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NewsTranscript
00:00Can former President Rodrigo Duterte and Vice President Sara Duterte
00:04answer the law because of their so-called statements?
00:08The views of some legal experts on the testimony of Joseph Moro.
00:16It's heavy.
00:17If I was killed, kill BBM, Lisa Araneta, and Martin Romales.
00:23It's challenging.
00:24I'm challenged to the military itself.
00:26If the Constitution protects them,
00:29are they willing to still protect the President
00:35who is a drug addict for another four years?
00:39The statements of Vice President Sara Duterte
00:42and former President Rodrigo Duterte
00:44are being investigated by the National Bureau of Investigation.
00:47But what is the answer to the law, if there is,
00:50of this kind of statements?
00:53For the lawyers we talked to,
00:55it's not just a simple freedom of speech.
00:59What we're talking about here is,
01:02for example, the newly constituted authority,
01:04the President, and the public officer.
01:08Although you shouldn't be penalized for your speech,
01:11but there are certain speeches like incitement.
01:14Under the revised penal code,
01:16there are several speeches that are penalized.
01:21For the former Integrated Bar of the Philippines,
01:23President Atty. Domingo Cayoza,
01:25the violation of the Anti-Terrorism Act of 2020
01:29is punishable by life imprisonment.
01:31In particular, Section 4 of this act,
01:33which is considered terrorism,
01:34is the act of killing, injuring,
01:37or putting a person in danger.
01:40Anti-terrorism law is very broad.
01:44If you were the prosecutor,
01:46you would rather use this, number one,
01:50because you have more leeway.
01:51It punishes threat to commit terrorism, Section 5.
01:56It also punishes conspiracy to commit terrorism.
02:01And what's conspiracy under that law?
02:03Two or more.
02:04You're so fear, right?
02:06Or you intimidate the government.
02:08But the plan doesn't need to be implemented
02:11before it's answered.
02:12The act itself need not be executed
02:15because if it's anti-terrorism law,
02:18a plan, a proposal, a conspiracy,
02:21even if you don't execute,
02:23is already covered by the law.
02:26That doesn't need for the threat to be active.
02:31The fact that the threat is made
02:33could already be penalized.
02:36In addition, aside from the state,
02:38there is also a claim for libel or slander.
02:41The most serious complainant
02:44with respect to the Vice President
02:46is the First Lady.
02:48Because she made allegations that,
02:50she said that she was the one who paid them first.
02:53She said that she was the one who paid them
02:55when it comes to giving envelopes
02:59or bribing, right?
03:00In the sense, that's what she said.
03:02You took a video.
03:04So you are actually imputing a crime
03:07against the best of the First Lady.
03:09In the statements about the military's
03:11support to the President
03:13in similar situations,
03:15this could be the basis for the complaint
03:17inciting to sedition.
03:19If those statements or utterances
03:21that you make tend to disturb
03:24the person from performing the functions
03:29of their office,
03:30so that's an arguable element.
03:33If it could instigate others
03:35to do it themselves
03:38for unlawful purposes.
03:39It could also be,
03:40if your speech will lead to
03:43stirring up the people
03:45against lawful authorities.
03:47But this could not be easily proven.
03:49The statements are suggested.
03:51It's not explicit in the incitement.
03:56But I think that
03:59while it may be difficult to prove the intent,
04:04if I were the judge,
04:06I would also look at the whole thing.
04:09In effect, what she's saying is,
04:12it's like a withdrawal of support.
04:14Yes.
04:15It's a usual scheme
04:19that is used
04:20so that it won't be a coup d'etat.
04:23Because our laws now
04:25define a punish coup d'etat.
04:28It's written there,
04:29swift attack.
04:30So what those who want to
04:33make a coup d'etat
04:35won't say it's a fight.
04:38They'll say,
04:39withdraw.
04:40For the lawyers we talked to this morning,
04:43to say what the violations of the law are,
04:47an investigation needs to be carried out
04:49for a strong case.
04:52For GMA Integrated News,
04:54Joseph Morong is your witness.
05:11For GMA Integrated News,
05:12Joseph Morong is your witness.