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VP Sara files amended petition before Supreme Court challenging DOJ, QC court jurisdiction

Duterte asks the Supreme Court to halt the grave threats cases, arguing that the DOJ and QC court lack jurisdiction over an incumbent impeachable officer

Vice President Sara Duterte has filed an amended petition before the Supreme Court challenging the jurisdiction of the DOJ and Quezon City Regional Trial Court over the grave threats cases against her. (Mark Balmores / Manila Bulletin)Vice President Sara Duterte has filed an amended petition before the Supreme Court challenging the jurisdiction of the DOJ and Quezon City Regional Trial Court over the grave threats cases against her. (Mark Balmores / Manila Bulletin)

Vice President Sara Duterte has filed an amended petition for certiorari before the Supreme Court challenging the jurisdiction of the Department of Justice (DOJ) and the Quezon City Regional Trial Court (RTC) over the grave threats cases against her.

Duterte’s counsel, Atty. Paul Lawrence Lim, confirmed in a statement on Thursday, Sept. 10, that the Vice President filed a petition followed by an amended petition.

“We confirm that the Vice President has filed a petition, followed by an amended petition for certiorari and prohibition with application for TRO and/or Writ of Preliminary Mandatory Injunction with the Supreme Court a few days ago,” Lim said.

The amended petition for certiorari and prohibition includes an application for a temporary restraining order (TRO) and/or a writ of preliminary mandatory injunction.

Duterte challenges jurisdiction over grave threats cases

According to Lim, the petition challenges the DOJ and the Quezon City RTC’s jurisdiction to pursue the cases against Duterte while she remains an incumbent impeachable officer.

The filing seeks to raise the jurisdictional issue before the Supreme Court as the grave threats cases proceed.

“The amended petition challenges the DOJ and Quezon City Regional Trial Court’s jurisdiction to prosecute her as an incumbent impeachable officer,” Lim said.

The cases stem from allegations of grave threats for which the Vice President has been subject to proceedings before the DOJ and the Quezon City RTC.

Lim is representing Duterte as counsel in the National Bureau of Investigation (NBI) grave threats cases.

Supreme Court publishes pleadings

Lim said the Supreme Court has already published the pleadings filed by Duterte’s legal team on its official website.

“The High Court has published our pleadings on its website,” Lim said.

The filing asks the High Court to intervene in the proceedings through the requested TRO and/or writ of preliminary mandatory injunction.

The latest development comes as Duterte’s camp contests the jurisdiction of government agencies and the trial court to pursue the cases against her while she is an incumbent impeachable officer. The petition is now before the Supreme Court for consideration. — Merlina Hernando-Malipot

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