Cabinet Secretary Karlo Alexei Nograles claims that those who threaten President Rodrigo Duterte with impeachment could be committing a crime, as they might push him into actions that may lead the country into war.
“It might go now into the realm of ... crimes against the state na ‘yan, ‘di ba. Sedition. Inciting to sedition, all these things,” Nograles told CNN Philippines’ The Source on Wednesday.
READ: Del Rosario: 'Duterte could face impeachment'
Nograles said this after Duterte threatened to jail those who will file impeachment complaints against him for entering into a deal with Chinese President Xi Jinping to allow Chinese fishermen to fish in Recto Bank in exchange for Beijing letting Filipino fishermen into Scarborough Shoal.
"I-impeach ako? Kulungin ko silang lahat. Subukan ninyo [Impeach me? I will jail you all. Try me]," he said on June 27. "Do that and I will tell you. Subukan ninyo. I am challenging you to do it. You really want to force my hand into it? P***** niyo gawin niyo 'yan [Sons of b****, do it]."
But Nograles clarified that Duterte is only saying this in response to being forced “to do something that might lead to war.”
“If it is under that context na [that] they are forcing him under the threat of impeachment, 'yung threat, whatever it is, grave threat, veiled threat, the threat itself, the act of threatening the President may be construed as a crime,” Nograles said.
Presidential Spokesperson Salvador Panelo earlier clarified that Duterte’s threat to jail those who want him impeached was just an expression of disgust.
The Philippine National Police (PNP) said they will arrest those who file an impeachment complaint against Duterte "if there's violation of the law."
READ: Trillanes urges KAPA members to impeach, file class suit vs Digong: Pag nanalo, inyo kayamanan ni Duterte!
"Of course, an investigation will be conducted first, and police are duty bound to effect an arrest if it falls within the grounds for warrantless arrest or by virtue of the order of the court," it said in a statement issued to clarify PNP chief chief P/Gen. Oscar Albayalde's earlier remark that the police would heed Duterte's order to arrest impeach bidders.
It added that Albayalde's statement is premised on possible violations arising from wrongful accusations against Duterte, like libel, defamation and perjury.
Article 142 of the Revised Penal Code defines inciting to sedition as any acts which encourage others to rise against the government through things like speeches, writings and banners, or the publications or circulation of “scurrilous libels” against the Republic of the Philippines or any of its officials which tend to disturb them from their duties.
READ: The truth about Maria Ressa and her defamation against Duterte
No law in the Philippines penalizes threatening the President with impeachment.
The possibility of an impeachment bid against Duterte was floated by legal experts, who said that Duterte’s deal with Xi over Chinese fishing in Recto Bank, which is within the Philippines’ exclusive economic zone, is unconstitutional.
Duterte’s allies and even an opposition senator believe that this is far from possible.
Any person can file an impeachment complaint before the House Justice panel, which would decide whether it is sufficient in form and substance, if there are sufficient grounds, and if there is probable cause. If the complaint hurdles through these, it is sent to the plenary to be deliberated on. A one-third vote of the House sends the articles of impeachment to the Senate, which will convene as an impeachment court.
However, Nograles, a former lawmaker, said the possible impeachment bid against Duterte is bound to fail at the determination of sufficiency in form and substance.
Congress is dominated by Duterte’s allies.
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Cabinet Secretary Karlo Nograles: The act of threatening the President may be construed as a ‘grave crime’ | #TheSource https://t.co/sDo55hwVGt pic.twitter.com/Stwos8NMGV— CNN Philippines (@cnnphilippines) July 3, 2019
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This article first appeared on CNN Philippines.
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