Sara Duterte trial recap, July 14: Warning vs threat, Baste's 'Romanov,' skipping Zuleika
MANILA, Philippines — The National Bureau of Investigation official who investigated Vice President Sara Duterte's "kill" remarks wrapped up nearly two days on the witness stand Tuesday, July 14, stressing the threat made was real, while conceding the limits of what his division established.
Still, the House prosecution ended the day projecting confidence in the case it has built with just two witnesses so far in the last five trial days.
After the cross-examination, redirect and recross of NBI regional director Jeremy Lotoc, prosecutors moved to no longer present their two listed witnesses for the week — OVP chief of staff Zuleika Lopez and House security official Capt. Belinda Bello.
Mindful of senators' concerns that the proceedings were dragging, private prosecutor Lorna Kapunan said the two individuals' testimonies at this point would be "totally unnecessary, redundant and a surplusage."
This means tomorrow (day six) essentially pauses the testimonial phase of the grave threats article until NBI Director Melvin Matibag takes the stand Monday, July 20.
The trial shifts tomorrow to oral arguments on the prosecution's bid to subpoena Duterte's bank, AMLC and BIR records.
Duterte was again not present during the trial.
1. Warning or threat?
Senator-judges spent much of today asking the witness on how the NBI reached its finding that Duterte committed the crime of grave threats.
Sen. Pia Cayetano asked all parties whether the charge of grave threats requires the target to have actually felt fear.
Prosecutor Amando Virgil Ligutan cited Supreme Court rulings that no private complainant is actually required for the crime of grave threat to be established
"To repeat, ito ang sinabi ng Supreme Court: 'All that needs to be proven is that they were intended by the accused to have that effect," Ligutan said.
Lotoc agreed with Ligutan.
Defense counsel Mark Vinluan maintained there were no threats to begin with, only a "response" to a question, never aimed directly at the president, first lady and the former House speaker.
Asked to distinguish a warning from a threat, Lotoc said the two can "overlap depending on the appreciation of the investigator," and that context is crucial.
Presiding officer Sen. Chiz Escudero said: "Warning in Filipino is babala; threat is banta... Ang tanong ni Senator Pia: kailan nagiging banta?"
Lotoc maintained Duterte's alleged "threat" was no spur-of-the-moment outburst, citing once again a "pattern" across Duterte's October 18, November 23 and November 26, 2024 statements.
The last one — an ambush interview with the media — was where Duterte repeated that she had talked to someone to take revenge if she died.
Lotoc said this was an admission a lawyer like Duterte would know the consequences of.
Sen. Risa Hontiveros walked Lotoc through why such an admission carries weight under the country's laws.
"Hindi ho ia-admit ng isang tao ang isang bagay na ikakasira niya," Lotoc said.
The limit. Questions directed at Lotoc however surfaced the limits of what the NBI cybercrime division were able to establish in its investigation.
Lotoc told Senate President Sherwin Gatchalian the cybercrime division's belief that she can be charged for grave threats rests on Duterte's statements and admission.
However, identifying the person she allegedly spoke to falls to the NBI's intelligence service.
Asked what showed Duterte capable of carrying out the alleged threat, Lotoc cited her position and "the background that her father, the former president, is now facing cases in the ICC because of extrajudicial killings."
2. 'Romanov' came from Baste
Lotoc disclosed that the NBI classified "Operation Romanov" — the supposed plot against Duterte's life that her camp says provoked her remarks — as unvalidated information.
The bureau's open-source check traced the term's first use to her brother, who mentioned the word as a warning to the president, Lotoc said.
At the time, tensions between the Marcos and Duterte camps had ratcheted up after former President Rodrigo Duterte accused Marcos of abusing illegal substances.
Davao City Mayor Baste Duterte used the word at a January 2024 Hakbang ng Maisug rally, telling Marcos words to the effect of: "When you go to bed tonight, think about the Romanovs."
The individual who raised the plot in Duterte's press conference, "Princess Maui," never appeared before the NBI to explain her warning Duterte about "Operation Romanov," despite the bureau's invitation.
Sen. Alan Peter Cayetano came to Baste Duterte's defense and said the mayor's remark should not be read as a threat to the first family either: "There's a thin line between a warning and a threat."
3. Prosecution drops two witnesses
Private prosecutor Lorna Kapunan said the panel found no more need for Lopez and Bello after its two witnesses — Lotoc and NBI agent John Mark Calilung — authenticated 64 documentary exhibits between them.
The move also comes amid mounting pressure for the impeachment court to speed things along.
Gatchalian warned that the current pace of the proceedings mean the trial could last for over a year. He said with 102 listed witnesses, and the current pace of one witness per two days, the impeachment court could be dealing with 17 months of trial.
"Any chance of shortening the proceedings will be highly appreciated," the Senate president said.
For Wednesday's subpoena arguments, both prosecution and defense will get 15 minutes plus 10 for rebuttal, after which senator-judges will hold a caucus.
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