Explainer: How VP Sara's 'kill' remark vs Marcoses may violate Anti-Terror Law

MANILA, Philippines — Following Vice President Sara Duterte's remark threatening to assassinate President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and House Speaker Martin Romualdez, government agencies swiftly condemned her pronouncement.

In response to the threats, the National Bureau of Investigation (NBI) issued a summons to the vice president on November 26, asking her to clarify her remarks.

One of the possible charges indicated in the subpoena is under the controversial Anti-Terrorism Law (ATL), which was signed into law by Sara Duterte’s father, former President Rodrigo Duterte.

The ATL is one of the most contested laws in the country, with 37 petitions seeking its nullification due to vague definitions of terrorism, overreaching powers granted to government agencies and extended detention periods for tagged suspects without charges.

However, it should be noted that Duterte has not yet been charged, and the subpoena is solely for investigation, according to NBI chief Jaime Santiago.

In a press conference on Wednesday, November 27, Justice Undersecretary Jesse Andres said the vice president's remark could be considered a violation of Section 4 (a) of the ATL.

“Kapag kayo ay gumawa ng hakbang para saktan o bigyan ng banta ang buhay ng ibang tao, kasama po ‘yan sa terrorism. Lalo na po kung purpose niyan ay to intimidate and create an atmosphere of fear,” Andres said. 

(When you take actions to harm or threaten the life of another person, that is considered terrorism, especially if the purpose is to intimidate and create an atmosphere of fear.)

“Can you imagine a situation where the vice president is accused of plotting against the life of the president and then the president actually dies? Will the people accept the vice president to succeed the president when he is even under a cloud of doubt of how she would accede to power? So napakaseryoso po yan (This is very serious),” he added. 

Section 4 (a) defines the act of terrorism as the following:

Engages in acts intended to cause death or serious bodily injury to any person, or endangers a person's life;

Andres also explained that actions had already been taken to initiate the threat against the