Defense counsel Atty. Michael Poa said the defense may consider available legal remedies if the Senate impeachment court’s ruling on the required two-thirds vote is later challenged or reversed.
Speaking during the defense press conference on Tuesday, September 8, after Day 23 of the impeachment trial, Poa said the defense does not want to preempt the process on Senator-judge Erwin Tulfo’s motion, but wants to ensure that any future decision may be properly questioned through available legal channels.
“Any legal remedy, depende po yan kung ano yung available remedies at that time. So ayoko naman munang i-pre empt kasi hindi pa nagsisimula yung proseso dito sa naging motion ni Sen. Judge Tulfo,” Poa said.
He added that both the defense and prosecution would have legal remedies available should either side decide to question a ruling.
Poa was also asked about the defense’s position on the possible appearance of Vice President Sara Duterte as a witness, following lead counsel Atty. Sheila Sison’s invocation of the constitutional right against self-incrimination.
Poa declined to categorically state whether the defense considers the possible subpoena unconstitutional, saying the issue would be addressed in their formal response if the Senate impeachment court issues one.
“We have our position on the matter. Ayaw namin i-preempt kasi yung ilalagay namin sa aming comment kung sakaling mapatawag nga po by a subpoena, ang respondent in this case, which is the Vice President,” Poa said.
He stressed that the defense would present its objections or comments “when the proper time comes,” as the Senate impeachment court considers the prosecution’s move to have Duterte appear as a witness.
