Working DraftImpeachment Trial of Vice President Sara Duterte
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Session digest

July 13, 2026

A concise guide to the day’s testimony, arguments, rulings, evidence, and unresolved matters, with every item linked to the source video.

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01

Chronology

Before testimony began, the prosecution asked to present NBI Director Melvin Matibag the next day because of an overseas law-enforcement summit. After objections about notice and preparation, the chair deferred a ruling and requested Matibag's letter and any travel authority for court review.

Before cross-examination, Senator-Judge Alan Peter Cayetano made a manifestation distinguishing the recorded phrase that the Vice President had spoken to someone from the prosecution's characterization that she had contracted an assassin. The chair expressly noted that this was a manifestation, not a question, and then recognized respondent's counsel for cross-examination.

02

Court rulings and directions

For the October 18 video, the chair directed counsel for both sides to verify together that the USB played was the same previously marked exhibit. For the November 23 video, the court ordered supervised unsealing in the witness's presence and with defense counsel observing.

When prosecution counsel asked whether the Vice President committed a crime, the chair sustained the objection and reformulated the question to ask only whether the NBI had prima facie evidence sufficient to file a complaint, expressly distinguishing that threshold from a judicial determination that an offense was committed.

During cross-examination, the chair allowed questions about documents included in the prosecutors' complaint when Lotoc had personal knowledge, but sustained an objection to questions about a Justice Department document and said a DOJ witness would be needed.

The chair sustained an objection when defense counsel asked whether a date discrepancy demonstrated that a document had been tampered with and directed counsel to move to the next topic. The ruling did not establish either tampering or authenticity.

Without objection, the court approved a subpoena for Director Matibag to appear at 2 p.m. on July 20. If his testimony was not finished that day, it would continue on a later trial date through cross-examination, redirect, and any recross.

03

Senator-judge interventions

Imee Marcos questioned how an NBI subpoena dated November 6 could precede the November 23 instruction to investigate. Lotoc said the November 6 date was a typographical error.

Alan Peter Cayetano distinguished Duterte's recorded statement that she had spoken to someone from the prosecution's separate allegation that she had contracted an assassin, noting that the words 'assassin' and 'contracted' did not come from the recorded statement itself.

Raffy Tulfo observed that the receiving office, rather than Lotoc, appeared to be the proper witness to explain errors in the investigation data form.

04

Prosecution position

In its offer, the prosecution said Lotoc would explain the NBI's conclusion that the alleged threats were serious and real, the resulting filing of complaints alleging three grave-threats counts and one inciting-to-sedition count, and the related documentary and video material. This was the prosecution's account of the NBI result, not a court finding.

When the defense objected to the word 'assassin,' the prosecution responded that the Philippine National Police and Presidential Communications Office had used the term and said that was its basis. The exchange did not establish that the Vice President herself had used that word.

In the annex dispute, the prosecution maintained that most annexes referenced by the investigation affidavit were already in the Senate record as separately premarked documents.

The prosecution argued that the NBI had complied with the requirements identified after its first submission and that the February 10 affidavit addressed those requirements; it objected to extended questioning about the earlier submission as irrelevant.

The prosecution argued that whatever the DOJ or regular courts might later do with the NBI complaints would not decide the separate impeachment question whether the alleged conduct amounted to betrayal of public trust.

05

Defense position

The defense disputed attributing the word 'assassin' to the Vice President and objected that prosecution questioning presented that characterization as her own language.

The defense emphasized that the Justice Department initially described the January 30 NBI referral as insufficient for preliminary investigation and requiring case build-up, then questioned how added materials and a later affidavit changed the first submission.

The defense challenged the referral's documentary chronology through questions about receiving dates, docket markings, and added affidavits. Counsel sought to determine whether documents had been altered, if at all; the session produced no court finding of alteration or tampering.

The defense emphasized that the NBI recommendation did not bind the Justice Department or the courts. Lotoc agreed that it was a recommendation and said the DOJ would assess it. He understood the referral to remain in preliminary investigation and said the NBI had received no further DOJ update; no DOJ charging resolution or criminal-court adjudication was introduced in the sitting.

06

Witnesses and evidence

Lotoc said the NBI assessed the recorded statements through their delivery, addressees, relationships, and recipients' reactions and considered intent, capability, and motive. These were the bureau's investigative judgments, not findings adopted by the court.

Lotoc said the Cybercrime Division did not investigate whether anyone had actually been instructed or engaged to carry out a killing and that the NBI director or intelligence service was better positioned to address that subject.

Lotoc said the NBI also began an inquiry into an alleged threat against the Vice President, but the chair observed that the displayed subpoena and letter did not expressly request evidence about such a threat. Lotoc clarified that the subpoenas concerned grave threats and inciting to sedition and said he knew of no Cybercrime Division report on the separate alleged threat.

Lotoc understood the NBI referral to remain in preliminary investigation and said the bureau had received no further Justice Department update. He described the NBI's findings as recommendations submitted for DOJ evaluation rather than binding adjudications.

07

Notable quotations

Lotoc described his investigative assessment: "To me, as the chief investigator at that time, the utterance as made by the Vice President was serious."

On the Cybercrime Division's separate inquiry into an alleged threat against the Vice President, Lotoc said: "Unfortunately, the Vice President did not appear. So wala ho kaming makitang pagsisimulan na imbistigahan."

Explaining the NBI-to-DOJ handoff, Lotoc said: "Kung ano yung findings ng NBI, kung anong recommendation, sinasubmit po namin ito sa Department of Justice."

08

Still unresolved

The session did not resolve whether inconsistent dates and docket numbers reflected an error or alteration. Those remained defense questions opposed by the prosecution, with no tampering finding by the court.

The interview records reflected questions focused on one recorded statement, but the session did not establish exactly what video each interviewee was shown. Lotoc maintained that the NBI authenticated and reviewed the complete recording and that the interviewees had participated in the full press conference.

The defense said evidence about the alleged Operation Romanov threat would form part of its case but had not identified the witnesses or presented that evidence in this sitting.