Private prosecutor Lorna Kapunan said the House prosecution has more evidence and witnesses to present against Vice President Sara Duterte, rejecting defense claims that the panel has failed to establish its case in the impeachment trial.
Following the fifth day of proceedings, Kapunan said the prosecution had already presented competent witnesses and documentary evidence under Article IV, which covers Duterte’s alleged grave threats, and was prepared to call additional witnesses as the trial progressed.
“They said you don’t have evidence, but that is — those are words. These two credible witnesses, competent witnesses, are not evidence? And there will be more coming,” Kapunan said.
The prosecution has so far presented National Bureau of Investigation Senior Agent John Mark Calilung and NBI Regional Director Jeremy Lotoc.
Calilung testified about the authentication of the video containing Duterte’s alleged threats, while Lotoc discussed the NBI investigation that led the agency to file a criminal complaint against the Vice President.
Kapunan said Calilung explained the process used to authenticate the electronic evidence, testified that the video was not generated using artificial intelligence and established its provenance.
She said the prosecution had also introduced 19 documentary exhibits, while dozens of other documents were identified as attachments to the NBI investigation report.
According to Kapunan, the authenticity of the Nov. 23, 2024 video is no longer disputed because the defense itself used portions of the footage during cross-examination to provide context to Duterte’s statements.
The defense sought to link the remarks to the detention of Duterte’s chief of staff, Atty. Zuleika Lopez, at the House of Representatives.
Kapunan said the dispute had instead shifted to the meaning of the Vice President’s statements, with the defense arguing that the remarks were a response to the situation and did not constitute a threat.
“The statement made by the vice president during that press conference that she did hire someone to kill. If that is not grave threats, then what is it?” Kapunan said.
She stressed that the impeachment case is separate from the criminal complaints pending before the Department of Justice, where Duterte faces allegations of sedition and grave threats filed by the NBI.
During cross-examination, the defense argued that questions involving the alleged threats should be resolved before the Metropolitan Trial Court or Regional Trial Court, where criminal liability is determined.
Kapunan maintained that the statements could still constitute an impeachable offense regardless of the outcome of the criminal proceedings. She said the Senate impeachment court must determine whether Duterte remains fit to serve as Vice President.
“We are talking about fitness,” Kapunan said.
“A public official who makes statements like that, who has shown her emotional instability, who has shown how she can, she can and is capable of carrying out her threats — what is that?” she added.
Kapunan said the prosecution remained confident in its witnesses and evidence, noting that much of the material had been publicly available since last year and was also presented during the House Committee on Justice’s impeachment proceedings.
She said the defense had yet to present testimonial or documentary evidence rebutting the prosecution’s case.
According to Kapunan, the defense had largely focused on typographical errors in the NBI investigation report without addressing the substance of the allegations.
“All the evidence of the prosecution is transparent. What is not transparent here is the evidence of the defense because ang sabi nila they will not participate in the house hearings because this is the proper venue,” she said.
“But so far we have not seen any evidence coming from the defense,” Kapunan added.
The prosecution earlier removed Lopez and House Legislative Security Bureau Executive Director Capt. Belinda Bello from its witness list under Article IV, saying their testimonies had become unnecessary or merely corroborative after the evidence presented during the first five trial days.
With oral arguments scheduled for the seventh day of proceedings, Kapunan said the prosecution would review its remaining witnesses before submitting another notice to the impeachment court next week.