The Charge
"The Vice President plotted to have President Marcos, First Lady Liza Araneta-Marcos, and former Speaker Martin Romualdez assassinated, as evidenced by a recorded press conference statement."
The Defense
First: the statement was a conditional, contingent, hypothetical rhetorical formulation uttered in a press conference and amplified out of its full rhetorical context. Philippine jurisprudence on threats (RPC Art. 282; People v. Sayson) requires a specific, immediate, and credible intention to inflict harm — not rhetorical hyperbole, however ill-judged.
Second: impeachment is not the venue for a criminal charge of grave threats. If the prosecution genuinely believes the statement constitutes a criminal offense, the Department of Justice is the constitutional forum — with rules of evidence, the right of confrontation, and the burden of proof beyond reasonable doubt. No such criminal complaint has been filed and successfully prosecuted, because the elements cannot be met.
Third: an impeachable "high crime" within the meaning of Article XI, Section 2 must be an offense "of so serious a nature as to amount to a betrayal of public trust" (Federalist No. 65; Gutierrez v. HRET). A press-conference rhetorical flourish does not meet that constitutional threshold.
RPC Art. 282; People v. Sayson; Gutierrez v. HRET (2011)