Defense showing Lopez video justifies need to subpoena her – Barbers

MANILA, Philippines — The decision of Vice President Sara Duterte’s lawyers to use the video clip of Undersecretary Zuleika Lopez in November 2024 as evidence to debunk the grave threat allegations only highlighted the need to present her as a witness.

This is the view of prosecution advisor and spokesperson Robert Ace Barbers expressed in a press briefing on Wednesday.

Barbers said that the clip showing Lopez, chief-of-staff of the Office of the Vice President (OVP), crying and calling out the House of Representatives merits a discussion as the defense appears to deem it relevant to Article IV of the Articles of Impeachment.

Duterte’s lawyer Carlo Joaquin Narvasa was allowed to play portions of Duterte’s press briefing last November 23, 2024, where Lopez complained about the House’s actions after she was cited for contempt and eventually detained.

“For me, the video provided additional justification for us,” Barbers, a former lawmaker, said.

“If you recall, the side who first asked that Atty. Zuleika Lopez be issued a subpoena is the prosecution, and with the defense’s presentation of the video clips, it made Atty. Zuleika Lopez very important, which means our request for a subpoena is justifiable,” he noted.

“And her testimony shown on the video makes it more interesting for the prosecution to ask, perhaps, the witness subject of our subpoena as to what is the relevance of her video in discussing grave threats,” he said.

“What is the relevance of that video shown by the defense on our allegations that Duterte committed inciting to sedition?” he asked.

After Narvasa presented the clip containing Lopez’ grievances, Senator-judge Risa Hontiveros asked whether the defense panel thinks that threats from Duterte were warranted if they had established that Zuleika was oppressed by the House.

In response, Narvasa said that there was a “systematic oppression” from the House, particularly the House committee on good government and public accountability which investigated alleged misuse of confidential funds within OVP, and which invited Zuleika as a resource person.

Hontiveros quickly fired back, asking whether it is the defense’s stand that Duterte can get a pass if it is proven that her threats were borne out of a legitimate reason.

However, presiding officer and Senator-judge Francis Escudero reminded his colleagues to avoid asking questions that would lead lawyers of both camps to “make conclusions of law and fact” — effectively preventing Narvasa from answering Hontiveros’ questions.

READ: Hontiveros asks Duterte defense: Threats OK if OVP staff is oppressed?

Hours after the video clip of Lopez was shown, House prosecutor and Iloilo Rep. Lorenz Defensor announced that they intend to present the OVP chief-of-staff as their witness for Article IV by the trial next Tuesday, on July 14.

READ: Zuleika Lopez among prosecution’s next witnesses in impeachment trial

Barbers said the developments earlier were important to the prosecution’s case.

“This will now be the topic when Atty. Zuleika Lopez will be presented or will be sitting in the witness stand,” he pointed out.

“So, that is the important development as of now. It helped the prosecution panel justify why we needed the testimony or why we needed Atty. Zuleika Lopez as the witness for the prosecution,” he explained.

“So, that is the good thing that happened today,” he concluded.

Lopez is a key figure on the allegations that Duterte issued grave threats against President Ferdinand Marcos Jr., First Lady Liza Araneta Marcos, and former House Speaker Ferdinand Martin Romualdez.

For one, it was in the context of Lopez’s detention at the House premises last November 2024 — after she participated at the hearing of the House committee on good government and public accountability — that Duterte addressed the media in an online briefing.

Lopez was cited for contempt for supposedly committing undue interference during the panel’s investigation of the alleged confidential fund misuse within Duterte’s offices.

As she was infuriated over Lopez’s detention and subsequent attempts to transfer her, Duterte badmouthed the Marcos couple and Romualdez.  

At one point, Duterte was asked if she is concerned about her security; she replied by urging people not to worry since she had contracted someone to kill the three if she herself gets killed.

READ: Sara Duterte’s kill remark vs Marcos is ‘active threat’ – Palace 

The Senate Impeachment Court ended the first week of its trial after the defense panel finished conducting its cross-examination of Senior Agent John Mark Calilung, one of the National Bureau of Investigation (NBI) personnel who investigated Duterte’s threats.

Calilung was first called to the witness stand on Tuesday. 

The defense panel initially objected to the presentation of Calilung as a witness, with Narvasa claiming that the NBI personnel was not not listed in the Saballa and Cabrera impeachment complaint and in the Articles of Impeachment submitted by the House.

Counsel for the prosecution Amando Virgil Ligutan, who was set to directly examine Calilung, reminded Narvasa that the Saballa complaint has lived its life already, and it only became a basis for the Articles of Impeachment submitted by the House.

READ: Prosec scores in bunches as Senate court denies several defense motions 

Narvasa tried to object again, but Escudero noted a previous Supreme Court decision which allows prosecutors to add evidence or witnesses apart from what was included in an Information — in this case, the Articles of Impeachment. /apl