Metro Manila, Philippines – The Impeachment Court declared defense spokesperson Michael Poa a hostile witness in the trial of Vice President Sara Duterte, as the prosecution moved to summon the former education undersecretary over allegations of confidential fund misuse on Wednesday, Sept. 2
Presiding Officer Chiz Escudero made the ruling after lead defense lawyer Sheila Sison herself noted that Poa is a lawyer for the vice president, and that he would not obviously advocate for the prosecution.
“It is a matter of record that the witness is part of the defense team and one of the lawyers of the vice president, and it can be reasonably presumed that the witness will not provide on a plate the prosecution’s theory and conclusions,” Sison said.
The court then allowed the prosecution to ask leading questions to Poa.
Prosecution counsel and spokesperson Jay Tolosa conducted the direct examination of his opposing spokesman, while Sison represented the defense.
In his manifestation to the court, Tolosa described Poa as one of Duterte’s most trusted men, citing his work in relation to the vice president, including his role as former chief of staff of the Department of Education.
Poa was also former head of the agency’s procuring entity.
Tolosa said Poa answered for P112.5 million in confidential funds of DepEd, the amount spent in 2023 that the prosecution argued was misused.
The prosecution counsel also described Poa as an “abogadong walang alam” or a lawyer who knows nothing about the spending of confidential funds, triggering a strong objection from Sison.
“This witness, even while he has an obligation to answer relevant questions in this trial, he also has under the rules, Rule 132, certain rights. And one of those rights is to be protected from irrelevant and improper and insulting questions,” Sison said.
“When I said ang abogadong walang alam, what I meant was in Congress, he repeatedly said he totally knew totally nothing about the use and liquidation of the confidential funds,” Tolosa responded, apologizing to Poa if he felt offended by the statement.
Escudero ruled that Tolosa’s remarks be stricken from the record.
In his offer of testimony, Tolosa also mentioned that Poa “tried to soften the audit” on the liquidation of DepEd’s confidential funds by asking the Commission on Audit to issue an audit query instead of an audit observation memorandum.
Tolosa was citing a previous testimony of state auditor Roderick Wamil, who said Duterte’s staff – including Poa – made such a request in a meeting in September 2023.
