Generally again – compound questions are frowned upon in courts. They are also called double-barreled questions. They are objectionable because they confuse the witnesses and to an extent, the court.

It seems like the defense team seeks to portray Calilung as someone who did not understand the context of the November 23, 2024 video where Duterte uttered the kill threat.

Narvasa appears to portray the NBI as having selective investigations. He asked if the NBI investigated the alleged threats to Lopez's life, to which Calilung replied with no.

The NBI agent attempted to qualify his answer by explaining the coverage of their motu proprio investigations, but Narvasa did not allow him.

Narvasa is now pointing out loopholes, flaws in the transcript that Calilung executed. For example, the defense wants to project that the transcript failed to accurately capture Zuleika Lopez’s statements.

Prosecution objects on the defense’s line of questioning. argues that the defense is confronting witness on “miniscule” differences between the transcript and the video. 

“How can it be relevant, when these two miniscule words — detainee and accused — are not reflected in the transcript, when this witness said he investigated not only the basis of the transcript, but basis of the video that he himself viewed?” Ligutan says.

Senator-judge Bam Aquino asks NBI officer Calilung if he's familiar with the alleged hitman contacted by Duterte. Calilung says his knowledge only covers the authentication of the video.

The prosecution listed another witness, NBI agent Lotoc, who will shed light on the alleged hitman issue.

Senator-judge Risa Hontiveros now asks about the link of Zuleika Lopez's detention to Vice President Sara Duterte's alleged threats to President Ferdinand Marcos Jr. and his family.

Hontiveros now asks if grave threats will be considered valid if prompted by past aggravating actions. Chiz Escudero, however, reminds the senator-judges to refrain from asking conclusive questions since the court is still in the process of assessing evidence.

Earlier Calilung also said that the video where Sara Duterte made her alleged grave threats is not AI-generated, “based on my experience” and “personal observation,” reasoning that the video was 2 hours long, and “normally an AI-generated video will only last a few seconds.” He was responding to questions from Senator-judge Raffy Tulfo.

Senator-judge Joel Villanueva asks the NBI their considerations in probing threats against the President.

Calilung says among their considerations if the threat is active – meaning the person making the threats has the power or capability to implement the threats, like a sitting official. Calilung adds that they also consider the manner of the delivery.

This answer was in response to a question by Aquino, on whether they will present other witnesses related to the alleged hitman contracted by VP Sara Duterte.

When does the NBI file a complaint against a person over alleged threats vs the president?

Senator-judge Erwin Tulfo asks NBI officer John Mark Calilung regarding their threshold in filing a complaint against a person who makes alleged threats against the president. Is it automatic, Tulfo asks.

Calilung says their mandate includes investigation into threats against high-ranking officials like the president, vice president, chief justice, etc. If there's enough evidence, Calilung says they will file a complaint against a person.

Is there a special law punishing people who threaten the president?

Senator-judge Migz Zubiri asks NBI officer John Mark Calilung if there is a special law that punishes people who threaten the president? Calilung says as far as he's aware, this is covered by the law punishing grave threats.

He explains that the new NBI law mandates them to probe into alleged threats against the president, vice president, Senate president, chief justice, and other high-ranking officials.

So is the NBI the primary office mandated to probe these threats? "It's within our law," says Calilung.

Summary of the many documents presented earlier

January 30, 2025: NBI first submitted to the DOJ its affidavit of investigation alleging grave threats, inciting to sedition vs VP Sara Duterte
February 5, 2025: DOJ prosecutor released certification saying the first affidavit of investigation by NBI Cybercrime Division released January 30 is insufficient for preliminary case buildup. The same document said only minutes of the meeting with journalists were submitted, not an individual affidavit regarding the contents of the said minutes. The same certification pointed out that NBI executed the complaint without participation of the offended parties (namely Marcos etc). 

February 10, 2025: NBI submits revised affidavit of investigation to DOJ, charging Duterte with 3 counts of grave threats and inciting to sedition after November 23, 2024 Zoom press conference. 

February 11, 2025: Then-NBI chief Jaime Santiago wrote to DOJ Prosecutor General Richard Fadullon saying no private complainant is needed.  

Defense’s aim: To undermine the final version of the affidavit submitted by the NBI and make it appear that the flaws pointed out by the NBI were not sufficiently addressed.

Prosecution says NBI regional director Jeremy Lotoc wont be presented today, but on Monday.

Defense lawyer Mark Vinluan sums up the defense strategy in undermining the grave threats:

- Sara Duterte was allegedly under constant attacks and her meltdown where she allegedly threatened the President and his family was the fruit of this pressure.
- There was no betrayal of public trust or crime committed because Duterte only said those things due to the alleged threats against her own family and to an ordinary citizen (Zuleika Lopez).

Earlier, Senator-judges Tito Sotto and Ping Lacson bring up the question of AI again. Sotto clarifies whether Calilung is aware of content in Facebook now being labeled “AI Info.” Calilung says he is. 

Lacson, in his questioning, says manually comparing the recorded and original videos for authenticity is not reliable. Calilung performed manual checking of the screen recording of the Facebook video in question. 

Calilung mentioned 3 tools that the NBI uses for digital forensics. One of them is Amped Authenticate. Calilung said they didn’t use the tool because the video was too long at 2 hours, and that Authenticate only attempts to detect inconsistencies in a video’s framerate measured as frames-per-second. Instead, Calilung attests to the authenticity of the video based on manual checking, based on his own competence and experience, having appeared in at least 30 court hearings.

Prosecution's witnesses for next week:
NBI Regional Director Jeremy Lotoc, OVP chief of staff Zuleika Lopez, and House security official Belinda Bello

WATCH LIVE: House prosecutors hold a press conference after the third day of the impeachment trial of Vice President Sara Duterte, Wednesday, July 8. https://www.youtube.com/live/mccoR1d72TA @here

Rappler's field team coming to you LIVE from the Senate!

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