MANILA – The first witness presented by the prosecution told the Senate impeachment court on Wednesday that a threat-related case involving the country’s highest officials may proceed to preliminary investigation even without a personal complaint from the alleged victim, provided investigators find sufficient evidence.

During the third day of the impeachment trial of Vice President Sara Duterte, National Bureau of Investigation (NBI) Senior Agent John Mark Calilung testified that the agency may file a case if its investigation establishes that a crime was committed.

Responding to Senator-judge Erwin Tulfo’s question on whether the NBI still needs the consent of an allegedly threatened official before filing a case involving threats against the President, Vice President, Senate President, Speaker of the House, or Chief Justice, Calilung said, “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.”

Asked whether the bureau could proceed even without a complaint from the threatened official, Calilung said the matter was submitted for preliminary investigation “even without the complaint.”

Senator-judge Joel Villanueva also asked how investigators assess threats, particularly when the person making the statement is a high-ranking government official.

Calilung said that while he could not speak for the National Security Council or other agencies, NBI investigators consider whether the threat is active and whether the person making it has the capability or authority to carry it out.

“High-ranking official has the capability or power to implement such threat. It is considered,” he said.

Villanueva then asked whether capability alone would be sufficient, citing the example of someone threatening to bring another person to the moon without having a spacecraft.

Calilung replied that investigators also evaluate the manner in which the statement was made, including whether it appeared to be serious.

“Not only, sir, but also how it was delivered,” he said, citing Vice President Duterte’s repeated statement, “no joke, no joke,” during her Nov. 23, 2024 press conference as among the factors considered.

The exchange came as senator-judges continued examining the prosecution’s evidence on the grave threats allegation against Duterte, including video footage from the Nov. 23, 2024 press conference that formed part of the NBI investigation.