The trial continued for its second week and a new witness.
Last Monday, July 13, the Impeachment Trial of Vice President Sara Duterte continued for its fourth day.
During which, the Prosecution brought in their second witness, Atty. Jeremy Lotoc, who formerly headed the National Bureau of Investigation’s (NBI) Cybercrime Division.
The official testified in relation to the Article IV of the Impeachment case, which is the alleged grave threats made by the incumbent second-in-line.
Lotoc was underwent on that day a direct examination conducted by Private Prosecutor Atty. Virgil Ligutan.
The line of questioning first revolved around the credentials of the witness, who served in the said division of the bureau between February 2023 until July 2025.
During his, the case involving the Vice President’s remarks against President Ferdinand Marcos, Jr., First Lady Liza Araneta-Marcos, and former House Speaker Ferdinand Martin Romualdez during an online press conference on November 23, 2024, was investigated by the team, which also includes the first witness, Senior Agent John Mark Calilung.
Other statements made by the VP in October 2024 were also shown to establish the case that her alleged threat on November 23rd did not happen as a spur-of-the-noment utterance.
He also noted that the NBI also sent a letter to the Office ot the Vice President for her to also disclose the information she has in connection with a certain “Operation Romanov,” which came out during the same press-conference.
However, the non-appearance of the VP herself caused the Cybercrime Division of the bureau to have difficulty in gathering sufficient insight as to what the said oplan is.
Meanwhile, on the same evening, the cross-examination of the defense, led by their counsel Atty. Mark Vinulan, also began.
The other bench scrutinized documents, such as spelling errors, docket numbers, and other mistakes they have identified, which were classified by Lotoc as mere typographical errors.
The Defense also argued that the NBI, which Lotoc said conducted investigations in relation to the utterances of the Vice President, was ordered by the Department of Justice to conduct the investigation, which was then connected to President Marcos being the Chief Executive of the Executive branch of government.
Lotoc, however, assured that the investigation they conducted had no biases against VP Sara and said, “Our investigation. Your Honor, was evidence-based. Noong pinag-usapan po
namin ito, noong in-analyze po namin ito, noong nag-follow kami ng mga phases, at ang analysis, we believe na we agreed, we agree among ourselves na buo ang ebidensya, kompleto ang ebidensya, na-comply natin iyong requirement ng prima facie case, with reasonable certainty of conviction, na-submit po namin iyan sa DOJ, na ang paniwala po namin ay kumpleto po at na-comply namin iyong requirement ng kaso.“
The NBI offiicial also said they done also did their part on the alleged threat to the Duterte family, citing that they did a motu propio investigation — in line with the agency’s mandate of conducting such work for threats against the President, Vice President, Senate President, House Speaker, and the Chief Justice.
Meanwhile, the fourth day, which clocked about six hours and 12 minutes was adjourned at the manifestation of Senator Juan Miguel Zubiri, who requested to defer the rest of the cross-examination to the following day due to the lateness of the hour.
On the fifth day, the cross-examination by the Defense counsel continued with the rest of its questions.
A highlight of that is the acknowledgement of Lotoc that he has no personal knowledge about the supposed contracting of VP Duterte of a hitman, which was termed as “assassin” later on, to kill the three above-mentioned personalities.
Although, the offiicial was firm that the NBI had gathered enough evidence to linked her to such a plot.
It was also discussed that day if the Vice President has the capability to carry out supposed grave threat, with Lotoc noting that there is basis for such.
He cited that former President Rodrigo Duterte, the father of the incumbent second-in-line, is facing charges before the International Criminal Court for his war on drugs.
As regards to the inciting to sedition, Lotoc clarified that the case does not mean that the actual sedition had taken place. He also noted that both grave threats and inciting to sedition are both acts of felony under the Revised Penal Code.
A parallel was also drawn by Senator-Judge Francis Pangilinan with other past cases involving private individuals in 2018 and 2020, which Lotoc categorically acknowledged as utterances that could incite others to attack the government.
The official was also asked by Senator-Judge Joel Villanueva on where is an inciting to sedition happens and when it is just a plain political criticism.
“Well, una, kinonsider namin sino iyong utterer. So, una, iyong utterer, the Vice President, the second highest official of the land. Then, pangalawa, kinonsider namin, ano ba iyong mga in-utter ng Vice President. And then, pangatlo, ano ba iyong surrounding circumstances na, like, naging reaction ng recipient ng utterances o threats,” Atty. Lotoc said.
He continued, “Nakita ho namin na kung pwede palang gawin ito ng isa sa pinakamataas na posisyon ng Pilipinas
at hindi natin ito m-address, hindi natin ire-regulate, pwede na po pala itong gawin ng kahit na sino. Remember, Your Honor, Vice President is kinokonsider natin na model bilang public official. So, tinitingnan po natin siya kung ano iyong actuations niya sa public, kung ano iyong pakikipagrelasyon niya sa ibang public officials.”
Lotoc also told that it could also create a “domino effect” where others who will see the Vice President make such utterances will be emboldened to do the same.
Meanwhile, Senator-Judge Robin Padilla also scrutinized the background of Atty. Lotoc and asked whether he had pending Court cases, which he deemed as normal for law enforcement agents.
“Well, wala pa akong natanggap na official case galing sa Ombudsman, pero may nakita na ho akong complaint na binigay sa akin from NBI,” Lotoc said. “Hindi ko na ho maalala iyong sa
case na iyan. Pero noong chineck (check) ho namin iyong case na iyan, Your Honor, sabi ko
doon sa mga kasama ko, ‘Tingnan ninyo nga iyong validity at authenticity ng case na to.’“
“Pinuntahan ho namin iyong notaryo, at iyon ay Makati court iyon. Iyong Makati court
nag-issue ho ng certification na peke iyong notary diyan sa reklamo na iyan. So, sabi ko, ‘Eh, huwag n ‘yo nangpansinin, marami tayong trabaho. Kung fake iyong notaryo na iyan, mere scrap of paper iyan. Huwag na natin pansinin.’“
“Although, nag-aantay po ako. Your Honor, na nag-notify sa akin ang (Ombudsman) kasi sasagutin po namin na ‘Heto ho ang nakalam namin, may dalawang Chinese na nagreklamo.’ Chineck ho namin doon sa BI, iyong dalawang Chinese na iyan, I think nine months nang overstayer, at pinaghahanap din ng Bureau of Immigration,” he said.
Padilla also discussed the Operation Romanov, which was reportedly brought up by Davao City Mayor Baste Duterte in 2024 and was mentioned by the vlogger Princess Maui in the November 2024 press conference.
Meanwhile, following the cross-examination, Lotoc underwent a re-examination by the Prosecution panel, as well as re-cross examination.
It was also on the same evening that the Prosecution confirmed that they are no longer presenting Office of the Vice President chief-of-staff Undersecretary Zuleika Lopez and House Legislative Security Bureau official Capt. Belinda Bello as witnesses.
Atty. Lorna Kapunan noted that having them are now “unnecessary” as the Defense had effectively “admitted” the Vice President’s statements were real, together with the presence of the media, and the authenticity of the video, by relying on the same video as evidence.
The move was then welcomed by the Court, with Senate President and Senator-Judge Shewrin Gatchalian noting that it shaves off time from the already lengthy process, which they approximated to run for 17 months on the original timetable.
Meanwhile, on the sixth day, the oral arguments was held on whether the Impeachment Court should subpoena the Vice President’s bank records, tax returns from the Bureau of Internal Revenue (BIR), and documents from the Anti-Money Laundering Council.
This is in line with the next phase of the trial that would revolve around the allegations of unexplained wealth and other assets.
Presiding Officer Senator Francis Escudero said the senator-judges will decide on the whether to have these documents subpoenaed on the next trial day scheduled for Monday, July 20.
