THE first witness of Vice-President (VP) Sara Duterte-Carpio’s defense counsel on Thursday declined to testify in her impeachment trial, though he remains included in the Senate impeachment court’s official schedule of witness presentations.
Dean Ralph A. Sarmiento, a law professor and former vice chancellor for administration at the University of St. La Salle, declined the defense team’s invitation to participate as a witness in the proceedings.
“This is a personal decision to preserve the independence of my constitutional law scholarship and the impartiality of my legal views and opinions,” Mr. Sarmiento said in a Facebook post.
The defense announced Mr. Sarmiento as their first witness on Wednesday evening, saying his testimony would discuss “legal and constitutional principles” relevant to the impeachment case and Article II on allegations of unexplained wealth.
Ederson DT. Tapia, a political science professor at the University of Makati, said Mr. Sarmiento’s refusal should not be interpreted as a rejection of the defense’s legal arguments.
Mr. Tapia said, whether or not the professor appears, the defense must demonstrate their constitutional arguments can stand on their own.
“A constitutional defense should not depend entirely on the participation of a particular legal scholar,” he told BusinessWorld via Facebook Messenger. “It must rest on sound legal reasoning, established constitutional principles, and the evidence presented before the court.”
He added, however, that Mr. Sarmiento’s refusal to testify is still a setback that undermines the defense’s preparation and coordination.
Mr. Sarmiento asked the defense to withdraw their request for a subpoena for his appearance or, if one has already been issued, to seek its recall by the Senate impeachment court.
Lawyer and spokesperson for the defense counsel Michael Wesley T. Poa said they respect and understand Mr. Sarmiento, adding they already submitted their list of witnesses for Nov. 9 to 13.
The chamber’s official witness schedule, released on Thursday afternoon, still listed Mr. Sarmiento among the 24 witnesses set to appear once the impeachment trial resumes.
It is unclear whether witnesses can decline subpoenas to appear. Reginald V. Tongol, spokesperson for the Senate impeachment court, did not immediately respond to reporters’ Viber messages for comment.
The defense panel said it has “no answer” to BusinessWorld queries about their plans following Mr. Sarmiento’s refusal to appear as a witness.
Mr. Tapia said the challenge for the defense is not simply finding a new witness. They must reassure the impeachment court and public that there will be no further difficulties because the Vice-President’s case is coherent and well-prepared. — Francessca S. Abalos