Manila: National Bureau of Investigation (NBI) Regional Director Jeremy Lotoc on Tuesday told the Senate impeachment court that typographical errors in investigation documents do not affect the bureau's findings against Vice President Sara Duterte. During cross-examination, defense counsel Mark Vinluan questioned whether the errors in the NBI documents could constitute violations of due process, noting that Lotoc had earlier described the bureau's case as 'airtight.'
According to Philippines News Agency, Lotoc emphasized that the presence of typographical errors does not change the fact that the video exists, nor does it alter the NBI's findings. These findings accuse Vice President Duterte of committing the crimes of grave threats and inciting to sedition. Lotoc highlighted that the errors did not impact the authenticity of the video evidence presented or the contents of Duterte's recorded statements.
His testimony came after the defense highlighted typographical and clerical mistakes in NBI documents in an effort to question the integrity of the investigation. The Nov. 23, 2024, online press conference is the subject of the fourth article of impeachment against Duterte. The article alleges that the Vice President committed a culpable violation of the Constitution and betrayal of public trust after publicly stating that she had instructed someone to kill President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and then-Speaker Martin Romualdez should she herself be killed.
Lotoc maintained that despite the clerical errors identified during cross-examination, the NBI's findings remained unchanged. He reiterated this during the redirect examination by prosecution counsel Amando Virgil Ligutan. He stressed that the supposed clerical errors do not alter the NBI findings against the Vice President.
During a press briefing, the House prosecution said its evidence against Duterte has only grown stronger as the defense, according to them, has failed to undermine the testimony of Lotoc despite extensive cross-examination. 'I can honestly say that on this fifth day ng ating trial, matibay pa rin at lalong tumibay ang ebidensya na inilatag ng ating prosecution panel (of the trial, the evidence presented by the prosecution is still strong and has even grown stronger),' House prosecution spokesperson and adviser, former Surigao del Norte Rep. Robert Ace Barbers said.
Barbers stated that Lotoc's testimony corroborated the earlier testimony of NBI special agent John Mark Calilung by reaffirming the authenticity of the video where Duterte said she had instructed someone to kill President Marcos, the First Lady, and the former Speaker should she herself be killed. He also noted that the defense devoted much of its cross-examination to questioning dates, typographical mistakes, and other clerical inconsistencies in the prosecution's documentary evidence instead of challenging the substance of Lotoc's testimony.
Lanao del Sur Rep. Zia Alonto Adiong, also a spokesperson for the House prosecution, expressed that the testimony of the prosecution's two NBI witnesses has remained consistent from the first day of trial, even as the defense shifted its arguments from freedom of expression to conditional threat and later to typographical errors. 'Hanggang sa ngayon, ang gusto nilang ipahiwatig na wala talagang threat na nasabi. Pero still, hindi pa po nila nasasagot 'yung unang-unang katanungan: ito ba ay karapat-dapat ba na pananalita sa isang halal na pinuno (Until now, they want to imply that there was no threat that happened. But still, they haven't yet answered the main question: Is this an appropriate utterance from an elected official)?' Alonto Adiong said. He added that despite the defense's arguments, it has yet to present any basis to conclude that Duterte did not make grave threats.
