(Screengrab from Senate livestream)
The Senate impeachment court is reviewing subpoena requests filed by Vice President Sara Duterte’s defense team for prospective witnesses, including a constitutional law professor who has declined to testify ahead of the trial’s scheduled resumption on November 9.
Court spokesperson Reginald Tongol confirmed Thursday that the impeachment court received two formal manifestations from Duterte’s lawyers on November 4, requesting subpoenas for witnesses expected to appear during the November 9 to 13 hearings.
“The Presiding Officer will review and act upon these subpoena requests in strict accordance with the Rules of Procedure and the Court’s standards for relevancy and admissibility,” the court said in a statement.
Among the proposed witnesses was constitutional law professor Ralph Sarmiento, former vice chancellor for administration of the University of St. La Salle in Bacolod City.
Sarmiento was initially scheduled to testify on November 9 regarding constitutional and legal principles relevant to Article II, the remaining impeachment charge against Duterte involving allegations of unexplained wealth.
However, the law professor announced Thursday that he would no longer participate in the proceedings, citing concerns over maintaining his academic independence and impartiality.
“This is a personal decision to preserve the independence of my constitutional law scholarship and the impartiality of my legal views and opinions,” Sarmiento said.
He also disclosed that he had contacted Duterte’s legal team to request the withdrawal of its subpoena application or the recall of any subpoena that may have already been issued.
Defense lawyer Michael Poa acknowledged Sarmiento’s decision and said the legal team respected his position.
“Nirerespeto at naiintindihan po natin si Dean Sarmiento,” Poa said.
Poa confirmed that the defense had submitted its list of witnesses for the first week of hearings in compliance with the impeachment court’s requirement to provide at least five days’ notice.
However, he declined to disclose further details of the submissions, maintaining the defense team’s position on confidentiality since the pretrial proceedings.
The impeachment court has yet to announce any action regarding Sarmiento’s withdrawal or the pending subpoena requests.
Aside from Sarmiento, the proposed witness list includes corporate representatives, local government officials, accountants and bank personnel who may be asked to testify or provide documents related to property ownership, business interests, employment records and financial transactions.
The defense also requested subpoenas for representatives of seven banking institutions, including BDO Unibank, Bank of the Philippine Islands, Land Bank of the Philippines and UnionBank.
The court said the identities of additional witnesses scheduled for the November 19, 20 and 23 hearings would be disclosed in accordance with its five-day notice requirement.
The impeachment trial is set to resume Monday, November 9, with Duterte’s defense team expected to begin presenting evidence concerning Article II.
The proceedings will focus on the remaining unexplained wealth allegations after the prosecution withdrew three other impeachment charges against the Vice President on October 15.
Duterte has the opportunity to contest the allegations and present evidence in her defense as the Senate impeachment court continues its proceedings.
