Arnold Clavio Breaks Silence on Sara Duterte’s Missing Mugshot
SARA DUTERTE – Why was there no traditional police mugshot of Vice President Sara Duterte, and was it legal for her to post bail on a Saturday? Arnold Clavio tackled both questions.
GMA broadcaster Arnold Clavio discussed two legal questions surrounding Vice President Sara Duterte’s appearance before the Quezon City Regional Trial Court (RTC) Branch 98 on Saturday, September 5, where she posted bail for three counts of grave threats filed against her.
In an Instagram post on Sunday, September 6, Clavio addressed the issues that emerged after an arrest warrant was issued against Duterte. He focused on the absence of a traditional police mugshot and whether her bail could legally be processed on a Saturday.
Clavio wrote, “Dalawa ang legal na pinagtatalunan sa kaso ni VP Sara Duterte nang magtungo sa Quezon City Regional Trial Court noong Sabado.
“Una , BAKIT WALANG MUG SHOT si VP Sara ? Pangalawa , LEGAL BA ANG PAG-POST NIYA NG BAIL NG SABADO NA WALANG PASOK SA KORTE?”
Although he clarified that he is not a lawyer, Clavio cited legal records and provisions related to the two issues. Regarding the mugshot, he said, “Hindi po ako abogado, pero batay sa mga legal records na may kaugnayan sa isyu, sinasabi na WALANG BATAS sa Pilipinas na nagsasabing: ‘Kapag voluntary surrender, hindi na kailangan ng mugshot.’”
He also pointed to Article 13(7) of the Revised Penal Code, which recognizes voluntary surrender as a “mitigating circumstance.” According to Clavio, voluntary surrender involves an accused surrendering before being physically arrested.
“Kaya mas tamang sabihin: ‘Walang batas na nagsasabing automatic na walang mugshot kapag voluntary surrender. Pero kung kusang pumunta ang akusado sa korte at hindi siya aktuwal na inaresto ng pulis, maaaring walang traditional police mugshot. Maaari pa ring kailanganin ang litrato at fingerprint bilang bahagi ng court booking requirements.
“Sa kasalukuyang kaso ni VP Sara Duterte, iniulat mismo na walang official police mugshot, pero nagsumite siya ng photographs at fingerprint bilang bahagi ng proseso,” Clavio explained.
On the question of bail being posted during the weekend, Clavio said there was no basis to automatically consider the proceeding illegal simply because it happened on a Saturday.
“Sa pangalawang usapin, binabanggit naman sa legal records na HINDI ILIGAL ang pag-post ng bail sa araw ng Sabado,” said Clavio.
He cited Rule 114, Section 17 of the Rules of Criminal Procedure, which allows bail to be filed before the court where the case is pending. He also mentioned Rule 113, Section 6, which states that an arrest may be carried out “on any day and at any time of the day or night.”
Clavio said Quezon City RTC Branch 98 was reportedly the assigned weekend court on September 5, allowing the bail proceedings to take place. After the requirements were submitted, the court issued an order lifting the arrest warrant.
Duterte posted ₱360,000 bail on the same day for the three grave threats charges.
Her legal counsel, Atty. Paul Lawrence Lim, explained that Duterte submitted her own photograph with a white background along with the required documents, while the court also obtained her fingerprints.
“Well, [ang] mugshot, kasi ang understanding ko diyan ‘yong pulis ang kumukuha noon. Pero ‘yong pictures, there are pictures taken and we submitted. Nandoon na rin ‘yong mga certificates na required to be submitted, kasama doon. Tapos ‘yong fingerprints,” the lawyer said.
He further clarified, “White background lang naman ‘yon kasi puwede naman siyang mag-submit, actually, ng sarili niyang pictures. These are pictures na supplied na by the Vice President herself. Hindi kailangan. Kasi ‘yong mugshot, ‘yong kinukuha kunwari ng pulis, ‘yon lang ay kapag inaresto.”
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