NBI agent: VP Sara Duterte's 'kill' remarks were serious threat

Vice President Sara Duterte's statements that she had instructed someone to kill President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker and Leyte Representative Martin Romualdez constituted a serious threat, a prosecution witness at Duterte's impeachment trial testified on Wednesday.

According to National Bureau of Investigation (NBI) Senior Agent Mark Calilung, authorities consider several factors in determining whether a statement constitutes a serious threat, including whether the person making it has the capability to carry it out.

Calilung was testifying for the prosecution on Article 4, which alleges that the Vice President committed culpable violation of the constitution, high crimes, and contracting betrayed public trust by asserting that she arranged for the assassination of the President and his family members, by making grave threats, and by actively inciting sedition against the republic.

"If it's an active threat, if the one giving the threat is capable of carrying it out, meaning the person has the capability or authority to implement such a threat, then it should be considered a threat that merits appropriate measures," Calilung said in response to questions from Senator-judge Joel Villanueva.

"Another factor is how the threat was delivered. As I mentioned earlier, the statement itself emphasized 'no joke, no joke,' indicating that it was a serious threat," he added.

Senator-judge Alan Peter Cayetano then asked the witness of his personal assessment of the Vice President’s statements.

Calilung replied: “May nakausap na po, it already took place before pa ‘yung mangyari ‘yung meeting [press conference]. There is a condition na kapag pinatay siya, but as we can see, it’s only applicable if there is only two parties,” Calilung said.

(She had already spoken to someone. It already took place before the press conference. There is a condition that if she were to be killed, but as we can see, it’s only applicable if there is only two parties.)

“The statement made a loophole wherein a third party can use that kapag namatay si VP, ma-e-execute niya yung statement ni VP na may nakausap na siya. The threat is absolute, Sir," Calilung added.

(The statement made a loophole wherein if the VP dies, a third party can execute her statement that she had spoken to someone.)

Impeachment Article 4 covers Duterte's remarks during a November 2024 online press conference, in which she said:

"Huwag kang mag-alala, Ma'am sa security ko, kasi may kinausap na ako na tao. Sabi ko sa kanya, kapag pinatay ako, patayin mo si BBM, si Liza Araneta, at si Martin Romualdez."

(Don't worry about my security because I have already spoken to someone. I told that person that if I am killed, kill BBM, Liza Araneta, and Martin Romualdez.)

She added: "No joke, no joke. Nagbilin na ako, Ma'am. 'Pag mamatay ako, sabi ko, huwag ka tumigil ha, hanggang hindi mo mapatay sila. And then he said yes."

(No joke. I already gave instructions that if I die, don't stop until you have killed them. And then he said yes.)

Cayetano then asked whether the NBI reports described the remark as a conditional threat.

“Based on our affidavit, sir, I believe it’s conditional,” Calilung said.

Calilung is a senior agent of the NBI's Cyber Investigation and Assessment Center (CIAC), which served as the lead investigator in the NBI probe into Duterte's November 2024 remarks.

As the agent on the case, he was tasked with "collecting, preserving, and authenticating" the digital evidence, including verifying the integrity of the video recordings of Duterte's livestreamed press conference through digital forensic procedures.

Calilung testified on Article IV of the Articles of Impeachment, which accuses the Vice President of culpable violation of the Constitution, high crimes, and betrayal of public trust for allegedly contracting the assassination of the President and members of his family through grave threats, as well as for allegedly inciting sedition against the Republic.

During cross-examination, defense counsel Carlo Joaquin Narvasa sought to place Duterte's controversial remarks in context, arguing that they were made amid the detention of her chief of staff, lawyer Zuleika Lopez, at the House of Representatives.

At the time, Lopez was set to be transferred to the Correctional Institution for Women after the House Committee on Good Government and Public Accountability cited her in contempt.— MCG/BM, GMA News