The House prosecution panel on Wednesday said the National Bureau of Investigation (NBI) has completed its presentation of the ‘chain of evidence’ supporting the impeachment article against Vice President Sara Z. Duterte over alleged threats against President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos, and former Speaker Ferdinand Martin G. Romualdez.
Atty. Benjamin ‘Jay’ Tolosa Jr., legal spokesperson and counsel for the House prosecutors, said the testimony of NBI Director Melvin Matibag provided the institutional context behind the bureau’s assessment that Duterte’s statements had become a national security concern.
Tolosa said the NBI’s conclusion was not based solely on the viral video of Duterte’s November 23, 2024, online press conference but on the totality of circumstances gathered during its investigation.
‘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,’ Tolosa said during a press briefing.
He said Matibag’s testimony completed the prosecution’s institutional presentation of the NBI’s findings, following earlier testimonies from NBI Senior Agent John Mark Calilung, who authenticated the video recording, and NBI Regional Director Jeremy Lotoc, who testified on the bureau’s recommendation to file complaints for grave threats and inciting to sedition.
For his part, House prosecutor 1-RIDER Party-list Rep. Rodge Gutierrez said Matibag’s testimony connected the previous evidence and showed how the NBI assessed the alleged threat.
‘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,’ Gutierrez said.
Gutierrez added that the prosecution believes it has already established the necessary elements to support the impeachment charge.
Also, Deputy Speaker Paolo Ortega V of La Union described Matibag’s testimony as the final piece that completed the prosecution’s narrative.
‘Director Matibag’s testimony was a big piece of the puzzle because he was able to complete the narrative,’ Ortega said.
‘He painted the bigger picture by showing that the evidence was indeed comprehensive and affirmed the prosecution’s position that the threat actually took place and remains an active threat,’ he added.
He said Matibag provided the broader picture showing that the alleged threat was not only documented but remained an active security concern.
Also, Tolosa highlighted Matibag’s testimony that investigators were certain Duterte had communicated with someone regarding the alleged plan and were continuing efforts to identify that person.
‘His answer was that he was 100 percent sure that there was one. So again, they are pursuing leads. This is now for the purpose of identifying that person. But there is no longer any question as to whether there was indeed such a person who was contacted,’ Tolosa said.
However, Tolosa stressed that only the Senate impeachment court has the authority to determine whether Duterte should remain in office, saying the prosecution believes the evidence addresses the constitutional issues of betrayal of public trust and serious violations of the Constitution.
All doubts erased
The House prosecution panel said the testimonies and evidence presented before the Senate impeachment court have removed doubts over the seriousness of Duterte’s alleged threats against Marcos.
Tolosa said the prosecution has a high level of confidence in the strength of its evidence for the impeachment article involving grave threats and inciting to sedition.
He said the authenticity of the video and Duterte’s statements are no longer in question after the prosecution presented evidence from the NBI.
‘The reason why the NBI took this seriously has also become very clear. This was not an isolated event; it was not just a single sentence or a viral video. A pattern of violence was observed, both in actions and in words,’ Tolosa said.
According to Tolosa, Duterte’s statements showed consistency, citing previous remarks, the Nov. 23, 2024 video, and her subsequent refusal to retract the statements.
He said the evidence presented before the court now allows senator-judges to determine whether such actions are consistent with the responsibilities of the country’s second-highest elected official.
Ortega said the defense failed to weaken the prosecution’s witnesses and evidence.
‘The picture became even clearer. It further affirmed that there is an existing threat. It was as if it had been cemented and further strengthened,’ Ortega said.
Legal action
Duterte may face a separate legal case after the impeachment trial if the NBI’s continuing investigation produces evidence linking her to an alleged assassination plot against President Marcos.
House impeachment adviser and spokesperson Robert Ace Barbers said authorities would evaluate possible legal actions depending on the developments of the NBI investigation.
‘But what I can say is that we will consider all possible legal actions that may happen after the impeachment trial,’ Barbers said.
Barbers said the impeachment proceedings are separate from any criminal investigation being conducted by law enforcement agencies.
The NBI has formed a special task force to identify the person Duterte allegedly contacted and determine whether the alleged arrangement could result in criminal liability.
He added that any additional information uncovered by the NBI could remain valuable even after the impeachment proceedings conclude.
Own admissions
Matibag said Duterte’s own public statements already constituted betrayal of public trust, regardless of whether investigators eventually identify the person she allegedly contacted.
During cross-examination before the Senate impeachment court, Matibag said the alleged betrayal was already completed when Duterte publicly admitted that she had communicated with someone regarding a plan against President Marcos.
‘The betrayal of public trust is the issue in the impeachment court; we don’t need to investigate even if we pinpointed the person contracted,’ Matibag said.
He added that such conduct would contradict the constitutional oath of a public official.
The defense moved to strike the statement from the record, arguing that Matibag gave legal conclusions.
However, Senate President and impeachment court presiding officer Francis ‘Chiz’ Escudero denied the motion and allowed the testimony to remain.
Escudero noted that Matibag was recognized not only as NBI director but also as a lawyer with extensive legal experience.
‘Words become bullets’
The House prosecution panel defended the NBI’s continuing investigation despite the bureau’s failure so far to identify the person allegedly contacted by Duterte.
House trial spokesperson Zia Alonto Adiong of Lanao del Sur said the government could not ignore statements that investigators considered a possible security threat.
‘We cannot let the government sit down and wait until words become bullets,’ Adiong said.
Also, Tolosa said the prosecution does not need to prove that an assassin exists to establish grave threats, saying Duterte’s alleged statements themselves constitute the basis of the accusation.
‘You do not need to show that there is actually an assassin,’ Tolosa said.
He added that the prosecution relied on the alleged threats, the circumstances surrounding the statements, and the response of government agencies that assessed them.
Matibag earlier testified that the NBI created a special task force and was investigating persons of interest using intelligence and surveillance operations.
The NBI chief, however, did not disclose names and said the investigation remains ongoing.