussed plans with to assassinate President Ferdinand Marcos Jr., First Lady Liza Marcos, and House Speaker Martin Romualdez.
"Dalawang beses niya nga pong sinabi na “this is not a joke” kaya po seriously pinipilit namin na in between the lines, tinitignan namin kung mayroon kaming mababasa kung sino ‘yung kausap niya pati sa mga previous kanyang declaration, tinitignan po namin," Santiago explained.
The NBI hopes that Duterte will cooperate, especially in investigating the alleged threat against her, as she is also entitled to the protection provided under Republic Act 10867.
