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On Day 3 of Vice President Sara Duterte’s impeachment trial, the defense questions the credentials and credibility of the NBI agent who investigated the video of her alleged threat against President Bongbong Marcos


The defense also challenges the agent’s knowledge of the case and the accuracy of the transcript submitted as evidence.


It presents footage from the November 2024 online press conference, showing Duterte’s emotional Chief of Staff, Atty. Zuleika Lopez, arguing it provides context for the Vice President’s remarks.


Sandra Aguinaldo reporting live from Senate.


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Transcript
00:00Thank you so much for joining us.
00:30...nang sinabit niyang transcript ng online press con kung saan nagarap ang umunoy pagbabanta.
00:35Ipinalabas din ang depensa ang bahagi ng online press con noong November 2024 kung saan nakita ang emosyonal na chief
00:44of staff ni Duterte na si Atty. Zuleyka Lopez bilang konteksto raw ng mga salitang binitawan ng bise.
00:52At mula po sa Senado, nakatutok live si Sandra Aguinaldo.
00:56Sandra!
00:59Mel, Emil, Vicky, day 3 na nga po ng impeachment trial pero isang witness pa lang po ang naisasalang.
01:07At dito po sa ginawang cross-examination ay sinubukang tibagin ng depensa ang kredibilidad ng witness ng prosekusyon.
01:20Sa cross-examination sa witness ng prosekusyon na si John Mark Kalilong, senior agent ng National Bureau of Investigation, sinubukan
01:28ng depensa na kwestyonin ang kanyang kredibilidad.
01:31Si Kalilong ang nag-imbestiga sa video ni Vice President Sara Duterte na ayon sa prosekusyon ay pagbabanta sa buhay
01:40ng Pangulo, First Lady at dating Speaker.
01:42My question is, if you know, did the President file any criminal complaint against the Vice President?
01:50I have no personal knowledge, sir.
01:52Did the First Lady, Lisa Aroneta Marcos, file any criminal complaint against VP Sara?
01:57I have no personal knowledge.
01:58How about the Speaker, Martin Romaldis?
02:01Did he file any criminal complaint against VP Sara as a result of the November 23, 2024 online press conference?
02:08I have no personal knowledge.
02:11Did you really investigate this case?
02:13With Ron, Your Honor.
02:14With Ron.
02:15With Ron.
02:16Sa pagtatanong ng depensa, sinabi rin ni Kalilong na hindi kinuna ng NBI ng affidavit ang Pangulo at ang iba
02:23pang kasama niyang sinasabing pinagbantaan.
02:26Ilang personalidad lang daw ang nakuna nila ng affidavit dahil mga pangalan nila ang nakita sa video.
02:33Nagtanong si Senator Judge Allan Peter Cayatano sa witness.
02:36In your reports, did you characterize it as a conditional threat?
02:41Kasi kung hindi naman siya pinatay, the logical implication is that there's no threat against the...
02:47So I'm not saying it's not illegal, immoral to contract a killer.
02:52It wasn't a conditional in your mind?
02:55Because may kinausap na.
02:58Even with or without, sir, it's still considered a threat.
03:01But your initial assessment, personal mo as an investigator, this is an investigation of the whole NBI, but yung personal
03:07mo?
03:08The threat is absolute, sir.
03:17Ilan pa sa kinuwestiyon ng Depensa ang umunoy hindi tugmang transcript ng video mula sa NBI.
03:23Yeti Kalilong, tama ang transcript.
03:26Gaya ng ginawa ng prosekusyon,
03:28tinalaki ng Depensa ang sinasabing video ng pagbabanta ng BSE noong November 2024.
03:33Ipinalabas ang bahagi ng video kung saan emosyonal na nagsasalita ang chief of staff ni VP Sarah na si Zulayka
03:42Lopez
03:42na nakadete na noon sa kamera matapos ipakontempt ng House Committee on Good Government
03:48na nag-iimbestiga sa paggamit ng BSE ng confidential funds.
03:52To transfer me to the women's correctional in the dead of the night.
03:57I mean, bakit ganoon?
03:59Wala na bang rights yung mga tao?
04:01No, you just keep your room and then just get...
04:05My life is being threatened.
04:09And if you know, I'm sure you saw in the evening that my back hurts.
04:13I cannot parang lift everything.
04:18I cannot.
04:19But dahil natakot ako, I feared for my life.
04:23Tinanong ni Sen. Riza Ontiveros ang Depensa kung ano ang punto nito sa pagpapalabas ng video.
04:29Sinasabi po ba ng Depensa na yung mga alleged threats o alleged incitements ni VP Duterte ay prompted nung detention
04:43ni Attorney Lopez?
04:44Yes, Your Honor.
04:46There was a systematic oppression made by the House of Representatives.
04:51Even if she was answering the questions faithfully and to the best of her ability,
04:58she was cited in contempt, detained.
05:03Her lawyer was not allowed to be with her when they were trying to detain her in the women's correctional
05:15facility, Your Honor.
05:16So, Mr. Presiding Officer, counsel for the defense,
05:23a position po ba ng Depensa na pwedeng palampasin ang alleged grave threats
05:31kung may masasabing lehitimong dahilan para magbanta?
05:39Your Honor, that is not the point.
05:41Nagpaalala naman si Escudero.
05:43I would like to remind Senator Judges to be cautious in making counsels for either party
05:51make conclusions of law and fact.
05:53Instead of presenting evidence through a witness they will present
05:56or through direct, cross, redirect or recross.
06:02Because if he answers, Senator Judges and De Veros,
06:06that would effectively place on record a conclusion of fact and law,
06:09not drawn from a witness, which they can very well do so during their closing remarks.
06:15Pinresenta rin ang Depensa ang ilang dokumento na nagpapakita
06:19sa ilang komunikasyon ng DOJ sa NBI,
06:21kaugnay sa investigasyon ng kaso.
06:24Kaya hirit ang Depensa.
06:25The NBI investigated and filed the complaint.
06:29The DOJ directed the investigation and will determine whether the case should proceed to court.
06:36And the alleged offended party, President Marcos,
06:40is the constitutional head of the executive branch
06:43exercising control over both the DOJ and the NBI.
06:56Kung kahapon panay-object ng Depensa,
06:58ngayon panay-object din ang prosecution.
07:01The NBI, of course you're from the NBI,
07:04is under the Department of Justice.
07:07Yes, sir.
07:07Your Honor, we can take judicial notice of that.
07:10Your Honor,
07:12I'm uncrossed, Your Honor.
07:13I know, but there are things that may not be discussed.
07:15Your Honor, please.
07:18Counsel, let's give him some latitude.
07:21Although we can't take judicial notice of that,
07:24it's part of his cross-examination.
07:26Yes, thank you, Your Honor.
07:27The Secretary of Justice is meanwhile the head of the DOJ.
07:31Correct?
07:32Yes, sir.
07:33The Secretary of Justice exercises control and supervision over the NBI.
07:39Yes, but even without...
07:41No, no more questions.
07:42Yes, sir, no, Mr. Witness, if you know.
07:47Can you repeat, sir?
07:47Mr. Witness?
07:48The Secretary of Justice exercises control and supervision over the NBI.
07:53Yes or no?
07:55We are under, sir.
07:57But we're independent.
07:59So you do not know?
08:00Oh, Your Honor, that's argumentative.
08:02So you do not know?
08:03You claimed in your affidavit, sir, that affidavit of investigation,
08:10that the NBI began its investigation into the VP's remarks
08:13because it was directed by the DOJ to do so.
08:18Motoproprio indirect, sir.
08:20Okay.
08:23Do you understand what you just said, sir?
08:25Oh, oh.
08:26Can I object to that, Your Honor, please?
08:29I'm asking, sir.
08:30It makes sense, sir.
08:30Argumentative, counsel.
08:32Move on.
08:33Motoproprio, sir, means?
08:36Oh, no.
08:36Objection.
08:37You cannot lecture, counsel.
08:38This is cross-examination.
08:40You mentioned mutoproprio.
08:41What does it mean?
08:43Even without a complainant, we started the investigation, sir.
08:47Are you sure, sir?
08:48Oh, argumentative.
08:49Are you sure, sir?
08:50Kaya kinailangang mag-refery minsan ng presiding officer.
08:54Counsel, again, the witness is not a newbie.
08:57I think he can handle himself and would know how to answer
09:01if indeed he is familiar or not with what is being presented to him.
09:05And thus far, he has responded based on his knowledge of these documents.
09:10Chair, we'll allow it.
09:17Vicky, matapos nga ang pagdinig,
09:19o matapos ang cross-examination,
09:22ay tinapos na yung pagdinigayong araw na ito
09:24at magpapatuloy po ito sa lunes.
09:27Vicky?
09:28Maraming salamat sa iyo, Sandra Aguinaldo.
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