Senator-judge Alan Peter Cayetano on Monday questioned the House prosecution panel’s request to advance the testimony of National Bureau of Investigation (NBI) Director Melvin Matibag in the impeachment trial of Vice President Sara Duterte, saying it was “in bad taste” for a bureau head to dictate the schedule of the Senate impeachment court.
The issue arose after House prosecutor Iloilo Representative Lorenz Defensor asked the impeachment court to allow Matibag to take the witness stand on Tuesday after the NBI chief requested that his testimony be advanced from its originally scheduled date due to an official commitment abroad.
In a July 10 letter to the House prosecution panel, Matibag said he would be attending a summit on scams and transnational organized crime in Thailand with the Federal Bureau of Investigation and the Royal Thai Police on July 21 and 22.
He requested that his testimony be scheduled at the earliest setting convenient to the Panel or on or before July 20.
The defense opposed the request, citing witness scheduling rules and its right to prepare for cross-examination. It also sought copies of Matibag’s summit invitation and travel authority, prompting the court to defer action pending their submission.
While saying he understood the prosecution’s efforts to adjust its presentation of witnesses, Cayetano stressed that government officials should not dictate the timetable of the impeachment court.
“I find it in bad taste that a bureau head will dictate to us that he’s not available next week,” Cayetano said on July 13, 2026.
He noted that senator-judges have already set aside legislative work, oversight responsibilities, official travel, and constituency engagements to fulfill their constitutional duty as members of the impeachment court.
“The whole government, nakatutok [sa impeachment trial]. We put aside so many important things. And then one witness, who is in the government, who is a bureau head, will tell us ‘sorry’ because he has to be with the FBI [at] siya na y’ung mauna tomorrow? That might be a bad precedent,” he said.
Cayetano clarified that his remarks were not directed at the prosecution’s strategy but at preserving the integrity of the court’s procedures.
He recalled that Matibag was not originally expected to testify during the fourth week of trial and said a sudden change in the witness lineup could affect the preparation of senator-judges and the orderly presentation of evidence.
As previously agreed by both parties during pre-trial and in open court, witnesses not identified in the pre-trial order must be given at least five days’ notice before they are presented, while witnesses scheduled for the succeeding week are announced three days in advance.
Cayetano said these procedures were adopted to ensure fairness and orderly proceedings. He also said he hoped the request would not become a precedent, particularly for senior government officials appearing before the impeachment court.
“I hope it doesn’t become a rule, especially for a bureau head. I don’t think it’s really a good rule,” he said.
“Rules are important. We will not be able to move faster if we have to accommodate witnesses, especially if they’re in government,” he added.