Bam Aquino to defense: If there's no hitman, did VP Sara lie?
By Dhel Nazario
At A Glance
- Senator-judge Bam Aquino pressed Vice President Sara Duterte's defense team to explicitly state whether she denied that the Vice President had spoken to an alleged hitman.
- Aquino argued that the defense's verified answer did not contain a clear, specific denial.
- The exchange followed NBI witness Jeremy Lotoc's testimony that investigators initially treated Duterte's statements as truthful and that she had allegedly reiterated, rather than retracted, her remarks in a subsequent interview.
Senator-judge Bam Aquino on Monday, July 13, pressed Vice President Sara Duterte's defense team to explicitly state whether she denied speaking to an alleged hitman to carry out killings in case something were to happen to her.
Senator-judge Bam Aquino (Senate PRIB photo)
During the fourth day of Duterte's impeachment trial, Aquino first asked National Bureau of Investigation (NBI) Regional Director Jeremy Lotoc why investigators treated Duterte's statements about having spoken to someone to kill President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and former House Speaker Martin Romualdez as credible.
Lotoc said the NBI considered the statements truthful because of the circumstances under which they were made.
"Well, the surrounding circumstances, Your Honor, at that time, iyong (the) atmosphere. Sabi ko nga, galit na galit siya at madiin yung kanyang mga binitawang salita (As I said, she was furious and his words were delivered with great emphasis)," Lotoc said.
When Aquino asked if the bureau took Duterte's statement as true, Lotoc replied: "Yes."
Lotoc also testified that instead of retracting the statement in subsequent interviews, Duterte reiterated it during a Nov. 26, 2024 interview.
"I think, there was a video dated November 26, 2024. Doon sa video na 'yon, instead na i-deny niya iyong nangyari nung November 23, ni-reiterate pa ho niya, Your Honor, and admit po niya na indeed may kinausap siyang tao (In that video, instead of denying what happened on November 23, he reiterated it, Your Honor, and admitted that indeed he spoke to someone)," he said.
Aquino then turned his attention to Duterte's defense team, questioning whether the Vice President's verified answer to the Articles of Impeachment contained a clear and specific denial that she had spoken to an alleged hitman.
Addressing defense counsel Mark Vinluan, Aquino said he had reviewed the pleading but could not find an explicit denial of the allegation, distinguishing between a "general denial" and a "specific denial."
Vinluan pointed out that they specifically denied the remaining allegations in the Articles of Impeachment and maintained that the burden of proof rests with the prosecution.
Asked whether those provisions were sufficient to constitute a specific denial that Duterte had spoken to a hitman, Vinluan replied in the affirmative.
"Yes, Your Honor, because we discussed in our answer that the presumption never shifts. It is in light of our discussion that it is the burden of the prosecution to prove their claim considering that according to our laws, he who alleges must prove. And so we just presented our arguments accordingly, Your Honor," he said.
Aquino responded that while the defense would likely argue in its summation that the prosecution had failed to meet its burden, the allegation in question originated from Duterte's own public statements.
Vinluan reiterated that the burden of proof remained with the prosecution, saying the defense was under no obligation to prove its innocence.
"Your Honor, to clarify, the burden of proof is with the prosecution and not with the defense. In fact, Your Honor, according to our laws, even if we do not present evidence, if they do not overcome that threshold, Your Honor, then we believe that our client is entitled to—" he said before Aquino interjected.
Seeking to settle the matter, Aquino asked whether the defense's position was that the prosecution had to prove the existence of a hitman while the defense was not denying that Duterte had spoken to one.
Vinluan denied this.
"No, we are denying that, Your Honor. It's just that was our presentation and our answer," he said.
Aquino then asked, considering the earlier testimony from Lotoc, who had said investigators believed Duterte's statement because they had no reason to think she was lying.
"So for the record, you are denying that the Vice President actually spoke to a hitman... Sabi niyo, actually nagsinungaling siya at wala siyang kinausap na hitman. Iyan po ang sinasabi ninyo? (You said that actually he lied and didn’t talk to any hitman. Is that what you’re saying?)" Aquino asked.
"Yes, Your Honor. I don't know what's the frame of mind of Attorney Lotoc, but that is our answer, Your Honor. That she denied," Vinluan replied.