AN official of the National Bureau of Investigation (NBI) on Monday testified before the Senate impeachment court that Vice President Sara Z. Duterte’s alleged “kill” remarks against President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos and former Speaker Ferdinand Martin G. Romualdez posed a “serious, real and actual” threat based on the bureau’s investigation.
Lawyer Jeremy C. Lotoc, who headed the NBI Cybercrime Division in 2024 and supervised the investigation, made the assessment while testifying as the House prosecution’s second witness in Duterte’s impeachment trial.
“To me, as the chief investigator at that time, the utterance made by the Vice President was serious, and the threat was real and actual, sir,” Lotoc said during direct examination by House prosecutors’ counsel Amando Virgil Ligutan.
Lotoc said the NBI reached that conclusion after examining Duterte’s Nov. 23, 2024 online media briefing, her earlier statements on Oct. 18, 2024, the reactions of those allegedly threatened and the responses of several government agencies.
According to Lotoc, investigators evaluated four factors: the manner in which the statements were delivered, their literal meaning, the nature of Duterte’s instruction and her relationship with the President.
He said the NBI sought to determine whether Duterte’s remarks were merely the product of a temporary fit of anger or a spur-of-the-moment reaction, or whether they constituted a “serious, actual, and real threat.”
Lotoc, now NBI regional director for the Bangsamoro Autonomous Region in Muslim Mindanao, testified that Duterte’s demeanor during the Nov. 23 online media briefing became one of the strongest factors considered by investigators.
“The Vice President was furious and fuming mad when she uttered those,” he said.
He added that investigators repeatedly observed Duterte angrily cursing President Marcos, the First Lady and Romualdez while reviewing the recording.
“Nakita ho namin doon sa video nung ni-review ho namin, Your Honor. If I’m not mistaken, I think more or less walong beses po siyang galit na galit at nagmumura, minumura ‘yung Presidente, si First Lady, and then si former Speaker of the House,” Lotoc testified.
During his testimony, the prosecution played before the Senate impeachment court portions of Duterte’s Oct. 18, 2024 press conference that the NBI considered relevant to its investigation, including her statements, “Gusto kong tanggalin yung ulo niya” and “I imagine myself cutting his head.”
Lotoc testified that investigators also considered Duterte’s demeanor throughout the recording, saying she repeatedly hurled invectives and profanity at President Marcos, the First Lady and Romualdez while reviewing the video.
Lotoc said investigators likewise examined the literal meaning of Duterte’s statements, particularly her claim that she had already contracted someone before the Nov. 23, 2024 online press conference.
“Mahalaga po ‘yan para sa amin. Basically, it’s indicative of intent that the utterances was deliberately made by the Vice President. And it really shows serious, actual, and real threat, Your Honor,” he reiterated.
Lotoc testified that investigators likewise examined Duterte’s alleged instruction to the person she claimed to have hired.
“In those utterances, the Vice President said, ‘Huwag kang tumigil hangga’t hindi mo sila mapatay.’ It shows persistence on the part of the Vice President that she was determined to carry out those utterances,” he said.
“And from the point of view of law enforcement agency like the NBI, it’s alarming for us, sir.”
Lotoc explained that such an instruction could be exploited by other individuals or groups.
“Pwede pong mag-take advantage ‘yung ibang grupo d’yan, ibang individual. God forbid may mangyari sa Vice President for one reason or the other. Mati-trigger ho ngayon ‘yung instruction,” he testified.
“And then papatayin ngayon ‘yung, God forbid again, ang Presidente, Liza Marcos, ang former Speaker.”
He added that another group could even carry out the killings and make it appear that Duterte was responsible.
“Even ‘yung triggering na phrase na ‘yun, pwedeng mag-take advantage doon ‘yung ibang grupo thinking na ‘pag in-assassinate natin ang tatlo, ang sisisihin ang Vice President,” Lotoc said.
“Maraming angles, Your Honor. Para po sa amin sa law enforcement, medyo magiging disorder, magiging chaotic, magiging anarchy ‘yung society ‘pag hindi siya na-address.”
Lotoc also testified that investigators considered Duterte’s relationship with President Marcos in assessing her intent.
He said Duterte had repeatedly described their relationship as “toxic” and made statements during an Oct. 18, 2024 press conference that investigators considered significant.
“The first one, the Vice President uttered, ‘Gusto kong tanggalin ‘yung ulo niya.’ And then the second one, the Vice President uttered, ‘I realized toxic na itong relationship,’ referring to the relationship between the Vice President and the President,” he testified.
“And then number three, ‘I imagine myself cutting his head.’”
Asked by Ligutan whom Duterte was referring to, Lotoc replied: “The President of the Republic of the Philippines, sir.”
Lotoc said investigators also considered the reactions of the alleged recipients of the threats, particularly President Marcos.
He quoted the President as saying: “Nakakabahala ang mga pahayag na narinig natin nitong mga nakaraang araw. Nandyan ang walang pakundangang pagmumura at ang pagbabanta ng planong ipapatay ang ilan sa atin.”
“Kung ganun na lang kadali ang pagplano sa pagpatay ng isang Presidente, paano pa kaya ang mga pangkaraniwang mamamayan? ‘Yang ganyang kriminal na pagtatatangka ay hindi dapat pinalalampas. Yan ay aking papalagan,” Lotoc quoted President Marcos as saying.
“The President took the threat by the Vice President as serious and real,” Lotoc testified.
He also said Romualdez then described Duterte’s remarks as “dangerous” and “unprecedented,” calling them “isang banta sa demokrasya at sa seguridad ng bansa.”
Lotoc further testified that investigators reviewed the responses of the Presidential Communications Office (PCO), the Philippine National Police, the National Security Council and the Armed Forces of the Philippines.
According to Lotoc, the PCO classified Duterte’s remarks as an “active threat,” while the PNP said “the safety of the President is a national concern” and that any threat to his life “must be addressed with the highest level of urgency.”
Lotoc likewise quoted the National Security Council as saying that “all threats to the President of the Philippines” are treated as serious and considered “a matter of national security.”
The NBI eventually filed complaints against Duterte for three counts of grave threats and one count of inciting to sedition based on its investigation.
