DOJ looking for 'certainty of conviction' in charges vs VP Duterte | ABS-CBN

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DOJ looking for 'certainty of conviction' in charges vs VP Duterte

David Dizon,

ABS-CBN News

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DOJ looking for 'certainty of conviction' in charges vs VP Duterte
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Not just probable cause but certainty of conviction.

This is what the Department of Justice is looking for in assessing the complaints of grave threats and inciting to sedition filed by the National Bureau of Investigation against Vice President Sara Duterte.

The NBI earlier recommended the filing of charges against Duterte after the latter said that she had arranged for President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and House Speaker Martin Romualdez to be killed should she be assassinated.

She later said her remarks were not an active threat but a "plan without flesh."

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Speaking to TeleRadyo Serbisyo, Justice Undersecretary Jesse Andres said the DOJ is presently evaluating the charges to see if there is enough prima facie evidence in the crime. No subpoena has been issued against the vice president, he added.

He said that under the new DOJ rules, the department can no longer file weak cases in court but to pursue charges only if there is “reasonable certainty of conviction.”

“Evidence-based prosecution, hindi ‘yung trial saka lang naghahanap ng ebidensya at testigo dahil paglabag ‘yan sa rights ng akusado,” he said.

Investigating prosecutors, he said, will check if there is incriminating or exculpatory evidence in the case.

“Tapos na po ang panahon na the law is being weaponized. Hindi na natin pinapayagan ‘yan. We are treating this case like a normal case. No one is above the law…Only one set of rules applies to all,” he added.

Once a subpoena is issued, Duterte will be given every chance to respond and answer the charges, he said.

He noted the criminal case can still continue even though Duterte cannot be removed from office except through impeachment.

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