FORMER president Rodrigo Duterte submitted his counter-affidavit requesting for the dismissal of grave threat charges brought against him by ACT Teachers Party-List Rep. France Castro at the Quezon City Prosecutor’s Office.
In his 12-page counter-affidavit, Duterte argued that the essential elements of the offense of grave threats are absent, contending that he did not actually threaten Castro.
“A review of my alleged threatening statements and the circumstances under which they were made would demonstrate that both actus reus and mens rea are lacking herein,” Duterte said.
Moreover, during the second episode broadcasted on the SMNI network, where he is accused of repeating threats, Duterte stressed that it cannot be reasonably construed as a communicated intent to inflict physical harm.
“I vehemently deny the foregoing accusations, strongly asserting their baselessness, lack of foundation, and gross insufficiency to meet the requirements of probable cause for indicting me for the charged crime,” he declared.
In an interview conducted by SMNI television network on October 10, Duterte discussed the confidential and intelligence funds (CIF) being sought by his daughter, Vice President Sara Duterte.
He allegedly threatened Castro during the show. This was allegedly repeated on November 16 over the same network.
The Office of the Vice President (OVP) has requested P500 million, while the Department of Education (DepEd), is seeking P150 million in confidential funds for the year 2024, the same amounts they received for the current year.
It was Castro who led the opposition within the Makabayan bloc against the allocation of confidential funds, particularly for the OVP and DepEd.
This opposition was primarily due to the absence of specific peace and order, defense, and national security mandates for these offices.
