VICE President Sara Z. Duterte’s former Department of Education (DepEd) chief of staff Michael Wesley Poa is a “central figure” in her impeachment trial, and the House prosecution is prepared if he invokes lawyer-client privilege when he takes the witness stand this week, House leaders said Monday.
Deputy Speaker Paolo Ortega V of La Union said Poa’s testimony could help answer questions left unresolved during the 2024 House Committee on Good Government and Public Accountability inquiry into Duterte’s alleged misuse of confidential funds.
“Central figure po kasi siya, eh. So hostile witness man si Atty. Poa o hindi, I believe he’s one of the central figures po sa impeachment na ito at dito po sa article na ito,” Ortega said during an online press briefing.
Poa served as DepEd undersecretary, chief of staff and spokesperson during Duterte’s tenure as education secretary. He is now part of her defense team in the impeachment trial.
The prosecution is set to present Poa this week and will ask the Senate impeachment court to declare him a hostile witness.
If granted, Poa would be the prosecution’s third hostile witness after former Office of the Vice President (OVP) special disbursing officer Gina Acosta and Assistant Secretary Lemuel Ortonio.
Poa could be the prosecution’s first witness this week if two military officers scheduled to testify ahead of him fail to appear.
Asked whether Poa could invoke lawyer-client privilege because of his current role, Ortega said the prosecution has anticipated the possibility.
“Well, isa po ’yan sa pinaghahandaan ng prosecution,” Ortega said. “Kung hiningi ng prosecutors o ng prosecution team na maging parte po siya sa roster of witnesses, kahit na hostile witness po siya, ibig sabihin nakahanda po ’yung team para po sa kahit anong bagay na kanyang maaaring sabihin or i-invoke, or ultimately kung strategy man nila ’yon.”
Poa has said he is willing to testify on matters involving his time at DepEd but may invoke lawyer-client privilege when necessary on matters related to his role as Duterte’s counsel.
House Committee on Human Rights Chairperson and Manila Rep. Bienvenido “Benny” Abante Jr. said Poa is being called for what he knew as a senior official under Duterte, not simply because he is now one of her lawyers.
“Atty. Michael Poa is just part and parcel of the impeachment, but he is not the impeachable officer, alam naman natin ’yan, eh,” Abante said.
“Ang gusto natin malaman, ano ang alam niya tungkol sa pinagagawa ng ating Vice President, particularly sa confidential funds,” he added.
Among the issues expected to figure in Poa’s testimony are military certifications used in DepEd’s response to Commission on Audit findings involving about P15 million in confidential fund expenditures, including activities linked to Youth Leadership Summits.
During the 2024 House inquiry, former DepEd Undersecretary Nolasco Mempin testified that he obtained military certifications at Poa’s request as the agency prepared its response to the audit findings.
Ortega said the impeachment court is now the proper forum to clarify questions left unanswered during that inquiry.
“Ngayon nasa impeachment court tayo and I believe na ito po ’yung proper forum para po mabigyang-linaw ’yung mga tanong,” Ortega said.
He also believes Poa could provide more information relevant to the confidential fund charge than Col. Raymund Dante Lachica, the former OVP security officer who received confidential funds from Acosta upon Duterte’s instruction.
“Dahil sa tingin ko, at the end of the day, mas marami pong information na alam si Atty. Poa kaysa po kay Lachica,” Ortega said.
The prosecution is currently presenting evidence under Article I involving Duterte’s alleged misuse, misappropriation and irregular liquidation of P612.5 million in confidential funds — P500 million at the OVP covering December 2022 and the first three quarters of 2023, and P112.5 million at DepEd in 2023.
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