The affidavit of confessed Davao Death Squad (DDS) leader Arturo Lascañas linking Vice President Sara Duterte to the group accused of carrying out killings in Davao City was entered into the records of the Senate impeachment court on Tuesday after National Bureau of Investigation (NBI) Director Melvin Matibag cited it to support his testimony that Duterte was capable of carrying out the alleged "kill plot" against President Ferdinand Marcos Jr.

Matibag, the third NBI witness to testify on Article IV of the Articles of Impeachment, said Duterte's alleged threats against the President reflected a "pattern of violence."

Article IV centers on Duterte's alleged grave threats against Marcos in late 2024, including her 23 November press conference in which she claimed to have contracted a gunman to kill the President, First Lady Liza Araneta-Marcos, and then-House Speaker Martin Romualdez if she herself were killed.

Matibag also disclosed that the NBI had already developed leads on persons of interest who could help identify the alleged gunman, although he declined to reveal their identities.

“In that affidavit, Lascañas describes and says that the Vice President herself was involved in Oplan Tokhang, and as one of the architects of Oplan Tokhang,” Matibag said during questioning by House lead prosecutor Gerville Luistro.

"Oplan Tokhang" was the anti-illegal drug campaign launched under the administration of former President Rodrigo Duterte, the Vice President's father.

Quoting Lascañas' affidavit, Matibag said the former police officer alleged that Duterte ordered suspected drug dealers and criminals to be kidnapped and buried in a quarry in Davao City to avoid media scrutiny over the killings.

Before being elected vice president in 2022, Duterte served several terms as mayor and vice mayor of Davao City beginning in 2007. Her father served as the city's mayor starting in 1988.

Lascañas, a retired Davao police officer, previously claimed responsibility for nearly 200 killings allegedly carried out on the orders of then-Davao City Mayor Rodrigo Duterte as part of a campaign against criminals and drug dealers.

He testified before a Senate inquiry in 2017 about his alleged role in the DDS and later went into hiding. Lascañas also submitted an affidavit to prosecutors of the Hague-based International Criminal Court (ICC), where former President Duterte has been detained since 11 March last year on charges of crimes against humanity.

According to Matibag, Lascañas' affidavit forms part of the NBI's ongoing investigation into Duterte's alleged threats against President Marcos, which is being handled by a special task force.

Matibag's testimony focused on the NBI investigation into Duterte's statements during press conferences on 18 October and 23 November 2024.

During the October briefing, Duterte was quoted as saying she wanted to behead Marcos after their relationship had turned "toxic."

A month later, during an online midnight briefing, Duterte said she had contracted a hitman to kill Marcos, Araneta-Marcos, and Romualdez should she herself be killed.

'Misleading, improper'

Defense lawyer Mark Vinluan argued that Matibag was not competent to testify on the contents of Lascañas' affidavit because he was not its author or affiant. He maintained that allowing the affidavit to be discussed could mislead both the public and the senator-judges.

House prosecutor Gerville Luistro countered that Lascañas' affidavit could qualify as a declaration against interest because it contained admissions of his own alleged participation in the DDS.

“Under the rules, Your Honor, this may be considered also even with respect to a third party. And with this particular case, Your Honor, the Vice President, the respondent is the third party,” Luistro said.

Vinluan, however, insisted that the affidavit was merely a "scrap of paper" because it had not been formally offered as evidence during the pre-trial conference and should therefore not form part of the proceedings.

The alleged threats were first investigated by the NBI in November 2024, resulting in the filing of complaints for grave threats and inciting to sedition before the Department of Justice.

Two months after assuming office as NBI director, Matibag ordered the reopening of the investigation in April 2026, saying the bureau viewed the alleged threats as "serious, active, and continuing," warranting further investigation by a special task force.

Matibag said the bureau found that the alleged threats met the criteria for an "absolute threat" based on five factors: pattern of violence, gravity or seriousness, identifying characteristics of the subject, capability, and motive or intent.

“From our law enforcement perspective, the threat made by the Vice President is not only a threat but also a plan to kill our President. The threat to the President is also a threat to our national security,” Matibag said.

Vinluan argued that the creation of the NBI special task force was irrelevant to the impeachment trial because it was not included in the Articles of Impeachment.

“The Articles of Impeachment are akin to an information filed in court, and the trial has already started. The prosecution cannot modify such an information or the Articles of Impeachment, as doing so would violate our client's right to due process, particularly her right to be promptly and fully apprised of the exact charge against her,” Vinluan said.