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FACT CHECK: NBI still investigating Sara Duterte’s alleged death threat vs Marcos

Claim: The National Bureau of Investigation (NBI) has closed its case against Vice President Sara Duterte over her alleged threats against President Ferdinand Marcos Jr.

Rating: FALSE

Why we fact-checked this: The TikTok video containing the claim has 240,000 views, 12,400 likes, 377 shares, and 1,575 comments as of writing.

Text in the video states: “Case [closed] NBI case for Sara.”

In the video, a narrator says, “Sampung minuto lang, case closed agad. Wala man lang ibang paligoy-ligoy pa? Mahirap kasi pag nagsampa kayo ng kasong walang mga kabuluhan.”

(In just ten minutes, the case was closed right away. No detours at all? [That’s because] it’s difficult when you file a case with no substance.)

The same content creator also posted a TikTok video claiming that the impeachment complaint against Duterte was dismissed in less than 24 hours.

The facts: The NBI has only subpoenaed Duterte as part of its investigation into the Vice President’s alleged death threats against Marcos. Contrary to the claim, the probe is still ongoing.

Moreover, as outlined in the 2024 Department of Justice-National Prosecution Service Rules on Preliminary Investigations and Inquest Proceedings, the investigation process involves several stages, making the claimed 10-minute case closure highly unlikely.

While the bureau has not yet filed a case against Duterte, the Vice President has denounced what she called an “unfair” probe, claiming that the NBI has “decided to file cases against me even before they started their investigations.”

Duterte’s assassination threat: During a midnight press briefing on November 23, 2024, Duterte mentioned that she had plans in place for the assassination of Marcos, First Lady Liza Araneta Marcos, and House Speaker Martin Romualdez if she gets killed. This led to an inquiry by the NBI and the issuance of a subpoena requiring her to explain her comments.

The NBI is investigating whether Duterte committed grave threats under Article 282 of the Revised Penal Code in relation to Section 6 of the Cybercrime Prevention Act of 2012, or violated the Anti-Terrorism Act of 2020.

Missed appearances: Duterte did not attend her first scheduled hearing at the NBI on November 29, 2024, claiming she was not informed in time about the postponement of a House committee hearing on her alleged fund misuse. The hearing was rescheduled to December 11, 2024, but Duterte again failed to appear. The Vice President has said that her lawyers have sent the NBI a letter, where she “vehemently denies having made any threat” that could be classified as a “grave threat” under the law.

While Duterte has been a no-show at the NBI, the bureau confirmed that it is proceeding with its investigation regardless of her participation. NBI director Jaime Santiago stated that Duterte’s repeated absences waived her right to be heard, but assured the Vice President of a fair inquiry. After evaluating the evidence, the NBI will submit its recommendations to the Department of Justice by early January 2025.

False claims: Rappler has published several fact-checks related to Duterte, including debunking a false claim that an impeachment complaint against her was dismissed within 24 hours. (READ: FACT CHECK: Impeachment bid vs VP Sara Duterte remains active)

Other related fact-checks include:

– Marjuice Destinado/Rappler.com

Marjuice Destinado is a Rappler intern. She is a third-year political science student at Cebu Normal University (CNU), serving as feature editor of Ang Suga, CNU’s official student publication.

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