Sara defense: No contact with Baste ahead of impeachment testimony

The defense team of Vice President Sara Duterte said it has had no communication with Davao City Mayor Sebastian “Baste” Duterte ahead of his scheduled appearance before the Senate impeachment court.

Defense lawyer and deputy spokesperson Atty. Justin Nicole Gular said the team learned of Baste Duterte’s subpoena only after the prosecution submitted its manifestation to the impeachment court and has not coordinated with the mayor since.

“We haven’t been in touch with him, to be honest. We’re only representing the Vice President and specifically sa impeachment. We don’t even know who will be representing Mayor Baste,” Gular said in a radio interview.

The impeachment court subpoenaed Baste Duterte to testify and produce records involving transactions between the Davao City government and Gencorp Industries, a company listed among Vice President Duterte’s declared business interests in her Statements of Assets, Liabilities and Net Worth (SALN). 

House prosecution spokesperson Benjamin Tolosa Jr. said Saturday that the prosecution would ask the impeachment court to declare Baste Duterte a hostile witness.

Tolosa said Baste Duterte was being called because of his position as Davao City mayor and the prosecution’s interest in determining whether Gencorp had dealings with the city government.

Gular, however, said the defense has no role in preparing Baste Duterte for his appearance.

“We think it’s the discretion of the prosecution mag-decide kung kailangan nila ang testimonya at mga dokumento na dadalhin ni Mayor Baste,” he said.

He said the lack of communication was also consistent with how the defense handled the appearance of Poa, who was declared a hostile witness by the impeachment court earlier this month.

“For propriety sake, hindi din kami na-coordinate,” Gular said, referring to Poa’s appearance as a prosecution witness.

“Really dito kay Mayor Baste, wala talaga connection ang defense team sa kanya,” he added.

The subpoena covers government records and contracts involving Gencorp and establishments operating Jollibee branches in Davao City from 2020 to the present, according to the impeachment court’s order. 

Gencorp has been identified by the prosecution as relevant to its Article II presentation because Duterte herself listed an interest in the company in her SALN. Reports on the prosecution’s evidence said the company had transactions with the Davao City government during the period when Baste Duterte served as mayor. 

The prosecution has emphasized that Baste Duterte is being called as a witness and is not himself a respondent in the impeachment case. 

Tighter sub judice enforcement

Gular also acknowledged that the impeachment court is now actively enforcing its sub judice rule after it issued a show cause order against prosecution figures Rep. Terry Ridon and Tolosa over statements concerning the case.

He declined to comment on the merits of the show cause order, saying the defense had not been furnished with the grounds.

But he said the development showed that the court was implementing its directive against discussing matters pending before it outside the proceedings.

“This is the first time since the ruling of the presiding officer na nagpa-show cause order sa isang participant ng impeachment case,” Gular said.

He said the defense would remain careful in media interviews and would avoid discussing issues that should instead be argued before the impeachment court.

“Kung may gusto kaming talagang talakayin tungkol sa kaso, gusto po namin sa proceeding na mismo,” he said.