In a contentious resolution that fell short of establishing probable cause, Duterte-appointed Quezon City prosecutors have rejected the grave threat complaint filed by France Castro of the ACT Teachers party-list against former President Rodrigo Duterte, citing insufficient evidence.

The resolution, asserting that Duterte’s use of “sarcastic jokes” and terms “in jest” made him “not serious enough” to be considered a threat, is now under scrutiny amid allegations of political bias in favor of Duterte.

The findings of the QC Office of the City Prosecutor (OCP) have triggered concerns, given that Senior Assistant City Prosecutor Ulric Badiola, the signatory of the resolution, and Deputy City Prosecutor Leilia Llanes, who endorsed it, were Duterte appointees.

Their dismissal of the case on technical grounds, citing Castro’s failure to authenticate the threatening post from Facebook, YouTube, or SMNI, is raising eyebrows.

Many netizens, already aware of the International Court of Justice’s investigation into Duterte for alleged abuses during his term, expressed dissatisfaction with what they perceive as a pro-Duterte stance by the prosecutors.

This association has heightened suspicions of political bias, raising questions about the objectivity of the QC prosecutors.

In the 14-page resolution, the prosecutors recommended dismissal “for want of sufficient evidence.”

“After a careful and judicious evaluation of the allegations and evidence obtaining in the complaint, the undersigned finds the same to be insufficient to indict respondents for the crime charged against him,” the resolution read.

Castro accused Duterte of making grave threats based on a TV interview on Sonshine Media Network International (SMNI) where he expressed a desire to “kill communists” under the provisions of Article 282 of the Revised Penal Code and Section 6 of the Cybercrime Prevention Act of 2012.

In his resolution, Badiola contended that Castro’s legal team did not successfully demonstrate the gravity of Duterte’s alleged threatening statements.

“If the intention of the respondent was really to intimidate and to take seriously such threatening remarks, and that his purpose was to create in the mind of the complainant the belief that the alleged threats will be carried into effect, he would not have taken so much prologues and would have just directly and immediately pronounced the threats conceived in his mind,” Badiola said.

In what appears to be a lenient interpretation of Duterte’s “threats,” causing concern among netizens, Badiola wrote: “The fact that the respondent made so much preliminaries, side stories, comments and even interjecting sarcastic jokes in between and using terms in jest and in banter with the program host Apollo Quiboloy only indicates that he is not that serious enough to really execute and materialize the threats allegedly conceived in his mind.”

“Moreover, it has to be remembered and taken into account that the alleged threats were perpetrated by the respondent during the height of the confidential fund issue, a somewhat political matter lobbied by the office of his daughter as Vice President of the Philippines and as Secretary of Department of Education and in the midst of brewing impeachment moves against her in connection with the said confidential fund,” Badiola added.

Castro expressed disappointment regarding the dismissal of the criminal complaint against Duterte.

“I am dismayed over the reported junking of the grave threat case that I’ve filed against against former President Rodrigo Duterte because it fails to recognize the fear that [the death threat] has caused me and my family,” said Castro, as reported by PhilStar.

Meanwhile, lawyer Rico Domingo, one of Castro’s lead counsels, pledged to appeal the decision of the QC Prosecutor’s Office.

“We have yet to receive the ruling. We can elevate the matter,” he said.

Many netizens found the resolution in favor of Duterte quite perplexing, especially considering that the former president’s threats had gone viral, and there was widespread awareness that he was indeed the one making those menacing remarks.

Even his network, SMNI, did not refute the authenticity of the viral posts.

“Ulric Badiola was appointed by Duterte he should have inhibited for delikadesa,” X user Felamag commented.

“Duterte who owns hundreds of guns and goons, should be made to realize that he can’t broadcast threats of killing,” another X user, Lezah Lardi, commented.

“So, basically, the prosecutors in Quezon City have decided to sweep the grave threat complaint against former President Duterte under the rug, because apparently holding powerful people accountable for their actions is just too much to ask,” verified X user Joe said.

Another disgruntled netizen posted: “The evidence was there and you decide to turn a blind eye. Mga putang ina ninyo.”

X user Nathan Gao echoed the sentiments expressed by numerous netizens, and he added: “The Evidence was so clear! Broadcast on National TV pa yun! Lol.”