First of 25 witnesses for Sara Duterte defense backs out

MANILA, Philippines — Former University of St. La Salle law dean Ralph Sarmiento has declined to testify for the defense of Vice President Sara Duterte in her impeachment trial, withdrawing shortly after being announced as the first of the 25 witnesses lined up by her lawyers to challenge allegations of unexplained wealth.

Sarmiento, who earlier expressed his views on the impeachment case in social media posts, said he could not be a “witness for either side” since taking the stand could compromise the independence of his constitutional law scholarship and the impartiality of his legal opinions.

His withdrawal came just four days before the Senate impeachment court resumes hearings on Nov. 9, when Duterte’s lawyers are supposed to present him as their first witness and start disputing prosecution evidence mostly consisting of financial records.

Article continues after this advertisement

READ: Defense in impeachment trial lists 25 witnesses for ‘unexplained wealth’

FEATURED STORIES

NEWSINFO

NEWSINFO

NEWSINFO

“I cannot be a witness for either side,” Sarmiento said, explaining that he had not anticipated that his views shared on social media might potentially become part of the impeachment proceedings.

The Bacolod City-based lawyer thanked the defense team for recognizing the value of his constitutional and legal analyses but asked it to withdraw its request for a subpoena.

READ: VP Duterte camp taps legal academic to counter unexplained wealth charge

Defense counsel and spokesperson Michael Poa said his team respected Sarmiento’s decision and appreciated his initial consideration of the invitation.

Article continues after this advertisement

“We wish him well in his continued contributions to constitutional discourse,” Poa said.

Legal questions

Sarmiento is a legal scholar who earlier questioned the Senate impeachment court’s decision to amend its earlier ruling on the number of votes required to convict Duterte.

Article continues after this advertisement

His Facebook posts and public commentary on the impeachment proceedings included discussions of constitutional and legal issues surrounding the trial, making his proposed appearance as a defense witness a subject of scrutiny.

On Thursday, lead public prosecutor and Batangas Rep. Gerville Luistro said she was surprised that Sarmiento had declined.

But she said she was also more concerned about whether the defense team had actually consulted Sarmiento before seeking a subpoena for his court appearance.

“I’m quite surprised that it seems that the defense did not reach out to him prior to filing the motion for issuance of subpoena to this witness,” Luistro said in an interview on ABS-CBN News Channel’s “Headstart.”

She said lawyers should first establish whether a prospective witness was willing to testify, unless they intended to present the person as a hostile witness.

Luistro cited the prosecution’s experience with former Office of the Vice President special disbursing officer Gina Acosta and Duterte’s brother, Davao City Mayor Sebastian “Baste” Duterte, who were presented as hostile witnesses.

“In the case of a hostile witness, you don’t need to consult them beforehand regarding their willingness,” she said. “However, if they are to be presented as a regular witness … I believe they should have been consulted first.”

Numbers, not legalities

For Bicol Saro Rep. Terry Ridon, spokesperson for the House prosecution panel, it would be better for the defense to just focus on explaining the figures from financial documents that form the evidence against Duterte, rather than raise constitutional and legal arguments.

“It was appropriate for Dean Ralph Sarmiento to refrain from appearing at the proceedings. The defense’s presentation of evidence—framed around what they claim to be legal and constitutional principles—is misplaced and lacks any basis,” Ridon said.

“The trial next week will focus solely on the defense against the allegations of unexplained wealth leveled at the Vice President—nothing else,” he added.

Ridon said Duterte’s lawyers should present witnesses capable of disputing the bank and tax records, statements of assets, liabilities, and net worth (SALNs), and documents from the Securities and Exchange Commission and Anti-Money Laundering Council examined by prosecution witness Alexander Cabrera, a forensic financial analyst.

Cabrera concluded that Duterte failed to declare at least P817.8 million in wealth in her SALNs from 2022 to 2025.

Ridon also cited alleged undeclared financial accounts exceeding P100 million and credit card transactions involving substantial spending on dining and shopping.

“What they need to explain: P800 million to P1.5 billion in unexplained wealth; over P100 million held in financial accounts that were not declared in the Vice President’s statement of assets, liabilities, and net worth; credit card transactions exceeding P200,000 spent solely on dining out and purchasing shoes; and much more,” he said.

25 witnesses

The Senate impeachment court confirmed on Thursday that Duterte’s lawyers had filed two manifestations on Nov. 4 seeking subpoenas for 25 witnesses, subject to the approval of presiding officer Francis “Chiz” Escudero.

The witnesses were identified as resource persons on legal principles, corporate and business matters, property assessments, payroll records, and the Vice President’s and her husband Manases Carpio’s bank records.

Aside from Sarmiento, the list includes GenCorp Industries Inc. and Metro City Chow Foods Corp. corporate counsel Suzette Balucanag-Punay; Davao City assessor Jaime Adalin; Island Garden City of Samal assessor John Kenneth Enumerables; Matina Crossing barangay chair Cindy Colina; and Davao City accountant Vingelin Bajan.

The defense also named Olivia Barcarse and Alvin Go of BDO Unibank; Paul Roderick Ysmael and Cesar Bernard Coloma of the Bank of the Philippine Islands; Marino Buban Jr. of EastWest Bank; and Joselito Vallada of Land Bank of the Philippines.

Other proposed bank witnesses are Janella Marie Panilio of Metropolitan Bank and Trust Co.; Jose Manuel Jr., Rodel Mediavillo and Mary Ann Candaroma-Morales of PSBank; Joseph Anthony Lopez of Security Bank; and Joselito Banaag, Louiemel Panes, Rogelio Villos Jr., Jayah Deneserie Scalf and Gemma Lynn Del Mundo of UnionBank.

The remaining witnesses are Anel Martin Antero, Chadrin Parian and Quezon City City Prosecutor Vimar Barcellano.

The defense requested the subpoenas ahead of its presentation of evidence scheduled from Nov. 9 to 13. The court allotted eight hearing days in November for the defense, compared with the prosecution’s 13 days of witness presentations from Sept. 14 to Oct. 12, during which it called 28 witnesses.

Your subscription could not be saved. Please try again.

Your subscription has been successful.

The prosecution withdrew three of the original four impeachment articles on Oct. 13, leaving the unexplained-wealth charge under Article 2 as the sole remaining basis of the trial. —With a report from Inquirer Research