National Bureau of Investigation (NBI) Senior Agent John Mark Calilung told the Senate impeachment court on Wednesday that the NBI may conduct investigations and submit cases for preliminary investigation even without a complaint from the alleged offended parties.
Calilung made the statement during cross-examination in the impeachment trial of Vice President Sara Duterte, where he was questioned over the bureau’s investigation into her alleged threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker Martin Romualdez.
Defense counsel Carlo Narvasa asked why the NBI pursued the probe even though the supposed offended parties did not file a complaint before the agency.
The questioning was based on the NBI report on Duterte’s alleged grave threats during her virtual press conference on November 23, 2024.
Sen. Paolo Benigno “Bam” Aquino, citing the NBI report, noted that only the NBI executed an affidavit in connection with the alleged grave threats.
“In this instant complaint, only the NBI executed an affidavit, there was no participation on the part of the offended party. As it appears, the NBI is not the offended party of the crime of grave threat,” Aquino said.
Calilung said the NBI had the authority and duty to investigate such matters, especially when threats involve the country’s highest officials.
“There is an explanation, Your Honor, that was included in the letter of former (NBI) director Judge Jaime Santiago, sir, wherein in the filing for preliminary investigation, it is not required for the victim to execute a complaint-affidavit, sir,” Calilung said.
“We received a certification, Your Honor, that our evidence is enough for preliminary investigation,” he added.
Aquino later asked the prosecution panel whether it would present other witnesses regarding the alleged hitman supposedly hired by Duterte. Prosecution counsel Amando Virgil Ligutan answered in the affirmative.
“As to the alleged hitman, Your Honor, please, yes,” Ligutan said.
Calilung said Section 4 of Republic Act No. 10867, or the NBI Reorganization and Modernization Act, authorizes the bureau to investigate crimes, particularly those committed against the President and other high-ranking government officials, especially when national security concerns are involved.
Sen. Erwin Tulfo then asked whether the NBI automatically files charges against individuals who threaten the President and other top officials.
“Ang basis namin doon, Your Honor, is yung primary objective namin to investigate case 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,” Calilung replied.
Calilung said the NBI may also file cases even if the offended party does not initiate the complaint.
“We submitted it, sir, even without a complaint for preliminary investigation, sir,” he said.
Sen. Raffy Tulfo later questioned Calilung about his expertise in social media analytics and artificial intelligence after the defense presented portions of Duterte’s more than two-hour November 23, 2024 press conference, where the alleged threats were made.
Calilung said that, based on his knowledge and experience, the video did not appear to be AI-generated. He noted that the video lasted more than two hours, while AI-generated videos are typically shorter.
He also said public reactions to Duterte’s video were mixed, with some netizens supporting the Vice President and others calling for “People Power.”
NBI Agent Jeremy Lotoc, who was also expected to testify on the alleged grave threats against Marcos, Araneta-Marcos, and Romualdez, was not present during the proceedings.
Presiding Officer Francis Escudero then issued a subpoena directing Lotoc to appear at the next hearing on Monday, July 13.
Escudero adjourned the trial at 4:57 pm. Proceedings are set to resume on Monday at 2 pm.