Claim: The Supreme Court (SC) has filed charges against President Ferdinand Marcos Jr.
Rating: FALSE
Why we fact-checked this: The TikTok video bearing the claim was posted on November 20 by an account with 5,432 followers. As of writing, the video has 660,500 views, 32,700 likes, 2,923 comments, and 7,574 shares.
The video was captioned: “Kinasuhan ng Supreme Court si Bongbong Marcos Jr. Ayan na ang karma!”
(The Supreme Court has filed charges against Bongbong Marcos. Karma is here!)
The video’s narrator also says: “Kaya pala ang dami nilang tinatapon na issue sa mga Duterte (So this is why they have been throwing numerous issues against the Dutertes).”
The bottom line: The Supreme Court did not file charges against Marcos, who enjoys presidential immunity while he is in office.
The High Court affirmed in De Lima vs. Duterte and David vs. Macapagal-Arroyo that presidents “may not be sued in any civil or criminal case” during their term, but could be “removed from office only in the mode provided by law and that is by impeachment.”
Additionally, the SC does not file charges but only hears cases directly brought to the court in the first instance or rules on judgments and orders of lower courts. As the highest court, it is acknowledged as the court of last resort.
Not a criminal charge: The TikTok video falsely reframed a recent Supreme Court announcement as a notice of a supposed criminal case against Marcos that mainstream media did not report.
On October 29, the High Court acted on the consolidated petitions by Bayan Muna party-list, 1Sambayan, and a group led by Senator Koko Pimentel seeking a temporary restraining order (TRO) to block the transfer of “excess” PhilHealth funds to the national treasury.
The Bayan Muna petition named Marcos, Executive Secretary Lucas Bersamin, the Senate of the Philippines, and the House of Representatives as respondents. In a message to Rappler, Bayan Muna chair Neri Colmenares said Marcos was only “impleaded” in the petition because the party-list also “questioned the constitutionality of the President’s action” in certifying the 2024 General Appropriations Bill as urgent. (READ: The unprogrammed funds issue in the Marcos admin’s 2024 budget, simplified)
In its comment on the petition, however, the Office of the Solicitor General said Marcos was “improperly impleaded and should be dropped as a respondent” as a sitting president is immune from suit.
This was also the case in former senator Leila de Lima’s dismissed petition for a writ of habeas data against former president Rodrigo Duterte. In a separate concurring opinion, Associate Justice Marvic Leonen said that while the president is immune from suit, “petitions for a writ of amparo or habeas data may still be filed against his or her official acts, as long as the executive secretary, or the relevant officers, are named as party respondents.”
SC order: The consolidated petitions were sparked by the finance department’s April 2024 order for PhilHealth to remit its excess funds to the National Treasury, which was opposed by several groups.
The High Court’s TRO stopped the further transfer of P29.9 billion to the treasury. Prior to the issuance of the TRO, however, PhilHealth had already carried out three of four scheduled transfers.
Marcos-Duterte feud: The misleading video was posted amid the growing political dispute between the Marcoses and the Dutertes. Vice President Sara Duterte, who faces scrutiny over her office’s alleged misuse of public funds, has recently made statements against Marcos’ life in the event a supposed plot to kill her succeeds. She also insisted that the supposed death threat against the Marcoses was “maliciously taken out of logical context.” (READ: Marcos challenges VP Duterte: You cannot ‘tokhang’ the truth)
Rappler has already published several fact-checks on Marcos:
- FACT CHECK: Marcos not arrested over illegal drugs
- FACT CHECK: Marcos is still president
- FACT CHECK: AFP did not withdraw support for Marcos
- FACT CHECK: No impeachment complaint vs Marcos
- FACT CHECK: No Supreme Court subpoena issued to Marcos
– Kyle Marcelino/Rappler.com
Kyle Marcelino is a graduate of Rappler’s fact-checking mentorship program. This fact check was reviewed by a member of Rappler’s research team and a senior editor. Learn more about Rappler’s fact-checking mentorship program here.
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