Poa's testimony in VP Duterte's impeachment trial hinges on lawyer-client privilege

MANILA, Philippines — House prosecutors are bracing for impeachment defense counsel Michael Poa to invoke lawyer-client privilege when they question Vice President Sara Duterte's former Department of Education chief of staff over confidential fund transactions this week. Poa, who served as DepEd undersecretary, chief of staff and spokesperson during Duterte's tenure as education secretary, is now part of her defense team in the impeachment trial. The prosecution plans to ask the Senate impeachment court to declare him a hostile witness as it seeks answers on issues left unresolved during the House's 2024 investigation into Duterte's alleged misuse of confidential funds. Deputy Speaker Paolo Ortega V described Poa as a "central figure" in the confidential fund charge. "So hostile witness man si Atty. Poa o hindi, I believe he's one of the central figures po sa impeachment na ito at dito po sa article na ito," Ortega said during an online press briefing Monday. Poa could be the prosecution's first witness this week if two military officers scheduled ahead of him fail to appear. If the impeachment court grants the prosecution's request, Poa would be its third hostile witness after former Office of the Vice President special disbursing officer Gina Acosta and Assistant Secretary Lemuel Ortonio. Poa has said he is willing to testify on matters involving his stint at DepEd but may invoke lawyer-client privilege when necessary on matters connected to his current role as Duterte's counsel. Ortega said prosecutors have prepared for that possibility. "Kung hiningi ng prosecutors o ng prosecution team na maging parte po siya sa roster of witnesses, kahit na hostile witness po siya, ibig sabihin nakahanda po 'yung team para po sa kahit anong bagay na kanyang maaaring sabihin or i-invoke," Ortega said. House Committee on Human Rights chairperson and Rep. Benny Abante Jr. (Manila) said prosecutors are calling Poa over what he knew as a senior DepEd official, rather than simply because he is now part of Duterte's legal team. "Ang gusto natin malaman, ano ang alam niya tungkol sa pinagagawa ng ating Vice President, particularly sa confidential funds," Abante said. Among the issues expected to figure in Poa's testimony are military certifications used in DepEd's response to Commission on Audit findings involving around P15 million in confidential fund expenditures, including activities linked to Youth Leadership Summits. During the 2024 House inquiry, former DepEd Undersecretary Nolasco Mempin testified that he obtained military certifications at Poa's request while the department was preparing its response to the audit findings. Ortega said the impeachment court could now address questions that remained unresolved during the House investigation. "Ngayon nasa impeachment court tayo and I believe na ito po 'yung proper forum para po mabigyang-linaw 'yung mga tanong," he said. Ortega also argued that Poa could provide more information relevant to the confidential fund charge than Col. Raymund Dante Lachica, the former OVP security officer who received confidential funds from Acosta upon Duterte's instruction. "Dahil sa tingin ko, at the end of the day, mas marami pong information na alam si Atty. Poa kaysa po kay Lachica," Ortega said. The prosecution is presenting evidence under Article I, which accuses Duterte of misuse, misappropriation and irregular liquidation of P612.5 million in confidential funds. The amount covers P500 million released to the OVP from December 2022 through the first three quarters of 2023 and P112.5 million released to DepEd in 2023.