MORE than a year after the National Bureau of Investigation (NBI) recommended criminal complaints against Vice President Sara Duterte over her alleged threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and former House Speaker Martin Romualdez, no charges have yet been filed in court.
The status of the case was disclosed by NBI-Bangsamoro Autonomous Region in Muslim Mindanao (Barmm) Regional Director Jeremy Lotoc, former head of the NBI Cybercrime Division, during the resumption of Duterte’s impeachment trial on Monday, July 13, 2026.
Testifying before the Senate sitting as an impeachment court, Lotoc said the complaints remain under preliminary investigation by the Department of Justice (DOJ).
During questioning by senator-judge Erwin Tulfo, Lotoc recalled that the NBI submitted its affidavit of investigation on January 30, 2025, following its probe into Duterte’s controversial November 2024 online press conference, where she allegedly threatened to have the President, the First Lady, and Romualdez killed if she herself were killed.
However, the DOJ found the initial submission insufficient for the conduct of a preliminary investigation and directed the NBI to submit additional requirements and further build up the case.
The NBI complied and resubmitted its affidavit in February 2025.
Tulfo noted that more than a year had passed without a resolution from the DOJ.
“Over one year of preliminary investigation? Is that normal for the DOJ to conduct preliminary for over a year?” Tulfo asked.
“I can’t answer that,” Lotoc replied in Tagalog.
When asked whether the NBI had followed up with the DOJ regarding possible deficiencies in the complaint, Lotoc said the matter was already under the department’s jurisdiction once the referral had been transmitted.
Tulfo said the lengthy proceedings raised concerns about possible weaknesses in the complaint and advised investigators to ensure future cases are airtight before filing.
“Next time, if you file a case, make sure… I already have this feeling that something is wrong because your case has been with the DOJ for such a long time. There is something wrong with the case,” Tulfo said in a mix of Tagalog and English.
He added that while Duterte’s statements were not in dispute, technical issues could undermine a criminal case.
“Although we have seen many things and that it is true that the Vice President cursed and made threats, we are running into problems when it comes to the technicalities,” Tulfo added.
Tulfo also questioned the House prosecution panel on why the evidence had not been thoroughly reviewed before the complaint was filed.
The prosecution responded that it had no role in preparing the NBI documents and stressed that the bureau had already addressed the DOJ’s concerns by submitting a revised affidavit of investigation dated February 10, 2025.
Prosecutors said the revised affidavit is the one currently pending before the DOJ.
During cross-examination, defense counsel Mark Vinluan pointed to inconsistencies in dates appearing on NBI documents presented as evidence in support of the impeachment complaint.
Lotoc maintained that these were merely typographical errors.
“There is a stamp, ‘Department of Justice received’. But it appears that it was initially stamped February…02-12-2025, but there is a marking, a manual marking that converted it to January 30. There is also a word there ‘Jan,’” Vinluan said.
“It says here February 11, 2025…In other words, the date of the document is February 11, but it was received on January 30, 2025, by the DOJ. Do you have an explanation for this?” he asked.
“I cannot explain this, Your Honor. First of all, I did not sign this. I did not receive it, and I have no knowledge of it,” Lotoc responded.
Vinluan also emphasized that the NBI’s findings and recommendations that Duterte’s statements constituted grave threats and inciting to sedition are not binding on the DOJ or the courts.
“Even if the NBI said there were grave threats and inciting to sedition, it’s not binding upon the DOJ, correct?” Vinluan asked.
“No,” Lotoc replied, agreeing that the DOJ independently determines whether probable cause exists and whether criminal charges should be filed.
The NBI criminal investigation stemmed from Duterte’s remarks during a Nov. 23, 2024 livestream, in which she said she had instructed someone to kill the President, the First Lady and Romualdez should she herself be killed. (TPM/SunStar Philippines)