DAVAO City Mayor Sebastian “Baste” Duterte could face hostile-witness questioning when he appears before the Senate impeachment court, with House prosecutors planning to seek such a declaration as they examine the business interests of his sister, Vice President Sara Z. Duterte.
House prosecution legal spokesperson and counsel Benjamin “Jay” Tolosa Jr. said Saturday the mayor’s testimony is being sought under Article II of the Articles of Impeachment, which involves allegations of unexplained wealth and questions surrounding the Vice President’s declared financial interests.
“We will ask the court to declare him as a hostile witness,” Tolosa said at the Saturday News Forum at Dapo Restaurant in Quezon City.
A hostile-witness declaration would allow prosecutors to use leading questions in examining Duterte, subject to the impeachment court’s approval.
“If you’ll be able to show that ’yung interest of the witness are adverse to the party calling him, then ma-qualify ho siya as a hostile witness,” Tolosa said.
Duterte is among the witnesses prosecutors asked the court to summon as they move beyond the Vice President’s Statements of Assets, Liabilities and Net Worth (SALNs) and into corporate and other government records.
“Tama po ’yan. Kasama siya doon sa mga witnesses na nakalista doon sa request for issuance of subpoena na sinumite ng prosecution last week,” Tolosa said.
The impeachment court subsequently issued a subpoena directing Duterte to testify.
Prosecutors are particularly looking into Gencorp Industries Inc., a company in which the Vice President reported a financial interest in her SALNs.
They want to determine whether Gencorp had transactions with the Davao City government during Sebastian Duterte’s tenure as mayor and, if so, establish the circumstances surrounding those dealings.
The prosecution has clarified that the mayor is being summoned to provide evidence and is not himself being accused of wrongdoing in the impeachment case.
Whether prosecutors will be permitted to treat Duterte as a hostile witness will be determined by the senator-judges after the prosecution makes its request and establishes the basis for it.
Duterte was initially ordered to appear Sept. 23, although the schedule could be adjusted because the impeachment court is also set to hear the prosecution and defense on the disputed number of votes required to convict the Vice President.
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