The first witness lined up by Vice-President (VP) Sara Duterte-Carpio's defense counsel declined on Thursday to testify in her impeachment trial, even though he remains on the Senate impeachment court's official schedule of witness presentations.

Ralph A. Sarmiento, a law professor and former vice chancellor for administration at the University of St. La Salle, turned down the defense team's invitation to participate as a witness in the proceedings.

"This is a personal decision to preserve the independence of my constitutional law scholarship and the impartiality of my legal views and opinions," Mr. Sarmiento said in a Facebook post.

The defense announced Mr. Sarmiento as its first witness on Wednesday evening, saying his testimony would discuss "legal and constitutional principles" relevant to the impeachment case and Article II on allegations of unexplained wealth.

Ederson DT. Tapia, a political science professor at the University of Makati, said Mr. Sarmiento's refusal should not be interpreted as a rejection of the defense's legal arguments. Whether or not the professor appears, the defense must demonstrate that its constitutional arguments can stand on their own, he said.

"A constitutional defense should not depend entirely on the participation of a particular legal scholar," Mr. Tapia told BusinessWorld via Facebook Messenger. "It must rest on sound legal reasoning, established constitutional principles, and the evidence presented before the court."

He added, however, that Mr. Sarmiento's refusal to testify is still a setback that undermines the defense's preparation and coordination.

Mr. Sarmiento asked the defense to withdraw its request for a subpoena for his appearance or, if one has already been issued, to seek its recall by the Senate impeachment court.

Michael Wesley T. Poa, a lawyer and spokesperson for the defense counsel, said the team respects and understands Mr. Sarmiento, adding that it has already submitted its list of witnesses for Nov. 9 to 13.

The chamber's official witness schedule, released on Thursday afternoon, still listed Mr. Sarmiento among the 24 witnesses set to appear once the impeachment trial resumes. With proceedings set to pick up again within that Nov. 9 to 13 window, how the court handles his recall request — and whether his name stays on the list — is one of the immediate questions hanging over the resumption.

It is unclear whether witnesses can decline subpoenas to appear. Reginald V. Tongol, spokesperson for the Senate impeachment court, did not immediately respond to reporters' Viber messages seeking comment. The unresolved question now carries added weight for the defense, whose opening stretch of witness presentations was built around Mr. Sarmiento's scheduled appearance on the constitutional issues in Article II.

Asked about its plans following Mr. Sarmiento's refusal to appear, the defense panel said it has "no answer."

Mr. Tapia said the challenge for the defense is not simply finding a new witness. It must also reassure the impeachment court and the public that there will be no further difficulties because the Vice-President's case is coherent and well-prepared.

— Francessca S. Abalos / BusinessWorld

Source: BusinessWorld