By Kaela Patricia B. Gabriel again Pexcel John Bacon
The head of the National Bureau of Investigation (NBI) told the Senate court on Tuesday that the investigators determined that the word “Operation Romanov” came from the camp of Vice-President (VP) Sara Duterte-Carpio and understood it as a threat against the First Family instead of the Vice President.
NBI Bangsamoro Autonomous Region Director Jeremy C. Lotoc made this explanation on the fifth day of Ms.
“Regarding our investigation, since we could not approve Operation Romanov, I think it started with the son of the Vice-President,” said Mr. Lotoc told the impeachment court.
He said the investigators are focused on finding that Ms. Duterte’s public statements are criminal charges instead of confirming the existence of “Operation Romanov.”
Senator Panfilo “Ping” M. Lacson questioned why the supposed operation was not included in the investigation, saying he initially understood it as a threat against Ms. Duterte.
Mr. Lotoc responded that the authority of the Cybercrime Division is limited to investigating crimes committed through information and communication technology and the Vice President’s public speeches.
“Regarding the Cybercrime Unit, we focus on crimes committed or using information and communication technology,” he said. “Even if there is Operation Romanov, the intelligence or our director can answer that.”
Earlier, defense lawyer Mark C. Vinluan questioned why the NBI did not investigate the statements made at the same time on the internet about the alleged threats against Ms. Duterte.
Mr. Lotoc said the office invited the Vice President to participate in the investigation in a letter dated December 2, 2024 but he did not respond.
“That is the reason why we sent the letter dated December 2, so that Vice President Sara would clarify our investigation,” he said.
The defenders resumed questioning Mr. Lotoc about clerical errors in the bureau’s investigative affidavit, saying it undermines its findings.
Mr. Lotoc maintains that the clerics’ mistakes do not affect the evidence gathered by the investigators.
“The existence of these clerical errors does not change the fact that the video exists, it does not change the fact that the Vice President made those statements, and it does not change the fact that the NBI has findings,” he said.
Previously, the NBI recommended that three cases of malicious threats and one of defamation of the State be opened against Ms. Duterte following its investigation.
Mr. Vinluan maintained that the Vice President’s comments were in response to questions during the online meeting and did not constitute criminal threats.
“It was never directed directly at BBM (Bongbong Marcos), the First Lady and former Speaker Martin Romualdez,” he said. “There was no danger at first.”
Mrs. Duterte previously dismissed the allegations, saying the impeachment complaint lacked evidence.
“The fact that there were threats that did not exist, naming a murderer where there is none, and creating evidence to support those allegations does not turn myths into reality,” he said.
‘NOT A SPELLING COMPETITION’
Meanwhile, the lawyers urged the Senate court to focus on the evidence given by the Vice President instead of clerical or typographical errors in the investigative documents.
In separate statements, House prosecution counsel and spokesperson Robert Ace S. Barbers, Zambales Representative Jefferson “Jay” F. Khonghun and Lunge of the ACT Teachers Party-Op. Antonio L. Tinio said the prosecution’s case should be decided on its merits and not on the technical issues raised by the defense.
Mr. Barbers said the trial was “not a spelling dispute,” arguing that the key issue is whether the dispute substantially affected the investigation or prejudiced the defendant’s rights.
“The real question is whether the alleged contravention is cognizable,” he said. “Did they change the facts? Did they change the evidence? Did they affect the integrity of the investigation or prejudice the rights of the accused?”
Mr. Khonghun said the alleged threats are still being recorded on video and the findings of the NBI are now part of the case record.
“The threats are on video, and the findings of the NBI are already on record,” he said in Filipino. “The documents may be questioned, but the defense of Vice President Duterte has yet to respond to the evidence.”
Mr. Tinio also accused the defense of diverting attention from an important issue.
“There is a video,” he said. “There are death threats against President Marcos, Liza Araneta-Marcos and Martin Romualdez. This is not a speech. This is not a political opinion. This is a crime.”
Ederson DT. Tapia, a professor of political science at the University of Makati, said the rules of procedure are necessary to protect fairness and due process, but minor clerical or clerical errors should not be more than the total impeachment case if it does not prejudice the rights of the parties.
“The case is there to find out whether the public official is always ready to handle the position,” said Mr. Tapia via Facebook Messenger. Therefore, the strength, reliability and sufficiency of the evidence should always be a primary consideration.
Hansley A. Juliano, who teaches political science at Ateneo de Manila University, said typographical and typographical errors become effective only if they are shown to be more than ordinary human errors and can be verified by comparison with original or comparable documents.
“Condition and context are very important, not strict grammar,” he said of Messenger. He added that while procedural issues are often raised in tort and criminal cases, impeachment allows for a broader review of evidence as a constitutional accountability process.
