NBI findings on Duterte properties came too late for trial

MANILA, Philippines — House prosecutors are leaving it up to the Ombudsman and the Department of Justice to act on the National Bureau of Investigation's findings on multi-million properties allegedly linked to Vice President Sara Duterte, saying the findings came too late for the trial as they've already rested their case.

Lead prosecutor Rep. Jinky Luistro (Batangas, 2nd District) said the panel remained interested in the NBI’s investigation, including one lofty Davao City property the bureau claims has a mansion and a helipad. But the prosecution has already wrapped up evidence on the unexplained wealth charge, the only article of impeachment left against Duterte. 

“We lament that we are in the process of filing already our formal offer of documents, which signifies the prosecution’s resting its case,” Luistro confirmed at a briefing on Tuesday, October 20.

“We just want to express our interest on the ongoing investigation of the NBI because these properties are of course supposed to be part of the unexplained wealth in our articles of impeachment, except that we have concluded already the presentation of our evidence,” she said in mixed English and Filipino. 

The findings however can still be pursued by agencies "like the Department of Justice and the Office of the Ombudsman,” she added.

NBI Director Melvin Matibag first publicly shared findings of the alleged mismatch of the properties' worth on Duterte's wealth declarations on October 12. That was the same day the prosecution’s final witness, forensic analyst Alexander Cabrera, finished his testimony, and the panel formally rested its case the next day. 

Duterte's properties nevertheless came up in the impeachment court when Sen. Erwin Tulfo raised them during his interjection.

The NBI has since identified three more properties that it claims involve discrepancies in the declarations of Duterte and her husband.

Luistro’s remarks narrow earlier statements by her co-prosecutors who said senator-judges should also "consider" the NBI's findings. Rep. Terry Ridon has said the prosecution panel was studying whether it could use the NBI’s findings that the properties are worth more than what Duterte declared in her Statement of Assets, Liabilities and Net Worth (SALN).

The NBI said one property in Barangay Catigan, Davao City, was declared in Duterte’s SALN as agricultural land worth about P890,000. The bureau said independent appraisals and site inspections valued it at P14 million to P61 million, and that it has a mansion, swimming pools and a helipad. 

The NBI began looking into the properties after dismissed policeman Rodulfo Gracioso Jr. alleged that he had delivered cash to the vice president, her brother Rep. Paolo Duterte and former president Rodrigo Duterte on the instructions of former House Speaker Lord Allan Velasco. 

Duterte and Velasco’s camp have both denied the claims.

Duterte has denied owning the properties and called the NBI’s move to link them to her a form of “public deception.” She has also said that such conduct was why the NBI was "dropped" from the prosecution’s witness list.  

‘Not simple living’

At Tuesday’s briefing, House prosecutor Rep. Joel Chua (Manila, 3rd District) said the Duterte camp owed the public a full explanation for the property.

“They need to give a stronger explanation for the property they declared as worth P800,000. When the NBI presented this, turned out to be a big mansion with two swimming pools and a helipad,” Chua said in Filipino.  

“If you put a helipad on a property, it means you have a helicopter. So the next question is, does this family own a helicopter? Why does their property and mansion have a helipad?” he said.

Luistro said the findings were at odds with how the Dutertes had presented themselves to the public.

“They tried to give us the impression that they are just a simple family with a simple life. But how can we characterize them as simple people if they have a mansion?” she said. Citing the NBI, she said the property had “his and hers” swimming pools.

The prosecution’s final witness Cabrera estimated that Duterte and her husband had accumulated P817.87 million in unexplained and undeclared assets. 

Duterte has accused the prosecution of fabricating evidence.