The defense panel of Vice President Sara Duterte on Wednesday argued that her controversial remarks against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and former House Speaker Ferdinand Martin Romualdez may have been taken out of context.
During the ninth day of the Senate impeachment trial, defense counsel Mark Vinluan asked National Bureau of Investigation (NBI) Director Melvin Matibag whether Duterte had said her remarks were made in jest.
‘Didn’t Vice President Sara say her statement in jest?’ Vinluan asked during cross-examination.
Matibag replied that he could not speak on Duterte’s state of mind.
Vinluan then suggested that the NBI may have interpreted the Vice President’s remarks without considering their full context.
Matibag disagreed, saying law enforcement authorities could not simply disregard statements made by the country’s second-highest official.
‘It would be difficult for us in law enforcement to simply take for granted the statement of the Vice President,’ he said.
The defense also raised remarks made by Davao City Mayor Sebastian ‘Baste’ Duterte during a Maisug rally, where he called for the President’s head, arguing that they constituted protected political speech.
‘As a lawyer and former dean, are you aware that political speech is constitutionally protected?’ Vinluan asked.
Matibag replied that constitutional protection depends on the nature of the speech.
‘And unless we are under martial law again, Mayor Baste is free to express his dissent against the government,’ Matibag said.
Vinluan pointed out that the Philippines is not under martial law.
Matibag responded that while freedom of expression is constitutionally guaranteed, it is not absolute.
‘Freedom of expression also has its limits. If it violates the law, it is no longer protected by the Constitution,’ he said.
Later in the proceedings, Vinluan sought to strike one of Matibag’s earlier responses after asking whether the NBI’s ongoing investigation could result in another case against the Vice President.
‘Are you saying that once you reach your findings, because we are all waiting for that, is it correct to say that you will have another case against Vice President Sara?’ Vinluan asked.
The court did not immediately rule on the defense’s motion to strike Matibag’s answer.