Prosecution presents Duterte’s earlier remarks as NBI witness authenticates evidence in Day 2 impeachment trial

Marywin Julito

Earlier public remarks by Vice President Sara Duterte came under scrutiny as the House prosecution panel presented authenticated videos in support of the fourth article of impeachment, which alleges grave threats on the second day of her impeachment trial, July 7.

National Bureau of Investigation (NBI) Senior Agent John Mark Calilung, the prosecution’s first witness, testified that he preserved and authenticated Duterte’s November 23, 2024 online media briefing recording as part of the agency’s digital forensic investigation.

Prosecutor Amando Virgil Ligutan played the authenticated video in which Duterte said, “Yes, huwag kang mag-alala, ma’am, sa security ko kasi may kinausap na ako na tao,” before adding, “Sinabi ko sa kanya kapag pinatay ako, patayin mo si BBM, si Liza Araneta, at si Martin Romualdez.”

The prosecution also presented the succeeding portion of the recording in which Duterte said, “No joke, no joke. Nagbilin na ako, ma’am. Pag namatay ako, sabi ko huwag kang tumigil hangga’t di mo sila mapatay… and then he said yes.”

Calilung confirmed that the video shown in court was among those he personally authenticated during the agency’s investigation.

Earlier Related Remarks

Calilung testified that investigators conducted an open-source investigation and found earlier public statements similar to Duterte’s November 23 remarks.

He said these included Duterte’s June 19, 2024 resignation as Education secretary, her July 11, 2024 statement describing herself as a “designated survivor,” and a Nov. 26, 2024 interview in which she did not deny making the earlier remarks.

The prosecution also presented Duterte’s October 18, 2024 press conference, where she said she imagined “cutting off” President Marcos’ head and later remarked about digging up the remains of former President Ferdinand Marcos Sr. and throwing them into the West Philippine Sea.

Calilung confirmed that the “head” referred to in the statement was President Marcos’.

Senator-judge Risa Hontiveros asked Calilung what similarities investigators found between Duterte’s Oct. 18 and Nov. 23 statements.

Calilung replied that both referred to the President and showed that Duterte and Marcos “were already not on good terms as early as Oct. 18.”

Court Debate

The defense repeatedly objected to the prosecution’s evidence, questioned Calilung’s testimony, and asked that the entire two-hour video be shown instead of selected excerpts.

Presiding Officer Francis Escudero denied most of the objections, ruling that each side may decide how to present its evidence, and that the defense may later present the complete recording.

The impeachment court also denied the defense’s motion to exclude Calilung as a witness, with Escudero ruling that prosecutors may present witnesses identified during pre-trial proceedings.

Hontiveros later asked private prosecutor Ligutan why the acts presented by the prosecution were impeachable, noting that the evidence had not yet shown that Duterte actually hired an assassin.

Ligutan acknowledged that Duterte’s statements “may not 100 percent prove that she contracted an assassin,” but argued that they could establish “a specific intent, plan or system,” under the Rules of Court.

He added, “Ang pagbabanta sa buhay ng President, hindi po ‘yan normal… Even without going into the question is that a criminal act, that act 110 percent sure betrayed the public trust.”

Senator-judge Pia Cayetano said Ligutan’s explanation was “like a closing statement” and moved that it be stricken from the record.

Hontiveros later clarified that “my intention is not to provoke a closing statement,” saying she only wanted to understand the relevance of the evidence.

Escudero deferred action on the motion and reminded senator-judges that whether Duterte committed an impeachable act is a question for the impeachment court to decide.

Further Evidence

Calilung testified that investigators also interviewed journalists who attended Duterte’s Nov. 23 online briefing, including the late Inquirer reporter Dempsey Reyes and former Rappler reporter Bonz Magsambol, who confirmed hearing the statements and provided sworn interviews.

The prosecution later presented printed statements issued by Marcos and Romualdez in response to Duterte’s alleged threats, while the defense questioned the authenticity of several documents and argued that some were photocopies without annexes.

Outside the Senate before the hearing, Duterte briefly told reporters, “In this bloodbath and bludgeoning, I will be bloodied but unbowed,” before declining further questions and meeting with her legal team.

The Senate impeachment court adjourned at 6:23 p.m. and will resume on Wednesday, July 8.