The National Bureau of Investigation (NBI) recommended the filing of criminal cases against Vice President Sara Duterte over her alleged assasination threat against President Ferdinand Marcos Jr., his wife Liza and cousin House Speaker Martin Romualdez.

"We have finally recommended the filing of (cases for) inciting to sedition and grave threat against the vice president," NBI Director Jaime Santiago said in a radio interview on Wednesday.

Santiago said the recommendation of the NBI that was supposed to be released in January was submitted to the Department of Justice (DOJ) for the possible conduct of a preliminary investigation.

"That was already submitted to the Department of Justice, our evidence will be weighed by the Department of Justice whether they will conduct a preliminary investigation on the matter," he said.

"The DOJ conducts a preliminary investigation whether or not to file a case in court, or they can also dismiss it if they think that the evidence we filed is not enough," he explained.

In a statement, the DOJ said it received the complaints against Duterte which will "undergo evaluation and preliminary investigation before the National Prosecution Service (NPS)."

"Under DOJ Department Circular No. 20, the investigating prosecutors must determine whether based on the evidence, there is a prima facie case with reasonable certainty of conviction," it stated.

"A prima facie case is established by such evidence which if left uncontroverted, shall be sufficient to establish all the elements of the crime," it added.

The DOJ noted that "the process will undergo case build up as needed to assure that there is sufficient evidence and that the respondent is not unduly haled to court."

"This process involves requiring the respondent to submit a counter-affidavit, reviewing the evidence from both parties, and assessing whether the case meets the higher threshold of evidence for filing in court, or whether the case should be dismissed for lack of evidence," it noted.

The DOJ explained that "the crime of grave threats penalizes statements that create real and imminent danger to specific persons, regardless of whether actual harm occurs" while "inciting to sedition penalizes statements that pose a real and imminent threat to public order, regardless of whether actual unrest occurs."

Santiago said the complaints were recommended based on Duterte's alleged threat against Marcos, First Lady Liza Araneta Marcos and Romualdez. Robina Asido/DMS