By Benjamin Cuaresma
MANILA — Lawyers for Vice President Sara Duterte on Tuesday pressed National Bureau of Investigation (NBI) Cybercrime Division chief Jeremy Lotoc over what they described as errors in the bureau’s affidavit of investigation, questioning its credibility and the legal basis for the recommended charges.
During cross-examination before the Senate impeachment court, defense counsel pointed to page 13 of the NBI affidavit, where the document listed one count of inciting to sedition and three counts of grave threats. Lotoc acknowledged that part of the document contained a typographical error.
The defense argued that such inaccuracies undermined the integrity of the investigation and raised due process concerns.
Lotoc, however, maintained that the clerical mistake did not affect the substance of the case.
“These typographical errors do not alter the fact that the video exists, do not alter the fact that the Vice President uttered those statements, and do not alter the findings of the NBI that the crimes of grave threats and inciting to sedition were committed,” he testified.
The defense also questioned the NBI’s recommendation to file inciting to sedition charges, emphasizing that more than a year had passed since Duterte’s statements without any attempt to overthrow the government.
Counsel repeatedly asked whether the government or any government agency had actually been overthrown following the Vice President’s remarks.
Lotoc consistently answered that no actual overthrow is required for the crime of inciting to sedition.
“It is not necessary,” the NBI official replied when asked whether the government had been overthrown as a consequence of the Vice President’s speech.
Defense lawyers then presented a news article purportedly containing statements from Palace Press Officer Claire Castro in an effort to challenge portions of the NBI’s findings.
Before the document could be discussed, prosecution counsel objected, arguing that the news article had not yet been authenticated and therefore lacked the proper evidentiary foundation.
Presiding Officer Sen. Chiz Escudero allowed the document to be marked for identification while noting the prosecution’s objection, permitting the defense to continue its cross-examination.
The hearing then shifted to another section of the NBI’s affidavit as the defense continued questioning the bureau’s methodology and legal conclusions in its investigation of Vice President Duterte.
ia/xf
