THE National Bureau of Investigation (NBI) said there is an “airtight” case against Vice President Sara Duterte with regard to the grave threats and inciting to sedition charges it had filed against her in relation to her threat to kill President Ferdinand Marcos Jr.
On the second week of the impeachment trial against Duterte, former NBI Cybercrime Division Chief Jeremy Lotoc on Monday testified that the NBI has established Duterte’s “intent and motive” to carry out her threat against the President.
Lotoc was the House prosecution’s second witness on Day 4 of the impeachment trial of the Vice President.
“What we have established is the fact that the relationship between the two was very hostile,” he said referring to Marcos and Duterte.
“What we have established is the fact that the Vice President has committed grave threats and inciting to sedition,” Lotoc said.
He added, “The piece of evidence that we attached or we incorporated in our investigation is sufficient and has satisfied the requirements of the quantum of evidence required which is prima facie evidence with reasonable certainty of conviction.” During her online media briefing on Nov. 23, 2024, Duterte said she already hired a person to kill the President, First Lady Liza Araneta-Marcos, and former House speaker Martin Romualdez if she herself is killed.
Lotoc said that under the law, the NBI has the primary jurisdiction to probe threats to security against the highest officials of the land. He referred to the President, Vice President, Senate President, House Speaker, and Chief Justice.
Lotoc said that previous to the Nov. 23 virtual press briefing, Duterte had already expressed desire to harm the President.
He said that prior to the Nov. 23 video, Duterte had also threatened to “kill” the President based on her utterances in her livestream remarks dated Oct. 18, 2024.
Lotoc presented a video clip wherein Duterte, referring to the President, said, “Gusto kong tanggalin ang ulo niya (I wanted to remove his head). I realized toxic na itong relationship. I imagine myself cutting his head.” Private prosecutor Virgil Ligutan asked Lotoc what made him say that the threat against Marcos was serious. “She was furious and fuming mad. I think if I’m not mistaken, she cursed eight times,” Lotoc said in English and Filipino.
He said that Duterte’s grave threats against the President could create chaos. “The President took the threat of the Vice President as real,” Lotoc said.
Answering a question from Senator-Judge Bam Aquino, Lotoc acknowledged that the NBI was unable to verify whether Duterte had spoken to anyone to carry out her alleged threat against the President, the First Lady and Romualdez.
Lotoc testified that while investigators interviewed individuals with personal knowledge of the alleged threat, they failed to establish validated information confirming that Duterte had instructed or communicated with anyone to harm the president, the First Lady or Romualdez.
Aquino also noted during the proceedings that the Vice President’s camp appeared not to have denied making the alleged threats. Defense lawyer Mark Vinluan disputed the observation, saying the defense had denied the allegation and would address the issue during its presentation.
Senator-Judge Raffy Tulfo, meanwhile, pressed the defense panel to clarify the origins of the alleged “Operation Romanov,” an alleged plot to assassinate Duterte, and identify the evidence and witnesses that would support the claim before the Senate impeachment court.
Tulfo asked defense counsel Vinluan whether the defense was referring to the same “Operation Romanov” earlier mentioned by online personality Princess Maui during an online press conference hosted by Vice President Duterte. He also asked whether the defense intended to present the vlogger or any other witness to establish the existence of the alleged operation.
Vinluan acknowledged the question but declined to disclose whether the defense would call the online personality as a witness, saying the defense’s witness list remains confidential and may still change depending on the prosecution’s presentation of evidence.
He maintained that the defense would reveal its witnesses at the appropriate stage of the proceedings in accordance with the rules of the impeachment court.
Not free speech
Lotoc added that while there is protected speech under freedom of expression, it does not protect utterances or threats made against the highest leaders of the land.
He also said that her statements have the “tendency to stir up the people against the government” and “undermine peace and order.” Duterte’s threat was alarming, he said, since some groups “might take advantage” of her utterances and harm Marcos and blame it on the Vice President.
“God forbid [if that happens]. We’ll have a chaotic society if that is not addressed, insofar as we, investigators, are concerned,” Lotoc said.
He also clarified that the NBI also tried to investigate the alleged threat against Duterte and her immediate family. But he said the Vice President did not cooperate with the agency’s plan to probe her claim.
Lotoc said the NBI invited Duterte twice to provide more information on the supposed threat against her and her family but she did not appear.
Fitness to serve
In an earlier press briefing, House prosecution spokesman and adviser Robert Ace Barbers said that Lotoc’s testimony would center on the constitutional standard for impeachment rather than criminal liability, emphasizing that the trial seeks to determine whether Duterte should remain in office — not whether she should face imprisonment.
“Because the fundamental question is this: Are you still fit to serve and remain in office as vice president after we have seen the evidence that has been presented?” Barbers said.
Meanwhile, defense spokesman and counsel Michael Wesley Poa said the decision to cross-examine Office of the Vice President Chief of Staff Zuleika Lopez, who is set to testify this week, would depend on her testimony on direct examination.
“We will first review the prosecution’s presentation to determine whether there are matters we need to bring out or points that need to be clarified. If there are, then we will proceed with the cross-examination,” Poa said.
In other developments Senate President Sherwin Gatchalian announced on Monday that all documents, pleadings, and evidence related to the ongoing impeachment trial of Vice President Sara Duterte will be made publicly accessible on the Senate’s official website. This initiative aims to promote transparency and accountability throughout the proceedings. Gatchalian said the initiative is intended to give Filipinos direct access to official records of the impeachment trial, allowing them to independently examine the evidence and filings rather than relying on information circulating on social media. “We invite the public to scrutinize, read, and understand the proceedings for themselves,” he said.
Senator-judge Alan Peter Cayetano opposed a request by NBI Director Melvin Matibag to reschedule his testimony before the Senate impeachment court, warning that granting the appeal could set a bad precedent by allowing government officials to dictate their availability to the tribunal. In a letter dated July 10, Matibag asked whether he could testify earlier than his scheduled appearance before the impeachment court, citing his participation in a two-day conference in Thailand with representatives of the Federal Bureau of Investigation (FBI) and the Royal Thai Police the following week. Cayetano argued that members of the Senate, who are serving as senator-judges, had already set aside official functions, including foreign and domestic engagements, to fulfill their constitutional duty in the impeachment proceedings. “I find it in bad taste that a bureau head will dictate to us that he’s not available next week,” Cayetano said.
BERNADETTE E. TAMAYO, RED MENDOZA,
JAVIER JOE ISMAEL
