The Department of Justice’s (DOJ) statement that the Office of the Ombudsman could take over the investigation of Vice President Sara Duterte’s alleged death threats against President Ferdinand Marcos, Jr., his wife, and House Speaker Martin Romualdez is “misleading”, Ombudsman Samuel Martires said Sunday.

Justice Undersecretary Jesse Andres previously said at a Palace briefing that Duterte “ can be the subject of any criminal, administrative case; and the Ombudsman also has authority to do its duty to discipline and to take necessary measures to deliver on its mandate as the investigator of all high-ranking government officials. ''

''So, it is within the authority of the Ombudsman to act on this matter as well,” said Andres.

In an interview with dzBB, Martires said they have no jurisdiction over the probe into Duterte’s “kill” remarks since she made the statement as a private individual, not linked to her position as the Vice President.

“To us, in the Office of the Ombudsman, this is a misleading statement, a disinformation to the public, that we can investigate the particular utterances of Vice President Sara Duterte that she would have the President, his wife, and the Speaker of the House. It’s like Andres is saying we have the jurisdiction to investigate administratively or criminally.” Martires said.

“For us, this is disinformation because the utterances of the Vice President were private in character, it was personal to her. So we do not have jurisdiction over it,” he said.

“Is that in relation to her office? In our view, it is not,” he added.

He said that the Office of the Ombudsman can only investigate cases concerning the Anti-Graft and Corrupt Practices Law and offenses committed linked to a government official’s office.

Martires also explained that he was not trying to argue with Andres, that it only felt they were being compelled to act on something that was not under their power.

“We are not looking for a fight. We just feel hurt, as if we are being preempted... as if it is being conveyed to the public, to the listeners, to the citizens, that ‘Hey, the Ombudsman has the power, and they should also investigate the Vice President’,” Maritres said.

The National Bureau of Investigation (NBI), an agency under the DOJ, served a subpoena earlier this week against Duterte, asking her to shed light on her “kill” comment about their investigation of grave threat and the Anti-Terrorism Law.

Duterte did not appear before the NBI, stating through a letter that she could not come since she was informed late about the cancellation of a House panel’s hearing on the Office of the Vice President’s and the Department of Education’s alleged misuse of confidential funds.

NBI Director Jaime Santiago said the hearing was moved to December 11. Jaspearl Tan/DMS