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NBI agents first to take witness stand in VP trial

Marc Jayson Cayabyab, Helen Flores - The Philippine Star
NBI agents first to take witness stand in VP trial
NBI regional director Jeremy Lotoc
House of Representatives

MANILA, Philippines — An official and an agent of the National Bureau of Investigation (NBI) will be the first to take the stand in the trial of impeached Vice President Sara Duterte, as they appear today – the second day of her trial – to testify for the prosecution on allegations of grave threats.

The Senate impeachment court yesterday granted the request of prosecutors of the House of Representatives to let NBI regional director Jeremy Lotoc and senior agent John Mark Calilung testify on the livestreamed threats of Duterte to have President Marcos, First Lady Liza Marcos and former speaker Martin Romualdez assassinated in case she herself would be killed.

It was the NBI which authenticated Duterte’s livestreamed threats and confirmed that there was no alteration or artificial intelligence in Duterte’s expletive-laden video clips.

Ruling deferred on bank records, AMLC

At a press briefing after yesterday’s trial, impeachment court spokesman Reginald Tongol said another issue the court was preparing to approve is the prosecution’s request for subpoena on the Anti-Money Laundering Council and several bank records of the Vice President.

But presiding officer Sen. Francis Escudero deferred ruling on the matter when parties agreed that all requests for subpoena be furnished to the other party so that they can file comment or opposition, for possible oral argument. They were given five days to comment.

Tongol also said Senate President Sherwin Gatchalian’s move to give way to Escudero as presiding officer was part of an amicable agreement for a division of labor during trial. He made the clarification when asked about the optics of Escudero sitting beside Gatchalian.

It was a setup similar to what prevailed during the 2000 impeachment trial of deposed president Joseph Estrada, when former chief justice Hilario Davide Jr. sat beside then Senate president Aquilino Pimentel Jr. at the podium even though it was Davide who presided over the trial.

“When it comes to the impeachment trial, they are equals. There is division of labor. We do not want to degrade the Office of the Senate President by letting him sit among senator judges,” Tongol said.

‘Green box’ back to BIR

Escudero, meanwhile, also ordered the return to the Bureau of Internal Revenue (BIR) of the box containing tax records of Duterte and husband Manases Carpio.

He explained the court “is not yet the custodial legis” and that there is “no lawful order by the court for this box to be turned over to the Senate.”

Not yet marked as evidence, Escudero ordered that the box be “closed, sealed and as it is received, be sent back to the BIR without prejudice to any actions the court may take.”

According to a constitutional law expert, it would be better if the Vice President herself would allow the unsealing of the box containing her and her husband’s tax records during the impeachment trial.

“If I was the Vice President, I will go there (in the Senate) on the first day and say ‘open that box’ to deliver a message that I am not hiding anything,” former Integrated Bar of the Philippines president Domingo Cayosa told radio dzBB.

He maintained it would be “very simple” and “not difficult” for Duterte to command the opening of the box, which would supposedly be presented as evidence in Article II of Duterte’s impeachment complaint on her alleged unexplained wealth.

Cayosa also pointed out the Senate impeachment court’s authority to unseal the tax records despite an earlier pronouncement that it would be returned to the House of Representatives.

“The impeachment court can decide. It is a court, no one can impede them from opening it.”

Earlier yesterday during the flag-raising ceremony, Gatchalian thanked Senate officials and employees for their help in upholding the integrity of the Senate.

“I thank all of you because, despite what our institution is going through, you have continued to provide quality service to our fellow Filipinos. I ask you to trust me that we will not do anything that will damage the institution we all cherish,” he said.

Pulong hopes for fair trial

Meanwhile, Davao 1st district Rep. Paolo Duterte has expressed hope that the impeachment trial of his sister, the Vice President, will be conducted in a professional manner.

“I hope the proceedings will be conducted fairly, professionally and without unnecessary distractions,” the Davao representative said in a statement.

He also hoped that the trial would allow “the truth to emerge” amid what he described as months of accusations, speculations, political narratives and noise surrounding the case.

“The Filipino people deserve facts, not rumors. Evidence, not innuendo. Truth, not propaganda,” he said.

Duterte added that the Vice President is ready to face all charges hurled at her and again hoped that she will be given the opportunity to answer all of them.

The Vice President is accused of alleged misuse of confidential funds, unexplained wealth, bribery and threats against President Marcos.

As opinions ran high, the Davao congressman urged the public to allow the Senate impeachment court to perform its duties and to approach the proceedings with an open mind.

“At the end of the day, political attacks may generate headlines, but only the truth can stand scrutiny,” he said. — Ghio Ong, Diana Lhyd Suelto

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