Michael Poa may invoke lawyer-client privilege at VP Sara's impeachment trial — solon

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MANILA, Philippines — A House leader expressed concern over former Office of the Vice President (OVP) spokesperson Michael Poa joining Vice President Sara Duterte’s legal team in her petition challenging the impeachment. They worry this could prevent him from testifying at the trial.

A day after the Supreme Court confirmed Poa’s appearance as Duterte’s co-counsel, House Assistant Majority Leader Jude Acidre (Tingog Party-list) said he expected this, adding that Poa may invoke lawyer-client confidentiality to avoid testifying at the trial.

“Makikita po natin ang isa na namang attempt to deflect,” he said at a press conference on Tuesday, March 4. 

“Pero sa tingin ko dito, sa hakbang na ito na ginawa ng kampo ni VP Duterte, sa tingin ko pagpigil ito para kay Mike Poa na tumestigo sa impeachment court at magsabi ng totoo,” Acidre added. 

(We can see yet another attempt to deflect. But I think this move by VP Duterte's camp is meant to prevent Mike Poa from testifying in the impeachment court and telling the truth.)

Philstar.com reached out to Poa to ask if he would join Duterte’s legal team for the trial and whether he would testify if called by the impeachment court. This story will be updated with his response.

While it is true that Poa can invoke lawyer-client privilege, constitutional law lecturer Antonio “Tony” La Viña said this doesn’t prevent the court from compelling him to testify.

“Well theoretically, he can still be compelled by subpoena to testify but he can invoke lawyer-client privilege on specific questions but not for all,” he told Philstar.com in a message.

Acdire also pointed out that Poa already had the opportunity to speak during the good government committee’s probe into the OVP and Department of Education’s (DepEd) alleged misuse of confidential and intelligence funds.

Poa, who served as spokesperson for both agencies under Duterte’s leadership, revealed in a November 2024 hearing that his contract had been pre-terminated, saying it was a “mutual decision” between him and Duterte.

He stepped down as the OVP’s consultant at the height of the congressional probe, when several former DepEd officials claimed they had received monthly cash envelopes from Duterte during her time as secretary.

RELATED: Sara Duterte's spokesperson confirms exit from OVP

However, Poa also answered some of the committee's questions when he testified at the House hearing, even while working under the OVP at that time.

What Poa shared at the probe

Poa admitted in one of the hearings that he sought the help of former DepEd Undersecretary Nolasco Mempin in justifying the agency’s P15.54 million confidential expense, which state auditors disallowed in 2023. The justification was linked to the military’s “youth leadership summits.”

Mempin, a retired general, requested four certificates from the Philippine Army to document the summits. He said his former classmates signed them off. 

Two commanders also confirmed issuing the certificates but said they were unaware they would be used to justify the disallowed confidential expense. However, the Philippine Army said it did not use DepEd funds to conduct the summits.

Impeachment trial updates 

Senate President Chiz Escudero recently released a tentative schedule for Duterte’s impeachment trial. The process would begin in June with the approval of rules and presentation of the articles of impeachment, followed by the formal convening of the court.

Pre-trial proceedings are set to take place from late June to July, while the actual impeachment trial is scheduled to start on July 30, after newly elected senator-judges take their oath for the 20th Congress.

However, calls persist for the impeachment trial to begin even during recess. House prosecutors also warn that further delays could lead to evidence tampering and witnesses backing out due to fear.

Beyond public calls to proceed with the trial, the impeachment also faces legal challenges at the Supreme Court. Two petitions seek to nullify Duterte’s impeachment and halt the trial, citing alleged constitutional violations.