Rep. Defensor's opening statement as prosecution presents witnesses for VP's 'grave threat'

[00:00:00] The Honorable Defensor is recognized. You may proceed, sir. [00:00:03] Thank you so much, Your Honor. [00:00:05] Honorable Senator Judges, [00:00:08] knowing the 22nd of June 20, 2026, [00:00:13] the whole country was angry and brought up the whole world [00:00:16] in the evening of a study. [00:00:20] Sorry, excuse me. [00:00:21] Your Honor, may I be allowed to finish my manifestation? [00:00:24] I will not disrespect and interrupt the Defense Council once he has started. [00:00:28] This is no disrespect, sir. [00:00:30] Counsel for Respondent is recognized. [00:00:32] Thank you, Your Honor. [00:00:33] Your Honor, this is improper for trial. [00:00:37] This is not a manifestation proper for court procedure. [00:00:41] This is instead them telling a story. [00:00:43] This is a narration by the prosecution, [00:00:46] which is not allowed by any rule in any court. [00:00:50] So what is proper is that they present their first witness. [00:00:54] We will be presenting our witness, Your Honor. [00:00:56] However, please allow us to freely advocate our position, [00:01:00] including the Defense when it's their turn. [00:01:03] We will not object to the same. [00:01:05] Counselor Respondent, kindly let him finish. [00:01:06] Thank you, Your Honor. [00:01:06] Thank you so much, Your Honor. [00:01:07] I will respond to you. [00:01:09] Yes, you were saying. [00:01:10] Thank you, Honorable Senator Judges. [00:01:12] No, no, no. [00:01:14] Honorable Senator, kindly finish your reply to the objection of Counsel for Respondent. [00:01:19] Allow us to freely advocate our positions through the proper and respectful discourse. [00:01:28] This is not prohibited under the rules. [00:01:30] In fact, the court has declared that yesterday, the rules will not comply with the strict procedures of a judicial proceeding. [00:01:39] Every article is a separate complaint, and it would be the proper guidance for the Senator Judges, [00:01:46] especially for our Filipino-Pilipino that we watch, so that they will always make sure they present our evidence. [00:01:53] The impeachment is a sui generis. [00:01:58] Sui generis, because it's different, it's not judicial, administrative, civil, or criminal proceeding. [00:02:04] Your Honor, may I respond. [00:02:16] The presiding officer should rule. [00:02:20] Although indeed we will interpret the rules liberally, and although indeed this is a sui generis proceeding, [00:02:27] neither will we allow any dilatory moves and or tactics, [00:02:31] and I will bind and hold you to your five minutes, Honorable Defensor. [00:02:35] Absolutely, Your Honor. [00:02:36] And we will clock it. [00:02:37] We will afford the same opportunity to the Counsel for Respondents when their turn arrives. [00:02:42] Thank you, Your Honor. [00:02:43] May I proceed, Your Honor? [00:02:44] You may proceed. [00:02:45] Honorable Senator Judges, [00:02:46] Noong ikadalawampunt dalawa ng Junyo, 2026, nagulat at nagdalamhati ang buong bansa sa pamamaril sa isang paaralan sa Tacloban City, [00:02:57] na ikinasawi ng tatlong batang mag-aaral at ikinasugat ng marami pang iba. [00:03:04] Ang mga salarin, mga minor di edad, sa kabila ng kanilang murang edad, agad na pumilos ang mga otoridad upang ipatubad ang mga umiiral na batas. [00:03:17] Ang mensahe ay malinaw. [00:03:20] Ang pagpigiging bata ay hindi nangangahulgang walang pananagutan. [00:03:26] Ang pananagutan ay umiiral, pagamat iba ang paraan ng pagpapatupad nito sa ilalim ng batas. [00:03:35] Kamakailan, isang pasahero ang inaresto sa airport at kinasuhan, matapos itong magbiro na may bomba sa kanyang bagahe. [00:03:44] Dahil mahigpit na ipinapatupad ng mga otoridad ang patakarang Zero Tolerance Policy. [00:03:52] Sa anumang pagbabanggit ng bomba o anumang pampasabong. [00:03:58] Sa isang hiwalay na pangyayari noong Mayo, 2020, [00:04:02] isang public school teacher ang inaresto, pinusasan at kinasuhan ng NBI sa Zambales, [00:04:10] matapos magbiro na magbibigay ng pabuya sa sino mang papatay sa Presidente ng Republika. [00:04:17] Ano ang prinsipyo dito? [00:04:19] Ang pananagutan ay pinapairal sa lahat, bata man o matanda, nasa laylayan man o nasa katungkulan. [00:04:30] The prosecution comes before you today to present evidence for Article 4, [00:04:36] establishing that Vice President Sarah Zimmerman Duterte [00:04:40] committed acts that betrayed the public trust, [00:04:44] committed culpable violation of the Constitution, [00:04:48] committed high crimes, [00:04:49] in publicly admitting through a live broadcast that she contracted someone to assassinate the President, [00:04:58] the First Lady, [00:04:59] and the former House Speaker. [00:05:02] We acknowledge the burden of this trial on the Senator Judges as well as the Filipino people, [00:05:09] but it is a duty that we must discharge together, [00:05:13] lest the public come to believe that threatening public officials [00:05:17] and fostering a culture of impunity or conduct that may be tolerated or condoned, [00:05:25] especially coming from the second highest official of the land. [00:05:31] Ang mga kilos at salita ng Vice Presidente ay hindi dapat ituring na simple increment sa ilalim ng batas, [00:05:39] kundi tuwirang paglabag sa saligang batas. [00:05:44] Kaya ang paglilitis na ito ay mahalagang mekanismong itinakda upang tiyakin [00:05:51] na ang kapangyarihan ay laging may kaakibat na pananagutan. [00:05:56] Accountability must apply to all or none at all. [00:06:01] At the heart of this impeachment proceeding lies a fundamental question para sa ating lahat. [00:06:08] Can we continue to entrust one of the highest constitutional offices to a public official [00:06:14] who on multiple occasions purposely and willfully and repeatedly [00:06:21] resorted to threats of violence against the very institutions that she swore to uphold and protect? [00:06:28] The evidence presented in this article are not just derived from testimonies and authenticated documents, [00:06:35] but from the Vice President's own words, own conduct, her very own public admissions. [00:06:43] Her words were neither accidental nor taken out of context. [00:06:48] They were uttered publicly with the intention to be taken seriously. [00:06:55] Huwag kang mag-alala, ma'am, sa security ko, kasi may kinausap na ako na tao. [00:07:00] At sinabi ko sa kanya, na kapag pinatay ako, patayin mo si BBM, si Lisa Marcos, si Martin Romualdez. [00:07:10] No joke. No joke. [00:07:13] What makes these threats especially sinister is that they do not come from an ordinary citizen, [00:07:19] but from the Vice President herself, [00:07:22] an official who under the Constitution stands to succeed the President of the Republic. [00:07:28] Such statements carry a gravity far from the exercise of one's freedom of expression. [00:07:35] They strike at the very heart of government. [00:07:38] This is especially significant given that she has publicly declared her intention [00:07:43] to run for President in the next election. [00:07:47] What values do we expect from those who occupy the highest office in the land? [00:07:55] Telecadesa, palabra de honor, integrity, and loyalty to your oath of office. [00:08:01] These are not outdated ideals. [00:08:04] They are the foundations of honorable public office. [00:08:07] The remarks of the gentleman are duly noted. [00:08:16] However, Chair would like to inform and instruct the Senator judges [00:08:19] that the statement and manifestation made by the honorable defensor [00:08:23] should not in any way be taken as evidentiary [00:08:26] because it was merely a manifestation cum introduction of the fourth article of impeachment. [00:08:32] Any evidence to be presented proving the fourth article of impeachment [00:08:35] should be done through a witness under oath, [00:08:40] surely subscribed, and subjected to direct and cross-examination. [00:08:45] Call your first witness. [00:08:45] Your Honor, may I be allowed also to? [00:08:48] Your Honor, we move to strike that opening statement. [00:08:52] It's improper for trial. [00:08:55] It is not evidentiary in nature. [00:08:59] And it only provides conclusions of fact and law. [00:09:04] Most of it is irrelevant. [00:09:06] And fact of the matter is the prosecution should present evidence [00:09:13] and not manifest in this improper manner. [00:09:17] May I be recognized, Your Honor? [00:09:19] No need. [00:09:21] Motion is denied. [00:09:22] Let it remain in the records and as instructed by the Chair [00:09:25] for the Senator judges not to consider, [00:09:28] deem whatever statements were given by the honorable defensor [00:09:30] as evidentiary in any way, shape, size, or form. [00:09:34] Again, counsel, call your first witness. [00:09:36] Your Honor, may I request permission [00:09:38] to recognize counsel for the panel of prosecutors, [00:09:42] Attorney Virgil Ligutan, [00:09:44] to conduct the examination of our first witness. [00:09:47] He will be under the direct suspension and control [00:09:50] and control of the panel of prosecutors. [00:09:51] Your Honor, may I register my continuing objection [00:09:55] to the opening statement by the prosecution? [00:10:00] Well, I don't think he'll do it again, [00:10:02] but nevertheless, so noted. [00:10:03] Thank you, Your Honor. [00:10:04] Your Honor may request [00:10:05] that Attorney Virgil Ligutan be recognized [00:10:07] to conduct the examination of our first witness. [00:10:10] Counsel for Prosecutors, [00:10:14] Attorney Virgil Ligutan, [00:10:17] so that we can have the records clear. [00:10:20] Did I pronounce your name correctly, sir? [00:10:23] Your Honor, [00:10:23] my full name is [00:10:26] Attorney Amanda Virgil [00:10:29] Discarting Ligutan, Your Honor, [00:10:31] please. [00:10:32] And you've entered your appearance yesterday, [00:10:34] Pastor? [00:10:34] Yes, Your Honor. [00:10:35] Julie entered my appearance [00:10:36] as one of the counsel for the prosecution. [00:10:39] You may proceed, sir. [00:10:40] Call your first witness. [00:10:42] Thank you so much. [00:10:44] Mga kababayan, [00:10:45] we call to the witness stand [00:10:47] the first witness for the prosecution [00:10:52] in the person of NBI Senior Agents [00:10:56] Jean-Marc Santa Ana Calilog. [00:11:03] Kindly bringing the witness to the witness stand. [00:11:05] Please remain standing. [00:11:20] Clerk of court is instructed [00:11:21] to kindly administer the oath to the witness. [00:11:24] Please raise your right hand. [00:11:26] You, John Mark Calilog. [00:11:28] I, John Mark Calilog. [00:11:29] Do swear? [00:11:30] Who swear? [00:11:31] That the evidence you shall give? [00:11:32] The evidence that I'll give. [00:11:34] In the case now pending? [00:11:35] It's in the case now pending. [00:11:37] Between the Philippines? [00:11:38] In the Philippines. [00:11:40] And Vice President Cyrus Zimmerman Duterte? [00:11:42] And Vice President Cyrus Zimmerman Duterte? [00:11:45] Shall be the truth? [00:11:46] Shall be the truth? [00:11:47] The whole truth? [00:11:48] The whole truth. [00:11:48] And nothing but the truth? [00:11:50] And nothing but the truth. [00:11:50] So help me God. [00:11:51] So help me God. [00:11:53] Your witness counsel. [00:11:56] Thank you so much, Your Honors. [00:12:09] Your Honors, Mga Kababayan. [00:12:13] The testimony of the first witness for the prosecution, [00:12:18] NBI Senior Agent John Mark Santa Ana Calilog, [00:12:23] is offered to prove the following. [00:12:27] Number one, [00:12:29] si Agent John Mark Calilog ay isang, [00:12:32] senior agent of the National Bureau of Investigation. [00:12:37] Number two, [00:12:38] he is well-trained and experienced [00:12:42] in the field of digital forensic examination, [00:12:47] having undergone extensive training in the field, [00:12:51] making him competent in identifying, preserving, [00:12:58] collecting, and authenticating digital evidence. [00:13:03] Pangatlo, [00:13:04] si Agent Calilog ay bahagi ng NBI Cybercrime Division Team [00:13:12] na inatasang mag-imbestiga sa mga pahayag [00:13:16] at pagbabanta ng Vice Presidente [00:13:23] laban sa Pangulo ng Pilipinas, [00:13:26] unang ginang at dating speaker ng House of Representatives [00:13:30] sa isang online media briefing noong Nobyembre 23, [00:13:36] taong 2024, [00:13:38] pang-apat. [00:13:39] Partikular na sinabi sa publiko [00:13:42] ng Vice Presidente [00:13:45] na may kinuntrata na siyang tao [00:13:49] na papatay. [00:13:55] Napapatay sa Pangulo, [00:13:57] unang ginang at former speaker ng House of Representatives. [00:14:03] At ito ay nakatatak na sa kasaysayan ng ating bansa [00:14:07] bilang unang pagkakataon [00:14:11] na ang isang Vice Presidente [00:14:14] ay nakipagkontrata [00:14:16] sa isang mamamatay tao [00:14:20] upang patayin [00:14:24] no less than [00:14:26] the President [00:14:29] of the Republic [00:14:32] of the Philippines. [00:14:36] Pangliba. [00:14:37] Your Honor, may I object? [00:14:39] Is this a speech or an offer? [00:14:41] Your Honor, please, [00:14:42] with all due respect to Council, [00:14:44] it should not be a practice. [00:14:47] May I register my continuing objection? [00:14:50] There is no proper ground. [00:14:51] This is offer of testimony. [00:14:53] Please, please hold your horses. [00:14:54] Number five, [00:14:56] the public statements [00:14:57] and threats of the Vice President [00:14:59] were publicly live-streamed [00:15:02] and captured [00:15:03] on video. [00:15:06] Number six, [00:15:08] Agent Calilong [00:15:09] is the designated agent on case [00:15:11] for the investigation. [00:15:13] Number seven, [00:15:15] as agents on case, [00:15:18] Agent Calilong [00:15:19] personally conducted [00:15:21] and participated [00:15:24] in the cyber crime [00:15:26] and open source investigation [00:15:28] relating to the subject video [00:15:31] and related [00:15:32] digital recordings. [00:15:34] pangwalo [00:15:36] sa takbo [00:15:40] ng open source investigation [00:15:43] na pag-alaman [00:15:45] ng NBI [00:15:45] na ang vice-presidente [00:15:48] ay nagpahayag din [00:15:50] ng iba pang kahawig [00:15:53] na pananakot [00:15:55] sa buhay ng Pangulo. [00:15:57] Kasama na ang sinabi niya [00:15:59] sa publiko [00:16:00] na minsan [00:16:02] minsan naisip niyang [00:16:05] pugutan [00:16:08] pangulo [00:16:09] pangulo [00:16:11] ng ulo [00:16:11] ang pangulo [00:16:13] ng Republika [00:16:14] ng Pilipinas. [00:16:16] Number nine, [00:16:16] in the course [00:16:18] of the investigation, [00:16:20] Agent Calilong [00:16:21] duly identified, [00:16:23] preserved, [00:16:24] collected, [00:16:25] and authenticated [00:16:26] the subject video [00:16:28] and other [00:16:29] related [00:16:30] digital recordings. [00:16:32] At number ten, [00:16:33] the last offer [00:16:34] of testimony, [00:16:34] your honors, [00:16:36] Agent Calilong [00:16:37] will testify [00:16:37] on such other matters [00:16:40] as may be relevant, [00:16:42] material, [00:16:44] incidental [00:16:45] to the issues [00:16:46] involved in this [00:16:47] impeachment proceeding [00:16:48] and will identify [00:16:49] relevant [00:16:51] and material, [00:16:52] documentary, [00:16:53] and object, [00:16:54] pieces of evidence. [00:16:55] That is the offer [00:16:56] of testimony [00:16:57] of our first witness, [00:16:58] your honor, please. [00:16:59] President Calilong [00:17:00] will now hear [00:17:01] the objection [00:17:01] and her comments [00:17:02] if any of the [00:17:03] counsel for respondent [00:17:04] to the offer [00:17:05] made by counsel [00:17:07] for the persecution. [00:17:09] Your honor, [00:17:09] may we move [00:17:11] for the exclusion [00:17:12] of Agent Calilong [00:17:14] for being [00:17:17] not previously [00:17:19] attached to the [00:17:20] Sebala and Cabrera [00:17:21] complaints, [00:17:22] as well as [00:17:23] exclusion [00:17:23] on the ground [00:17:25] that he was [00:17:28] not included [00:17:29] in the articles [00:17:29] of impeachment [00:17:32] transmitted [00:17:32] to the Senate [00:17:33] impeachment court. [00:17:34] Can I respond [00:17:35] to that, [00:17:36] your honor, please? [00:17:37] Counsel for [00:17:37] Prosecutor Meduso. [00:17:39] Mga kababayan, [00:17:41] in this stage [00:17:42] of the proceedings, [00:17:43] the prosecution [00:17:43] is about [00:17:44] to present [00:17:44] a witness [00:17:45] and the defense [00:17:47] is invoking [00:17:50] the fact [00:17:50] that this witness [00:17:52] is not listed [00:17:53] as one of the witnesses [00:17:54] in the Sabalia complaint. [00:17:57] The Sabalia complaint [00:17:58] already lived [00:17:59] its natural life. [00:18:01] Your honor, [00:18:01] this is the impeachment [00:18:03] proceeding [00:18:04] of the articles [00:18:05] of impeachment [00:18:06] filed by the [00:18:08] House of Representatives. [00:18:10] Sabalia et al is done. [00:18:12] That should not be [00:18:13] a proper objection, [00:18:15] your honor, please. [00:18:16] As to the number two, [00:18:16] I think the good counsel [00:18:18] mentioned that [00:18:19] it is not part, [00:18:21] this witness [00:18:21] is not part [00:18:22] of the articles [00:18:23] of impeachment. [00:18:25] Your honor, please, [00:18:26] I have been practicing [00:18:28] for quite some time. [00:18:29] I don't see that. [00:18:31] Your honor, [00:18:31] may I allow [00:18:32] to reply also? [00:18:33] Can I finish? [00:18:35] It's not a ground [00:18:36] and in fact, [00:18:37] your honor, please, [00:18:37] to settle the matter, [00:18:40] this witness [00:18:40] is listed [00:18:42] in the pre-trial order. [00:18:45] The issue is settled. [00:18:47] The issue is passé. [00:18:48] No ground for objection. [00:18:50] Let me proceed, [00:18:50] your honor. [00:18:51] Of course not, [00:18:52] your honor. [00:18:53] There were no rulings. [00:18:54] Counselor correspondent [00:18:55] is recognized [00:18:56] for a final rebuttal [00:18:58] on this issue [00:18:58] before the court [00:18:59] before the chair [00:19:00] will issue a ruling. [00:19:01] Your honor, [00:19:01] there were no rulings [00:19:02] on the pre-trial order [00:19:03] on exclusion of witnesses. [00:19:05] We have a current petition [00:19:08] with the Supreme Court [00:19:10] questioning the very actions [00:19:11] of the prosecution [00:19:13] to allow the presentation [00:19:15] of evidence [00:19:16] that were not attached [00:19:17] to the Sabalia or Cabrera [00:19:18] in placement complaints [00:19:19] would allow [00:19:20] the House of Representatives [00:19:22] and the prosecution [00:19:23] to circumvent [00:19:24] the very procedural abuse [00:19:25] condemned in Stonehill [00:19:27] versus Jocno [00:19:27] and allow the violation [00:19:29] of the respondent's [00:19:30] constitutional rights [00:19:31] as held in Duterte [00:19:32] versus the House of Representatives. [00:19:35] Your honor, [00:19:36] the prosecution says [00:19:38] the Sabalia complaints [00:19:40] have lived there [00:19:43] and they died [00:19:44] their natural deaths. [00:19:45] However, [00:19:46] your honor, [00:19:47] this precisely [00:19:48] does not cure [00:19:50] what the prosecution did. [00:19:52] This does not cure [00:19:54] the violation [00:19:56] of the rights [00:19:57] of my client. [00:19:59] If I may, [00:19:59] your honor, [00:20:00] please. [00:20:01] The chair will make [00:20:02] its ruling. [00:20:04] The motion to exclude [00:20:06] by the counsel [00:20:06] for respondent [00:20:07] is hereby denied. [00:20:08] Chair cites [00:20:09] Enrille v. Sandigan Bayan [00:20:11] which states [00:20:11] that the prosecutors [00:20:13] may add or rely [00:20:14] on evidence [00:20:15] during pre-trial [00:20:16] even if the evidence [00:20:17] is not stated [00:20:18] in the complaint [00:20:19] or articles [00:20:19] because only a summary [00:20:21] is required to be stated [00:20:22] in the articles [00:20:23] of impeachment [00:20:24] in this case [00:20:25] and or complaint [00:20:26] and not a complete list [00:20:27] of the prosecution's [00:20:29] evidence [00:20:30] and or witnesses. [00:20:33] The court in general [00:20:34] will not shackle [00:20:35] the prosecution [00:20:35] by limiting it [00:20:36] to the evidence [00:20:37] mentioned [00:20:37] in the information [00:20:39] and or the articles [00:20:40] especially when it is mentioned [00:20:41] in the pre-trial brief [00:20:44] not only order [00:20:45] but brief [00:20:46] of the counsel [00:20:47] for persecutors [00:20:48] but in relation [00:20:50] to this witness [00:20:50] even if you will do cross [00:20:51] you can register [00:20:52] your continuing objection [00:20:53] counsel for responding. [00:20:55] We are registering it [00:20:56] your honor, please. [00:20:57] So noted [00:20:57] counsel for the prosecution [00:20:58] may proceed. [00:20:59] Thank you so much [00:21:00] your honor. [00:21:01] John Mark Calilong. [00:21:02] Your Honor may I register [00:21:03] my objections [00:21:04] to the purposes. [00:21:07] Your Honor please [00:21:08] I think the purposes [00:21:09] must be specified [00:21:10] what are your objections [00:21:11] on what grounds? [00:21:12] May I be allowed? [00:21:12] You may comment [00:21:13] on the offer [00:21:13] of the testimony [00:21:15] of this witness [00:21:16] for the record. [00:21:17] Your Honor [00:21:17] for the purpose number three [00:21:19] this is a conclusion [00:21:21] of fact and law [00:21:21] for the fourth purpose [00:21:25] it is also a conclusion [00:21:27] of fact and law [00:21:27] and the eighth purpose [00:21:29] it is a conclusion [00:21:30] of fact and law. [00:21:31] Mr. President [00:21:32] Council for [00:21:33] Respondent [00:21:35] before we [00:21:36] yes [00:21:37] Senator Judge [00:21:38] Cayetano [00:21:39] Pia [00:21:40] I would just like [00:21:41] the defense [00:21:42] when you say [00:21:43] item number three [00:21:45] can you repeat [00:21:46] what it is [00:21:46] because I'm trying [00:21:47] to follow [00:21:47] exactly what [00:21:48] your objection is [00:21:49] so either you say it [00:21:51] or he repeats it [00:21:52] so we can follow. [00:21:53] I was about to do that [00:21:53] actually [00:21:54] thank you [00:21:54] item number three [00:21:57] in the offer [00:21:58] of this witness [00:21:59] is that the NBI [00:22:01] agent being presented [00:22:02] is part of its [00:22:04] cyber crime unit [00:22:05] that investigated [00:22:06] this matter [00:22:08] that's what you're [00:22:11] referring to [00:22:12] as a conclusion [00:22:12] of law council [00:22:13] sorry [00:22:14] number four [00:22:15] number four [00:22:16] your honor [00:22:16] yes [00:22:17] not number three [00:22:17] so number four [00:22:19] and what else [00:22:20] number eight [00:22:20] your honor [00:22:21] number eight [00:22:25] on other threats [00:22:26] other than the [00:22:27] video mentioned [00:22:28] in the press briefing [00:22:29] yes [00:22:29] yes your honor