IN BRIEF: Day 5 of Duterte impeachment trial centers around counsel clashes, credibility, and the dropping of two witnesses

To begin the day, defense counsel Atty. Mark Vinluan played clips from the recording of the said online press conference held by Duterte, as well as a Nov. 25, 2024 clip of Marcos addressing Duterte's alleged threat against him and his family.

Vinluan asked Lotoc if he had personal knowledge of the truth behind the utterances made by Duterte during the press conference.

Escudero interjected, saying the witness is incompetent "to testify as to the truth of the matter stated by the vice president. He can only testify as to the fact that those statements were made... given that he only investigated and was not there."

In his manifestation, Vinluan said, "In that case...even if VP Sara said that she already talked to a person, then we cannot confirm the truth because this witness does not have personal knowledge."

As a counter-manifestation, counsel for the prosecution Atty. Amando Ligutan said, "The defense is entitled to their own conception of things; they're entitled to their own imagination."

Moving on, Vinluan played a clip from the same press conference where she allegedly accused the first couple and Romualdez of various acts of corruption. He then asked Lotoc if he knew if the statements uttered by Duterte were true. 

Lotoc said he didn't personally know about the factual circumstances of the statements. "What I know is that she uttered those statements," he said.

Escudero: Avoid showmanship

Another tense moment cropped up when Vinluan asked Lotoc whether the NBI issued subpoenas for the first couple and Romualdez. When Lotoc replied in the negative, Vinluan reminded him that the NBI issued two subpoenas for Duterte. 

Lotoc defended the NBI's decision by apparently referring to Duterte's alleged threats against the lives of the Marcos couple and Romualdez, and saying, "The evidence is clear."

"According to you," said Vinluan. 

The exchange prompted a quick request from Ligutan, asking presiding officer Chiz Escudero to admonish the defense counsel for his unprofessional remark. 

Escudero then reminded counsels for both parties to avoid side comments. He also ordered the striking off the record of questions raised then withdrawn "to avoid showmanship."

Previously, Escudero also admonished Vinluan when the defense counsel remarked Duterte's Bar exam grade of 80 was higher than "most of the lawyers here."

"Counsel for the respondent, kindly avoid those disparaging statements, given that there are a lot of lawyers here and you don't know what their grades are," reprimanded Escudero. 

Tulfo asks Lotoc about 'Romanov'

Questioning the witness, senator-judge Raffy Tulfo asked about the "Operation Romanov" mentioned by vlogger Princess Maui during Duterte's online presscon. According to the vlogger, "Romanov" allegedly referred to a plot against the life of Duterte. 

"Saan nag-umpisa 'yung Romanov? Sino dapat mag-ingat?" Tulfo asked. 

The name refers to the last imperial family to rule Russia. They were overthrown and murdered by the Bolsheviks, a communist group in Marxist Russia. 

Lotoc replied it was first mentioned by Duterte's brother, Davao City Mayor Baste Duterte, during a January 2024 candlelight rally in Davao. Apparently addressing Marcos and his family, the mayor said, "When you go to sleep tonight, think of the Romanovs."

"'Yung Romanov na salita, it was used to warn, as a threat to the first family... Parang binabantaan niya 'yung first family," Tulfo said. 

Senator-judge Erwin Tulfo asked Lotoc if they took the "Romanov" threat against Duterte seriously. The NBI regional director said they did, which is the reason why they invited Maui to shed light on her comment. She did not respond.

According to Lotoc, since there was no validation from the source, which would have been Maui, the NBI classified the "Romanov" information as non-validated. 

Padilla brings up alleged previous complaints against Lotoc

Senator-judge Robin Padilla wondered why Lotoc was reassigned from the NBI's MIMAROPA office to BARMM, and asked if the regional director had any knowledge of Islam, which is the predominant religion in the region. 

When Lotoc said he had just some knowledge of the religion, as he is a Christian, Padilla asked him how many times he was promoted throughout his 12 years with the bureau, referring to Lotoc as the supposed "golden boy of the NBI."

The senator went on to ask whether Lotoc was the recipient of lawsuits, to which Lotoc answered in the affirmative. 

Padilla showed a thick stack of papers, which were apparently cases brought against Lotoc, with the senator-judge mentioning "perjury, robbery, extortion, theft." He also added "arbitrary retention and unlawful arrest."

According to Padilla, the latest complaints were dated Feb. 29.

Lotoc explained that the Office of the Ombudsman has not officially notified him of the complaints against him. 

"Your Honor, normal po sa mga NBI agents ang makakasuhan. That’s the price we pay for doing our jobs and for protecting the country," he continued.

"As we say in the NBI, we avoid the noise; we just finish the job," added Lotoc. 

The senator-judge also asked about Lotoc's knowledge of the Romanovs.

"Hindi po ba dapat isipin natin 'yung Romanov eh tungkol sa threat na pumapasok sa mga pamilya na namumuno dito sa ating bayan na lumalaban sa komunista. Komunista po ako ah. Gusto ko lamang pong alaminin ninyo," Padilla said.

Kapunan: Prosecution no longer calling Zuleika Lopez, Belinda Bello as witnesses

Toward the end of the day's trial, Escudero mentioned the next witnesses scheduled to testify: Atty. Zuleika Lopez, Duterte's aide, whose subpoena expired July 14, and Capt. Belinda Bello, executive director of the House of Representatives' Legislative Security Bureau.

On Nov. 20, 2024, Lopez was cited in contempt for allegedly interfering in the House hearing on alleged misuse of public funds in the Office of the Vice President. Late on Nov. 23, 2024, Bello served the order to transfer Lopez to the women's prison in Mandaluyong City. 

In her manifestation, Atty. Lorna Kapunan, counsel for the prosecution, said they "find it totally unnecessary, redundant, and a surplasage to still present Atty. Zuleika Lopez and Capt. Belinda Bello."

According to Kapunan, the prosecution sought Lopez to prove three details: that she was personally present in the women's detention center when Duterte uttered her threats in the Nov. 23, 2024 video, that there were other media personnel present who heard the same utterances, and that the video of Duterte's online press conference was authentic. All these details, said Kapunan, were already confirmed earlier in the day's trial.

Bello would have just confirmed that there was a transfer order for Lopez, and that the order was the subject of the late-night online press conference the vice president called on Nov. 23, 2024. 

"We are doing our part [for a speedy trial]. We have reduced trial dates by lessening our presentation on this article by two witnesses," Kapunan said. 

"We would also request that the same be a reminder to the counsels of the defense," she added. 

Senate President Win Gatchalian was grateful for the removal of two witnesses from the trial schedule. He mentioned that based on the pre-trial order, the prosecution would be presenting 57 witnesses, and the defense, 45, for the duration of the impeachment trial. 

"At the rate we're going, with two witnesses per day, we will finish [the trial] in 17 months, or a year and five months," Gatchalian quipped.  

Day 5 of the trial began at 2 p.m. and adjourned at 7:41 p.m. It will resume on Wednesday, July 15, when both panels will argue about the disposition of two requests for subpoenas by the prosecution for Duterte's bank records and AMLC records, as well as her BIR records. 

Duterte impeachment trial

Duterte is facing a total of four impeachment complaints. The first complaint was filed by a coalition of various organizations on Feb. 2, but was set aside for violating the one-year bar rule. The second was filed on Feb. 9, but was withdrawn to consolidate support for the third complaint.

The third complaint, backed by ML Party-list Rep. Leila de Lima, charged Duterte with culpable violation of the Constitution, betrayal of public trust, plunder or malversation, bribery, graft and corruption, and other high crimes.

The fourth complaint, endorsed by House Deputy Speaker Paolo Ortega and Manila 6th District Rep. Bienvenido Abante, similarly alleged constitutional violations, betrayal of public trust, graft and corruption, and other impeachable offenses.

The Senate impeachment court has approved a 92-day trial as of writing. Sixty-two trial dates have been set for House of Representatives prosecutors and 30 for Duterte's defense team, according to a 14-page Pre-Trial Order obtained by The Philippine STAR.

According to House prosecutor Chel Diokno, the articles of impeachment will be presented in the following order: fourth article, first article, third article, and second article.

If the Senate impeachment court finds her guilty of the charges, Duterte will be removed from her current post and permanently barred from holding public office.