IN BRIEF: Defense cross-examines prosecution's first witness in Duterte grave threats charge on Day 3 of impeachment trial
Sara Duterte's defense team cross-examined NBI senior agent John Mark Calilung—the prosecution's first witness—as proceedings continued to look into the grave threats charge against the vice president on the third day of her impeachment trial.
The July 8 hearing saw repeated objections and procedural disputes between House prosecutor Atty. Amando Ligutan and defense counsel Atty. Carlo Narvasa. Senator-judges also questioned whether the video of Duterte's alleged threat against President Ferdinand "Bongbong" Marcos Jr., First Lady Liza Marcos, and former House Speaker Martin Romualdez was AI-generated and sought clarification on the alleged "hitman" mentioned in her remarks.
Here's what went down on Day 3 of the trial.
House prosecutor Atty. Amando Ligutan raises multiple objections
Ligutan repeatedly objected throughout Narvasa's cross-examination of Calilung.
Among the grounds for his objections were what he described as improper and vague remarks, as well as questions that limited the first witness to answering only with a "yes" or "no."
Later, as the proceedings turned to the grave threats allegation against Duterte, Narvasa questioned whether Calilung had "really investigated" the case.
“Did you really investigate this case?” Narvasa asked after Calilung said he had no personal knowledge of whether Marcos, the First Lady, and Romualdez had filed a case against Duterte.
Ligutan objected to the question, prompting Narvasa to immediately withdraw it.
At one point during the proceedings, presiding officer Chiz Escudero remarked that Ligutan appeared to be growing frustrated as he continued objecting to Narvasa's line of questioning.
“Counsel, if the witness knows and the counsel for the respondent will be given the latitude to test the credibility, accuracy, and completeness of the testimony of the witness,” Escudero said. “But we note your continuing objection because you already sound frustrated, counsel, in regard to this line of questioning.”
“I’m very patient, your honor. I’m very patient,” Ligutan responded.
Defense presents 2024 media briefing excerpts showing Zuleika Lopez
The defense presented portions of Duterte's Nov. 23, 2024 online press conference showing the OVP chief of staff Zuleika Lopez in tears as she insisted she was not a criminal and claimed her life was being threatened while under House custody. This was three days after she was cited in contempt over her alleged "undue interference" in the investigation into the OVP's use of confidential funds. She was detained for five days.
During the cross-examination, Calilung confirmed that the events were considered in the NBI's revised affidavit of investigation dated Feb. 10, 2025.
Narvasa asked him, “Did you investigate the threats to Zuleika’s life?” to which Calilung answered, “We did not.”
Senator-judge Risa Hontiveros asked Narvasa about the relevance of showing Lopez’s video, specifically whether the defense was claiming that Duterte’s alleged threats or incitements were prompted by Lopez’s detention.
“Yes, your Honor. There was a systematic oppression made by the House of Representatives dating back from their, even before their mini trial, your Honor, the committee headed by Representative Joel Chua investigating the vice president and her people... even if she was answering the questions faithfully, to the best of her ability, she was cited in contempt [and] detained,” Narvasa answered.
Hontiveros further asked whether the defense was arguing that Duterte should be excused if her alleged threats were found to have been prompted by a legitimate reason.
“Position po ba ng depensa na pwede palampsin ang alleged grave threats kung may masasabing lehitimong dahilan para magbanta?” she asked.
“That’s not the point,” Narvasa responded.
Escudero then reminded the senator-judges to avoid questions that require the counsel to make legal conclusions, saying such are better addressed during closing arguments.
Duterte 'kill threat' video not AI-generated: Calilung
Senator-judge Raffy Tulfo asked Calilung about the possibility that Duterte's "kill threat" video had been generated using artificial intelligence, and whether the NBI agent had enough experience to tell the difference between real and AI-generated videos.
Calilung said yes, maintaining that the video, which was presented before the Senate impeachment court on Tuesday, July 7, was authentic.
“The video itself [was] two hours long. Normally, an AI-generated video only lasts a short second,” Calilung said.
Senator-judge Robin Padilla later asked whether Calilung was able to talk to the person who screen-recorded the video.
"May I clarify, your Honor, if sinong tao 'yung tinutukoy n'yo?" Calilung clarified.
"'Yung nag-record po," Padilla answered.
"Ako po 'yung nag-record through OBS," the NBI agent said.
Padilla then asked Calilung about his credentials relevant to the case.
Defense says no proof 'of any contracting of an assassin'
Atty. Mark Vinluan, who is also part of Duterte’s defense team, stressed that there’s “no proof of any contracting of an assassin” in the case.
“The prosecution admitted that the video does not prove any fact other than its existence. In simple words, there is no proof of any contracting of an assassin,” Vinluan said.
“The prosecution’s submission before this honorable court made the respondent’s position clear: The prosecution has no other competent evidence to prove that VP Sara contracted an assassin,” he added.
“Trying to prove this stretched narrative using a hodgepodge of materials is a waste of this honorable court's time and the Filipino people's money,” continued Vinluan.
The lawyer cited a reporter's mention of “Operation Romanov,” an alleged plot to eliminate Duterte and her family, during the 2024 livestreamed briefing.
“[Reporter Dempsey] Reyes talked about it, Princess Maui reiterated it, but the NBI gaslighted it,” the defense claimed.
Vinluan furthered that Duterte became “the target of unauthorized intelligence and surveillance operations by government operatives that expose her family to high-level risks and security threats, thereby causing intense trauma and uncontrollable fear.”
The defense also argued that Duterte's statement was the “culmination” of the “various threats and harassments” she faced following the collapse of her alliance with Marcos.
“She didn’t commit an impeachable offense. She drew the line in the sand and said enough is enough. That is the meaning and that is the context,” Vinluan said.
Prosecutors to present witness on alleged ‘hitman’
Senator-judge Bam Aquino asked Calilung whether he investigated the “hitman” apart from examining the video where Duterte allegedly made assassination threats.
"I was only tasked for the video, sir," Calilung responded.
Aquino then asked the prosecution if it would present other witnesses who would testify about the alleged hitman.
"As to the alleged hitman, your Honor, yes," said Ligutan.
The third day of the impeachment trial adjourned at 4:57 p.m. and will resume on Monday, July 13, at 2 p.m. The prosecution will present its remaining witnesses over the next three hearing days, July 13 to 15: NBI official Atty. Jeremy Lotoc on Monday, OVP chief of staff Zuleika Lopez on Tuesday, and Belinda Bello, Legislative Security Bureau executive director of the House of Representatives Office of the Sergeant-at-Arms, on Wednesday.
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.
