A senator-judge in Vice President Sara Duterte’s impeachment trial on Wednesday questioned whether there was a conflict of interest with defense lawyer Michael Poa representing the Vice President with regard to the use of confidential funds when he had previously represented her in private talks with Commission on Audit (CoA) officials.

The Senate court, however, swiftly ruled that no conflict of interest existed, which allowed Poa to continue to represent Duterte in this particular phase of the trial.

Senator-judge Raffy Tulfo raised the matter at the opening of the trial’s 13th day, citing testimony that Poa had previously participated in meetings with CoA officials regarding the liquidation of confidential and intelligence funds when he served under Duterte at the Department of Education and the Office of the Vice President.

“Isn’t there a conflict of interest with him representing her (Duterte) here while we’re talking about confidential funds when in fact, he himself went to the CoA office to talk to them?” Tulfo asked in Filipino and English, addressing presiding officer Sen. Francis Escudero.

Escudero rejected the argument, saying the impeachment case was against Duterte and not her lawyer.

“The respondent in this case, Senator-judge Tulfo, is the Honorable Vice President Sara Zimmerman Duterte,” Escudero said. “Attorney Poa is not a named respondent to this case and, in fact, he’s one of the lawyers of the respondent. I believe there is no conflict with respect to that given he is not the one on trial in this case.”

Poa had served as spokesperson of Duterte at the DepEd and held positions in the OVP. He resigned from the DepEd in July 2024, a month after Duterte left the Marcos Cabinet.

Former CoA Intelligence and Confidential Funds Audit Office auditor Roderick Wamil on Tuesday told the impeachment court that he attended a September 2023 meeting with Poa, OVP Chief of Staff Zuleika Lopez, and other CoA officials.

According to Wamil, Poa and Lopez sought clarification on the liquidation process for confidential funds and asked the auditors to issue an audit query rather than an Audit Observation Memorandum, a formal CoA document flagging possible deficiencies or irregularities in government transactions.

During Wednesday’s proceedings, Tulfo asked Wamil if he had felt intimidated during the meeting. Wamil replied that he had not.

The senator-judge also pressed the witness on the use of aliases by confidential fund informants, a key issue in the impeachment case. Wamil said the documents he reviewed did not indicate whether the names of informants were real or aliases.

Tulfo then asked about a reported notice of disallowance against the OVP. Wamil said he had no personal knowledge of such a document.

On questions related to supporting documents for confidential fund expenditures, Wamil said receipts for purchases of ordinary goods would not, in his view, compromise national security.

The prosecution panel backed Escudero’s ruling on Poa’s participation in the trial.

“I agree with the ruling of the presiding judge. He (Poa) is here in his capacity as a lawyer and lawyers are entitled to defend their clients,” private prosecutor Lorna Kapunan told reporters during a break in the proceedings.

Kapunan said Poa’s prior role in government did not prevent him from serving as counsel for Duterte.

“There is no conflict of interest, and I think it is ethical that he represents his client based on what he feels he should be doing,” she said.

Sought for his reaction, Poa deferred to the court’s ruling: “The presiding officer has ruled, so I think that’s settled.”A senator-judge in Vice President Sara Duterte’s impeachment trial on Wednesday questioned whether there was a conflict of interest with defense lawyer Michael Poa representing the Vice President with regard to the use of confidential funds when he had previously represented her in private talks with Commission on Audit (CoA) officials.

The Senate court, however, swiftly ruled that no conflict of interest existed, which allowed Poa to continue to represent Duterte in this particular phase of the trial.

Senator-judge Raffy Tulfo raised the matter at the opening of the trial’s 13th day, citing testimony that Poa had previously participated in meetings with CoA officials regarding the liquidation of confidential and intelligence funds when he served under Duterte at the Department of Education and the Office of the Vice President.

“Isn’t there a conflict of interest with him representing her (Duterte) here while we’re talking about confidential funds when in fact, he himself went to the CoA office to talk to them?” Tulfo asked in Filipino and English, addressing presiding officer Sen. Francis Escudero.

Escudero rejected the argument, saying the impeachment case was against Duterte and not her lawyer.

“The respondent in this case, Senator-judge Tulfo, is the Honorable Vice President Sara Zimmerman Duterte,” Escudero said. “Attorney Poa is not a named respondent to this case and, in fact, he’s one of the lawyers of the respondent. I believe there is no conflict with respect to that given he is not the one on trial in this case.”

Poa had served as spokesperson of Duterte at the DepEd and held positions in the OVP. He resigned from the DepEd in July 2024, a month after Duterte left the Marcos Cabinet.

Former CoA Intelligence and Confidential Funds Audit Office auditor