The admissibility of his Senate testimony before the impeachment trial was defended by National Bureau of Investigation (NBI) Director Melvin Matibag, saying his statements are covered by an exception to the hearsay rule since they came from official NBI records under his custody.

However, Matibag admitted it is up to the Senate impeachment court to determine the weight and admissibility of his testimony.

Matibag said, “At the end of the day, it’s the impeachment court who will decide."

The NBI chief maintained that his testimony was anchored on documentary records officially kept by the bureau rather than on personal speculation.

He said that, in his opinion, he presented the basis of his testimony.

Responding to claims by the defense that portions of his testimony constituted hearsay, Matibag argued that his testimony falls within a recognized exception under the rules of evidence.

He said that it’s being alleged as hearsay, but under the rules, it is an exception to the hearsay rule.

“Why? Because I’m now the custodian of records that were left there. Those are official records, and I’m testifying based on the records,” he added.

He explained that, as head of the NBI, he relies on institutional records and established investigative procedures in carrying out his duties.

Matibag said he can only do what he knows as NBI director, based on the procedures, as there is a procedure and there is a process.

The bureau’s work is guided by evidence, due process, and the rule of law rather than by any political agenda, Matibag said.

He said, “We seek justice. We are not looking for anything. We are guided by justice, guided by the evidence, by the rule of law, by the procedure."

Matibag made the statements after the defense panel subjected him to extensive cross-examination over his lack of personal knowledge of certain aspects of the bureau’s investigation into the alleged grave threats made by Vice President Sara Duterte against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker Martin Romualdez.

In Tuesday’s proceedings, defense counsel Mark Vinluan questioned Matibag on matters relating to the NBI’s investigation, including subpoenas issued to personalities who attended Duterte’s November 2024 press conference, in an apparent effort to show that some portions of the witness’s testimony were based on information gathered by other investigators rather than on his personal knowledge.

But Matibag maintained that his testimony was based on official records maintained by the NBI in his capacity as the bureau’s custodian of records.