IN BRIEF: NBI chief says Duterte 'hitman' suspects down to fewer than 20 on Day 9 of trial

Defense: Duterte's statements 'taken out of context'

During Wednesday’s cross-examination, the defense argued that Duterte’s statements had been taken out of context and questioned why the NBI continued investigating the alleged threats.

“Mahirap po para sa aming law enforcement na ’yung ganyang mga statement ay aming pong babalewalain,” Matibag answered.

Duterte made the remarks after recounting an incident at a graduation ceremony, where a cadet reportedly asked Marcos if he could have the President's watch as a graduation gift. According to Duterte, she was taken aback when Marcos declined the request. She said she considered giving the cadet her own watch but decided against it to avoid overshadowing the President. Duterte then said she coped with her frustration by imagining herself cutting off Marcos' head, adding that it made her realize her relationship with him had become toxic.

Matibag also disclosed that the NBI investigated Duterte's own claims that her life was under threat. He said the bureau invited the Vice President to participate in the investigation twice, but she did not appear.

Matibag: Betrayal of public trust 'consummated' after Duterte's 'kill' remark vs Marcos

Matibag told the impeachment court that Duterte "consummated" betrayal of public trust when she publicly said she had hired someone to kill the Marcoses if she were killed.

During the proceedings, defense counsel Atty. Mark Vinluan asked Matibag whether the NBI, after completing its findings, planned to pursue another impeachment complaint against Duterte.

“The betrayal of public trust, we don't need to investigate even if we pinpointed the person contracted. Because the point being is the betrayal of public trust had already been consummated when she publicly admitted—there is already an admission—that she contracted a killer, mamamatay-tao or assassin to kill the President. That itself is an admission,” Matibag said.

“Why? Because the oath of the Office of the Vice President, sabi nya she will execute the law and do justice to every man. So kapag nagbalak kang pumatay at ginawa mo 'yan, that is no justice to every man. It’s not execute the law but execute the president ang gusto mong gawin diyan,” he added.

Cayetano challenges Matibag's credibility

Senator-judge Pia Cayetano challenged Matibag's credibility by pointing to his public statements about the May 13 gunfire incident at the Senate, where personnel from the Office of the Senate Sergeant-at-Arms and NBI agents exchanged warning shots.

Cayetano noted that Matibag said he was not at the Senate during the incident because he was at a hotel for an NBI event. She referred to his earlier statement that NBI agents were at the GSIS building to secure the premises at the request of GSIS President Jose Arnulfo "Wick" Veloso. The senator-judge then showed a screenshot from the Senate's website showing its official address as the GSIS Building along J.W. Diokno Boulevard in Pasay, noting that while the Senate occupies only part of the building, both offices share the same address.

The senator-judge likewise disputed Matibag's claim that no one was injured during the NBI's attempt to arrest Sen. Ronald "Bato" dela Rosa, who is on the ICC's wanted list. "We have a video… Alam po ng lahat ng kasamahan natin na 'yung OSAA, 'yung ating personnel ay binugbog. May video po tayo niyan," she said.

Cayetano stressed that the issue was relevant because, under the Rules of Court, a witness' testimony may be assessed based on "their intelligence and also their personal credibility."

Defense, Robin Padilla press House prosecution over Lascañas affidavit

During the proceedings, Vinluan pointed out the rules on presenting an affidavit, saying it must be testified to and identified by its author. He then called the affidavit of self-confessed hitman Arturo Lascañas a "mere scrap of paper" since it was unsigned and unnotarized.

Presiding officer Chiz Escudero said Lascañas' affidavit was not offered as an authentic document executed by the affiant, but was used only by Matibag in his open-source investigation, reiterating that senator-judge Ping Lacson had already clarified the matter.

Senator-judge Robin Padilla also questioned the credibility of Lascañas, arguing that witnesses who give conflicting statements should not be relied upon in Duterte's impeachment trial. "[Noong] Oct. 3, 2016, sinabi niya walang kinalaman ang Pangulong Rodrigo Roa Duterte... February 20, March 6, naiba na ang istorya. Ang tanong ko po, ano ang tawag sa taong paiba-iba ang sinasabi? 'Di ba po sinungaling?" Padilla said.

Luistro explained that the Lascañas affidavit was presented only to show how the NBI handled its probe into Duterte's alleged threats against Marcos. However, Escudero directed her to answer Padilla's question directly. "Without particular reference to Arturo Lascañas, I agree with you, presiding officer," she said when Escudero asked whether someone who gives inconsistent statements should be considered an unreliable witness.

Matibag: NBI narrowed hunt for Duterte's alleged hitman to fewer than 20 people

Matibag said that the Duterte "hitman" suspects have been narrowed down to fewer than 20 individuals. "May mga pangalan na po kami nito. Sa katunayan po, 'yung iba po rito kausap na po namin 'yung kanilang mga pamilya o kakilala," he said, adding that there is a person of interest within the Vice Presidential Security Group.

According to Matibag, there's a 6 to 7 out of 10 chance of identifying the person that Duterte allegedly hired to carry out the killings. He said the agency expects to identify the alleged contracted killer in three to six months.

Since Matibag was the prosecution's last witness for the fourth article of impeachment, Escudero said the panel rested its case after six hearing days, despite being allotted 11 days under the pretrial order. He directed both the prosecution and defense to prepare for the next two witnesses, noting the court could still recall or amend the subpoenas depending on any agreement reached next week.

Escudero also warned registered counsels serving as spokespersons against publicly discussing the merits of the case, saying the court would monitor their statements. He suggested appointing spokespersons who are not registered counsels, as they are not bound by the same restrictions on public comments.

The July 22 trial was adjourned at 4:41 p.m. Subpoenas will be issued to former LandBank branch managers Violeta Constantino and Nenita Camposano over Duterte's confidential funds as the impeachment trial resumes at 10 a.m. on Wednesday, July 29.

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.

The articles of impeachment are being 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.