THE House prosecution panel on Wednesday said it has already proven the impeachment article accusing Vice President Sara Z. Duterte of threatening President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos and former Speaker Ferdinand Martin G. Romualdez.
House prosecutor 1-RIDER Party-list Rep. Rodge Gutierrez expressed confidence that the evidence presented before the Senate impeachment court has established all the elements of the charge stemming from Duterte’s Nov. 23, 2024 online press conference, in which she said she had arranged for someone to kill the country’s top officials if she herself were killed.
“We do believe that the evidence has already established all the points that the prosecution needed to establish,” Gutierrez said during a press briefing.
Gutierrez said the prosecution’s confidence stems from the testimony of its three National Bureau of Investigation (NBI) witnesses, culminating in the appearance of NBI Director Melvin Matibag, who “was able to piece together the evidence.”
The prosecution presented NBI Senior Agent John Mark Calilung, who authenticated the recording of Duterte’s “kill” remarks, and NBI Regional Director Jeremy Lotoc, who testified that the bureau found probable cause to recommend the filing of criminal complaints for grave threats and inciting to sedition against the Vice President.
“With the testimony of Director Matibag, we now have the institutional picture of how the NBI treated the statement. So I think now we have put in open court the legal implications, or how the NBI assessed the same,” said Gutierrez.
Gutierrez added that the prosecution’s confidence was reinforced during the cross-examination of its witnesses and by its decision to withdraw several witnesses after concluding that the essential facts had already been established.
Deputy Speaker Francisco Paolo Ortega V of La Union said Matibag’s testimony completed the prosecution’s presentation by placing the evidence in its proper context and showing that authorities continue to treat the alleged threat as active.
“Malaking piece ng puzzle ‘yung pagdating ni NBI Director Matibag kasi nabuo niya ‘yung kwento,” Ortega said.
“He painted the bigger picture na ipakita niya na buong-buo talaga ‘yung ebidensya at na-affirm niya ‘yung side ng prosecution na sa ebidensya po ng threat na iyon, naganap po talaga at active threat pa rin po iyon.”
Ortega said Matibag also showed that the NBI’s investigation remains active, with authorities continuing to pursue leads and persons of interest behind the alleged plot.
Lawyer Benjamin “Jay” Tolosa Jr., legal spokesperson and counsel for the House prosecutors, said Matibag’s testimony completed the NBI’s “chain of evidence” by explaining the bureau’s institutional assessment of Duterte’s statements.
According to Tolosa, the NBI did not rely solely on Duterte’s viral remarks but examined the totality of the circumstances before concluding that the alleged threats had become a national security concern.
“They were not relying on just one viral video or just one statement. They used a totality-of-the-circumstances approach in reaching the conclusion that these remarks had transcended into the level of a national security concern since they affect no less than the Head of State, our Commander-in-Chief,” he said.
Tolosa also cited Matibag’s testimony that investigators are “100 percent sure” Duterte had spoken with someone regarding the alleged plot and are now working to identify that person.
“Ang sagot niya, 100 percent sure, there is. So again, they’re pursuing leads. This is now for the purpose of identifying that person. Pero wala nang question kung meron ba talagang ganitong taong kinausap,” he said.
While emphasizing that only the Senate impeachment court can decide whether Duterte should be convicted, Tolosa said the prosecution believes Duterte’s established statements and actions have already answered the key constitutional questions raised in the impeachment proceedings.
“Itong mga ganitong salita, itong mga ganitong mga aksyon, pinapakita ba nito na karapat-dapat pa ring manatili na pangalawang pinakamataas at makapangyarihang lingkod-bayan ang Bise Presidente?”
Tolosa said the prosecution also believes the evidence shows Duterte betrayed the public trust reposed in her office.
“Itong mga aksyon at mga salita na ito, pinapakita ba nito na kanya nang pinagtaksilan ang tiwala ng bayan nung siya ay niluklok sa puwestong ito? Pinapakita na ba nito na maliwanag, nagkaroon siya ng seryosong paglabag sa Saligang Batas? Para sa amin, maliwanag na ‘yung kasagutan doon,” he said.
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