QC prosecutors dismiss criminal complaints vs Sara Duterte over aide’s hospital transfer

MANILA, Philippines — The Quezon City Prosecutor’s Office has dismissed multiple criminal complaints filed against Vice President Sara Duterte in connection to the “forced transfer” of her chief of staff, Zuleika Lopez, to a private hospital while she was in House detention in November 2024.

In a resolution dated January 17 but was made public on Tuesday, January 28, Assistant City Prosecutor Criscelyn Carayugan Lugo junked the direct assault, disobedience to authority, and grave coercion complaints filed by Police Lieutenant Colonel Van Jason Villamor of the Quezon City Police District against Duterte and Vice Presidential Security and Protection Group (VPSPG) head Police Colonel Raymund Petina Lachica.

On November 23, Lopez, who was detained at the House of Representatives following a contempt order from the House panel probing the Office of the Vice President’s alleged fund misuse, was supposed to be brought to the Veterans Medical Memorial Center (VMCC) following an anxiety attack, but Duterte and her security team diverted her to St. Luke’s Medical Center, a private hospital.

Quezon City police filed the complaints due to Duterte and Lachica’s supposed misdemeanor that allegedly took place during Lopez’s hospital transfer.

Prosecutor’s findings

In assessing the suit, the prosecutor said there was not enough evidence, with reasonable certainty of conviction, to pursue the allegations against Duterte.

A relatively new Department of Justice rule requires prosecutors to find reasonable certainty of conviction in complaints, before they can indict respondents and file cases in courts.

The prosecutor explained that Police Lieutenant Colonel Van Jason Villamor’s complaints had no supporting evidence.

“Interestingly, not one of the witnesses of PLtCol Villamor corroborated his claims regarding the purported attack, employment of physical force, intimidation, resistance, disobedience, violence and threats. They did not narrate the encounter between the parties in their respective affidavits,” the resolution read.

“They also did not discuss the behaviour of PLtCol Villamor after the incident, which could have persuaded us that he was threatened and intimidated, if at all, it added.

The prosecutor said Duterte and Lachica did not attack, use force, or seriously intimidate Villamor during the incident, as placing a hand over the chest, as well as pushing and shoving, do not constitute attack. The resolution explained that in order for an act to be considered as direct assault, the use of physical force must be serious and “must be more severe than just slapping and punching.”

As to the disobedience to authority, the prosecutor explained that the Vice President and Lachica had no intention to defy Villamor. Neither of the two ordered Lopez’s transfer to St. Luke’s, and it was the latter’s doctors who ruled “it [was] necessary to transfer her on account of her medical condition that time,” the prosecutor added.

Duterte is the subject of another probe — the National Bureau of Investigation is investigating her for alleged grave threats and possible violation of Republic Act No. 11479 or the Anti-Terrorism Act. These allegations stemmed from Duterte’s threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and Speaker Martin Romualdez during an online press conference in light of Lopez’s detention.

Impeachment complaints against the Vice President are also pending with the House of Representatives. There’s also a disbarment suit lodged against her with the Supreme Court. — Rappler.com