FORMER President Rodrigo Duterte’s personal appearance before the Quezon City prosecutor is not required for him to answer the criminal complaint for grave threat filed by ACT Teachers Rep. France Castro, according to his former spokesperson lawyer Harry Roque.
Roque said Duterte would participate in all legal processes before Philippine prosecutors and Philippine courts.
But in the case filed by Castro, Duterte is not required to go to Quezon City and appear before the prosecutor as his lawyer can represent him, Roque said.
“That’s not a requirement,” Roque said in an interview over the ABS-CBN News Channel.“Lawyers can appear especially in the initial hearing to receive a copy of the complaint affidavit, and he can have his affidavit sworn before any public prosecutor even in Davao City.”
Asked if he means Duterte will not be physically present in the preliminary investigation in Quezon City, Roque said he cannot say this as it would still be up to the former President to decide on this.
“All that I’m saying is procedurally, he doesn’t have to if he doesn’t want to because he can subscribe to his sworn statement, his counter-affidavit before any public prosecutor,” he said.
Duterte himself did not give a categorial answer when asked in a talk show if he would appear before the Quezon City prosecutor.
“Magpakulong na lang ako kasi ino-opppress ako ni France,” was his reply to the question.
Senior Assistant City Prosecutor Ulric Badiola earlier issued a subpoena directing Duterte to appear at the Quezon City Prosecutor’s Office on December 4 and 11, 2023 for the preliminary investigation of Castro’s complaint.
Castro was also asked affirm the veracity and truthfulness of her allegations on the same day.
Castro filed the complaint for grave threat against Duterte after he said he wanted to kill her.
Roque said he would advise Duterte to answer the complaint. He said Duterte himself had consistently taken the position that he would face any legal process in the Philippines, but would not allow any foreign court to sit in judgement of him.
