Senate Impeachment Court declares Poa a hostile witness as tensions flare

Senate Impeachment Court declares Poa a hostile witness as tensions flare

September 02, 20262 min read

MANILA, Philippines — The Senate Impeachment Court formally declared former Department of Education (DepEd) chief of staff and current defense counsel Atty. Michael Wesley Poa a hostile witness on Day 21 of the impeachment trial of Vice President Sara Duterte.

Presiding Officer Senate President Francis "Chiz" Escudero issued the ruling at the start of Wednesday's session, granting the House prosecution panel—led in examination by private prosecutor Atty. Benjamin "Jay" Tolosa Jr.—the right to cross-examine Poa and ask leading questions regarding the disbursement of PHP 112.5 million in DepEd confidential funds.

Clash Over Qualification and 'Intramurals'

Tensions mounted early in the proceedings when Tolosa began his examination by asking whether defense counsel would stipulate that Poa is an "experienced and highly competent lawyer".

Lead defense counsel Atty. Sheila Sison countered the line of questioning, asking if the prosecution intended to classify Poa as an expert witness and objecting to statements framing Poa as a lawyer who "knew nothing" about the confidential fund operationalization on the ground. Sison requested that the prosecution's characterisations be stricken from the record as unnecessary rhetoric.

Escudero sustained Sison's objection, ordering Tolosa's remarks removed from the official transcript and reprimanding the prosecution for wasting time on procedural disputes.

"Kindly proceed with your direct examination already and go direct to your points," Escudero instructed Tolosa, telling counsel to avoid unnecessary "intramurals" over witness competence.

Examination on PHP 112.5-Million Secret Funds

Following the procedural ruling, the prosecution pressed Poa on his role as DepEd chief of staff and spokesperson when responding to the Commission on Audit (COA) regarding the agency's 2023 confidential fund expenditures.

Tolosa questioned why Vice President Duterte tasked Poa with responding to COA Audit Observation Memorandums (AOMs) when Poa previously acknowledged having no direct personal knowledge of how the secret funds were spent or operationalized on the ground.

During questioning, Poa clarified that only the Vice President and designated special disbursing officers possessed direct, detailed knowledge of the specific operational usage of the confidential funds.

Escudero Proposes Shift to Full-Day October Schedule

Before adjourning Wednesday's trial session at around 3:46 p.m., Escudero announced a proposed new trial calendar that shifts the impeachment proceedings to full-day sessions starting in October.

Under the proposed schedule—subject to final confirmation by the Senate next week—the court will conduct full-day trial sessions from morning until early evening on October 1–2, October 5–9, and October 12–15. Full-day trial dates are also being eyed for November 9 and November 16, with normal programming expected to resume on November 23.

The shift to full-day trial sessions in October is intended to give way to plenary and committee deliberations on the proposed 2027 national budget, allowing the Senate to fulfill its legislative duty of passing the budget while avoiding a reenacted budget and keeping the impeachment trial on track for a year-end completion.

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