Sara Duterte's alleged threats not bound by freedom of speech – Lotoc

MANILA, Philippines — National Bureau of Investigation Regional Director Jeremy Lotoc on Monday said that in their investigation Vice President Sara Duterte’s alleged grave threats and assassination plot were considered outside the bounds of freedom of speech.

“Your Honor, as a lawyer and being in law enforcement, freedom of speech protects lawful expression, but it does not protect utterances that satisfy the elements of the criminal offense like this one,” Lotoc said.

He made the remarks from the witness stand on the fourth day of the impeachment trial against Duterte as the prosecution panel’s second witness.

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Private prosecutor Amando Virgil Ligutan during his direct examination of Lotoc cited paragraphs 202 and 203 of the May 25 answer of Duterte to the Articles of Impeachment.

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In the said paragraphs, Ligutan said the vice president argued that she was merely exercising her freedom of expression; thus, her threats were protected.

READ: VP trial on alleged hitman contract

Ligutan then asked Lotoc, as a lawyer and head of the NBI Cybercrime Division, whether he agreed with the said defense.

Defense counsel ⁠Mark Vinluan then objected, saying that Ligutan’s question calls for an opinion.

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The presiding officer and Senator-Judge Francis “Chiz” Escudero then asked Ligutan to revise his question.

Ligutan then asked, “You are aware of the defense that is freedom of expression. In your investigation, did you consider this, if at all, and if any?”

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Vinluan again objected, saying it was a leading question.

Escudero allowed the witness to answer; Lotoc said, they considered whether the said remarks would fall within freedom of expression in their investigation.

“What was your finding?” Ligutan said.

READ: NBI tags Sara for inciting to sedition grave threats

Lotoc then cited three reasons, including the first statement above.

He added, “When the second highest official of the land openly and publicly uttered that she had already contracted a person of the kill the highest official of the land, the first lady, and the former [House] speaker, and that she instructed the person to be relentless in killing them, we failed to see any amount of freedom of speech in that utterances, Your Honor.”

“Number two, we talked to ourselves if we allow the argument that it is within the bounds of freedom of speech, if we allow that to become the norms of our society, then who would prevent anybody from doing the same to anyone?” Lotoc went on.

The NBI regional director then said, if that were the case, anyone can then order anyone to kill whoever senator or judge if something happened.

“Imagine, Your Honor, the anarchy, the disorder, and the chaos it would bring to our country,” Lotoc stressed.

Prior to this, Lotoc testified that Duterte’s alleged grave threats were considered “serious and real.”

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He said their investigation prompted them to recommend the filing of three counts of grave threats and one count of inciting to sedition against the vice president. /mr