House prosecutor and Manila Rep. Joel Chua said not all witnesses listed by the prosecution in the impeachment trial of Vice President Sara Duterte are expected to testify voluntarily, adding that some may be summoned as unwilling or hostile witnesses.
“Kaya nga po meron tayong tinatawag na unwilling or hostile witness. Hindi naman lahat ng mga ipi-presenta doon ay willing,” he said in a radio interview.
The solon issued the clarification after former court sheriff Abe Andres, who was included in the prosecution’s witness list, said on social media that he did not want to be dragged into what he called “partisan political matters.”
Andres was the sheriff involved in a 2011 demolition incident in Davao City, where Duterte, then city mayor, punched him. The incident is among the events cited in the Articles of Impeachment.
He said being included in the witness list does not automatically mean a person will be called to testify during the trial.
“‘Yung mga nilista po namin doon, not necessarily po lahat ’yan ay ipapatawag agad-agad,” he said.
“Lahat po ’yan, nilagay lamang po namin in the event na kailanganin pa ang kanilang testimonya. Pero kung dumating sa punto na sa tingin namin ay matibay na ‘yung testimonya at hindi na sila kakailanganin, eh malamang sa malamang ay hindi na rin naman sila ipatawag,” he added.
Chua said the Senate impeachment court has the authority to compel witnesses to appear if prosecutors determine that their testimony is necessary.
Asked whether the prosecution would seek subpoenas for witnesses who refuse to testify, the lawmaker said: “Isa-subpoena sila.”
He added that some individuals in the prosecution’s witness list are aligned with Duterte’s camp and may be treated as hostile witnesses.
“Kasi ’yung iba naman doon hindi naman namin masasabing testigo namin kundi magiging hostile witness sila kasi sila ay nasa panig ng depensa. Pero kinakailangan na marinig ‘yung kanilang testimonya dahil ito ay magdadagdag sa mga gusto pong patunayan ng prosecution,” he said.
Chua cited former Department of Education spokesperson Atty. Michael Poa, now one of Duterte’s defense lawyers, was among those included in the prosecution’s list.
“Nakalista rin po siya. Kaya hindi naman lahat ng nililistang witness ibig sabihin eh gusto, kaya nga may tinatawag tayong unwilling or hostile witness,” he said.
The Senate impeachment court is scheduled to begin the trial proper on July 6. Under impeachment rules, the court may issue subpoenas to compel the attendance of witnesses and the production of evidence during the proceedings.