Photo credit: Senate PH

The Senate impeachment trial of Vice President Sara Duterte wrapped up its third day with National Bureau of Investigation (NBI) Senior Agent John Mark Calilung standing by his testimony that Duterte's controversial remarks against President Ferdinand Marcos Jr. constituted an "absolute" threat, despite acknowledging that the NBI affidavit described it as conditional.

Calilung, the House prosecution's first witness under Article IV of the Articles of Impeachment, spent two days on the witness stand presenting digital evidence and answering questions from both the defense and senator-judges.

During questioning by Senator Alan Peter Cayetano, Calilung was asked whether Duterte's statement, particularly the phrase "kapag pinatay ako," made the alleged threat conditional.

Calilung agreed that the affidavit prepared by the NBI described the remark as conditional.

"Based on our affidavit, sir, I believe it's conditional," he said.

However, when Cayetano asked for his personal assessment as the lead investigator, Calilung gave a different view.

"The threat is absolute, sir," he replied.

Calilung explained that while Duterte's statement contained a condition, the fact that she had allegedly spoken to another person beforehand created the possibility that a third party could carry out the alleged instruction if the condition were met.

"There is a condition na kapag pinatay siya, but as we can see, it's only applicable if there is only two parties," Calilung said.

"The statement make a loophole wherein a third party can use that kapag namatay si VP, ma-e-execute niya yung statement ni VP na may nakausap na siya," he added.

Earlier in the hearing, defense counsel Atty. Carlo Joaquin Narvasa questioned Calilung about the NBI investigation, the affidavits submitted in the case, and whether President Marcos, First Lady Liza Araneta-Marcos, or former Speaker of the House Martin Romualdez personally appeared before the NBI or filed criminal complaints.

Calilung testified that they did not personally appear before the bureau and that he had no personal knowledge of whether they filed complaints.

Under questioning from Senator Erwin Tulfo, however, Calilung explained that the NBI has the authority to investigate threats against top government officials even without a formal complaint if investigators find sufficient evidence.

"Ang basis namin doon, Your Honor, is 'yung primary objective namin to investigate cases to the threat to the President, Vice President, Senate President, Supreme Court, and if we found that the evidence is enough, that there is a crime committed, we will file a case because that's the output of our investigation, sir," he said.

Asked whether the bureau could proceed without a complaint from the alleged victims, Calilung answered, "We submitted it, sir, even without a complaint in the preliminary investigation, sir."

He also told the impeachment court that the investigation began after he received instructions from his executive officer following Duterte's online media briefing on Nov. 23, 2024.

"It all started, I received a phone call, sir, from my executive officer that there is a video wherein there is a statement given by the vice president which is classified as threat and I was tasked and assigned to investigate the case, sir," Calilung said.

The NBI agent added that investigators also sought to look into Duterte's own claim that her life was under threat by inviting her to the bureau.

"It is included in our letter to the vice president, Your Honor. That's why we're inviting her to proceed to our office to investigate the threats to her life," he said.

Throughout his testimony, Calilung also discussed his qualifications as a digital forensic investigator, his training in cybercrime and video authentication, and the methods used by the NBI to identify, preserve, and verify electronic evidence presented before the impeachment court.

After the defense completed its cross-examination, House prosecutors decided to waive a redirect examination, saying there was no need to ask additional questions.

House prosecution counsel Amando Virgil Ligutan said the panel believed the defense had failed to undermine the key points of Calilung's testimony.

"Yes, Your Honor, I said for the utter failure of the respondent to debunk the material points testified to by the witness yesterday," Ligutan told the court.

Defense lawyer Narvasa objected to the statement and asked that it be stricken from the record. However, Senate impeachment court presiding officer Francis Escudero deferred a ruling, saying the matter would first be verified against the official journal.

Following the hearing, House prosecution spokesperson and adviser Robert Ace Barbers said Calilung's testimony remained intact despite hours of questioning from the defense.

"Nakita po natin dito sa Day 3 ng impeachment trial na kung saan ay nagkaroon ang cross-examination ay hindi po natibag o hindi nabutasan ang testimonya na inilatag, binigay ng ating witness na si Agent Mark Calilung," Barbers said.

House prosecutor Rep. Ysabel Maria Zamora echoed the same assessment, saying the prosecution was satisfied with Calilung's answers and saw no need for redirect examination.

"That's why our prosecution decided or we decided not to conduct any redirect examination anymore," Zamora said.

With Calilung excused from the witness stand, the prosecution concluded the testimony of its first witness and is expected to present additional evidence and witnesses when the impeachment trial resumes.