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Possible conflict flagged as Duterte lawyers may be witnesses in impeachment case

Vice President Sara Duterte
Vice President Sara DutertePHOTOGRAPH COURTESY OF SC
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A senior House lawmaker on Tuesday raised concerns over a potential conflict of interest after two members of Vice President Sara Duterte’s legal team in the ongoing impeachment proceedings were identified as possible witnesses in matters related to the handling of confidential funds.

Rep. Terry Ridon, chair of the House Committee on Public Accounts and a member of the House Committee on Justice, said the inclusion of Michael Poa and Reynold Munsayac in Duterte’s defense panel raises serious questions because both individuals had direct involvement in issues surrounding the confidential funds of the Office of the Vice President and the Department of Education.

“The presence of potential witnesses in the Vice President’s legal team raises serious ethical and procedural questions,” Ridon said. “If these lawyers possess firsthand knowledge of the transactions or decisions under scrutiny, they may eventually have to testify under oath.”

The congressman noted that Michael Poa served as spokesperson of the Department of Education when Duterte was secretary of the agency.

During that time, the Department of Education received hundreds of millions of pesos in confidential funds, which later became the subject of congressional scrutiny over how the funds were disbursed and liquidated.

“As DepEd spokesperson at the time, Mr. Poa was the official who repeatedly explained and defended the use of confidential funds before the public and the media,” Ridon said.

“That position places him close to the policy decisions and internal processes governing the use of those funds. It also means he may possess material information relevant to the impeachment complaints.”

According to Ridon, Poa may be called upon to clarify how the Department of Education implemented the confidential fund program, who authorized expenditures and what internal documentation supported the liquidation of the funds.

The lawmaker also pointed to lawyer Reynold Munsayac, another member of Duterte’s legal team, who may likewise possess knowledge relevant to the investigation into the confidential funds and Department of Education procurement.

Munsayac previously served as spokesperson of the Vice President and as Department of Education assistant secretary for procurement.

“If there were questions regarding the preparation of documents, compliance with auditing rules, or the legal justification for certain transactions, individuals involved in those processes could be asked to testify.”

Ridon explained that in legal proceedings, lawyers who may become material witnesses are often required to withdraw from representing a client to avoid conflicts between advocacy and testimony.

“A lawyer cannot simultaneously act as an advocate and a witness in the same case without raising serious ethical concerns,” Ridon said.

“If the impeachment proceedings determine that Mr. Poa or Mr. Munsayac has material knowledge relevant to the charges, the proper course would be for them to testify as witnesses rather than serve as counsel.”

The impeachment complaints against Duterte include allegations related to the use and liquidation of confidential funds allocated to both the Office of the Vice President and the Department of Education.

House investigators have been examining whether the funds were used for legitimate intelligence-related activities and whether liquidation documents complied with existing auditing and accounting rules.

Ridon said the presence of individuals with possible firsthand knowledge within the Vice President’s defense panel could ultimately strengthen the fact-finding process.

“If these lawyers indeed have knowledge of how the confidential funds were used, then their testimony could be crucial in establishing the full picture of what transpired,” he said.

“The goal of the impeachment process is to uncover the truth. Anyone with relevant information may eventually be called to help establish that truth.”

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