Sarmiento wary of taking sides

Constitutional law professor Ralph Sarmiento said Tuesday he agreed to provide legal interpretations in Vice President Sara Duterte’s impeachment trial only as an independent academic, clarifying that he did not consent to testify as a defense witness.

Sarmiento said presenting his constitutional views as defense evidence could create the impression that he was taking sides, compromising his independence as a legal scholar.

“I intimated that I’m willing if the court will subpoena me for the purpose of examining my constitutional interpretations. But it should be as an independent academic,” Sarmiento said in an interview.

His clarification came after defense spokesperson Michael Poa said the team initially understood that Sarmiento was willing to testify as long as he would be treated as an independent witness.

Poa said the defense sought a subpoena because it wanted Sarmiento to explain the constitutional and legal framework of the impeachment case while maintaining his independence.

But Sarmiento said he immediately informed the defense team that appearing as its witness would give his legal opinions a different connotation.

“If I were to be presented as a witness for the defense where my testimony or constitutional interpretations will be presented as part of the defense’s evidence, it would create the impression that my constitutional interpretations are being presented to advance the cause of one side,” he said.

He said the defense understood his position and agreed to withdraw its subpoena request.

Poa said the team respected the professor’s decision, although he admitted being disappointed that Sarmiento could no longer testify.

“Wala namang bad blood or anything. Kung ‘yon ang nararamdaman niya, ayoko rin naman siyang pilitin,” Poa said.

He maintained that Sarmiento’s withdrawal would not significantly affect the defense’s case, saying the professor had been expected mainly to provide the legal framework for its presentation.

Sarmiento said he would have welcomed being called as a friend of the court to offer independent constitutional analysis.

The defense had initially listed him as its first prospective witness for Article II, the remaining impeachment charge involving allegations of unexplained wealth, inaccurate asset declarations and prohibited business interests.

The defense subsequently withdrew its request for a subpoena. Senate impeachment court Presiding Officer Francis Escudero later clarified that no subpoena had been issued for Sarmiento.