MANILA – National Bureau of Investigation (NBI) Director Melvin Matibag told the Senate sitting as an impeachment court that Vice President Sara Duterte’s public statements about allegedly talking to someone to kill President Ferdinand R. Marcos Jr. may constitute a betrayal of public trust, even if the alleged plan itself is not punishable under the Revised Penal Code unless carried out.

During questioning by senator-judge Joel Villanueva, Matibag explained that the NBI’s criminal investigation into grave threats and inciting to sedition is separate from its ongoing effort to identify the individual Duterte allegedly asked to kill the President.

“Kaya naman po ’yung pag-imbestiga sa grave threat at inciting to sedition, malinaw po na napapaloob ito sa Revised Penal Code (In investigating grave threats, it is clear that it is within the Revised Penal Code),” Matibag said.

“’Yun naman pong pag-iimbestiga at paghahanap doon sa taong kinausap para pumatay, hindi po napapaloob sa Revised Penal Code dahil po ang pagpaplano ng pagpatay ay hindi naman pinaparusahan ’yan kung hindi nga nagawa (The investigation and search for the person asked to kill, it is not in the Revised Penal Code because planning to kill is not punished unless done),” he added.

Despite this, Matibag said the alleged conduct remains relevant in the impeachment proceedings.

“Subalit doon na po papasok ’yung sinasabi nga natin na sa impeachment, tinitingnan po, at para sa akin nga, betrayal of public trust (But in the issue of impeachment, it is relevant, and for me, that is betrayal of public trust),” he said.

Matibag testified that Duterte’s alleged actions run contrary to the oath she took as Vice President, particularly her commitment to uphold the Constitution and faithfully execute the laws.

“Bakit po? Dahil meron po siyang sinumpaang tungkulin. Doon po mismo sa kanyang oath of office bilang vice president, sinabi niya (Why? Because she has a sworn duty. In her oath of office as vice president, she said) ‘to preserve and defend the Constitution, execute the laws, do justice to everyone and consecrate herself to protect the nation,’” he said.

“Pero doon po sa sinabi na ‘execute the laws,’ dito po natin nakikita na hindi po ‘execute the laws’ yung pag-usap ng papatay (But on the issue of ‘execute the laws,’ we saw that talking of killing is not to ‘execute the laws’); that is to execute the President.”

Earlier in his testimony, Matibag said only Duterte could identify the individual she claimed to have spoken with regarding the alleged plot against the President.

He also maintained that Duterte’s own public statements already indicate the existence of an agreement to commit a crime.

“Malinaw naman na yung pagsasalita ng ating Bise Presidente na siya ay kumausap ng papatay at pumayag yung papatay na patayin yung mga indibidwal ay meron na pong pagkakasundo na gagawin ang isang krimen (It is clear in the utterance of the Vice President that she talked with someone to kill, and that someone agreed to kill the individuals, there is already an agreement to commit the crime),” Matibag testified.

The testimony formed part of the House prosecution panel’s presentation of evidence under the impeachment article accusing Duterte of betrayal of public trust and other impeachable offenses stemming from her alleged threats against President Marcos.

Matibag served as the prosecution’s third and final witness for the impeachment article involving the alleged threats against the President.PNA