Law professor Ralph Sarmiento declines to testify in Sara Duterte impeachment trial

A former law school dean has declined the invitation of Vice President Sara Duterte’s defense team to testify as its first witness in her impeachment trial, citing his need to remain independent as a constitutional law professor and legal analyst.

In a manifestation submitted to the Senate Impeachment Court on Wednesday, November 4, the defense requested the issuance of a subpoena for constitutional law professor and former law school dean Ralph Sarmiento.

But in a social media post on Thursday morning, Sarmiento said he could not testify for either side in the proceedings.

He said he had already communicated with the defense team, asking it to withdraw its subpoena request or, if one had already been issued, to ask the court to recall it.

In an interview on ANC, Sarmiento said he initially expressed willingness to testify, but only on constitutional and legal matters.

He said he was not personally familiar with the allegations against Duterte and therefore could not testify on the evidence or other factual matters related to the impeachment proceedings.

Duterte’s defense team spokesperson and lawyer Michael Poa said they respected Sarmiento’s decision and appreciated his initial consideration of their invitation.

Lead House prosecutor Gerville Luistro, meanwhile, praised Sarmiento, saying she was impressed by his position. She also expressed surprise that the defense team had apparently not established whether he was willing to testify.

The impeachment trial is set to resume at 10 a.m. on Monday, November 9, with the defense beginning its presentation of witnesses and evidence on Article II, which concerns the Vice President’s alleged unexplained wealth.

The defense has requested subpoenas for 24 other witnesses from November 9 to 13.

Among those named is Atty. Suzette Balucanag-Punay, corporate counsel of Gencorp Industries Inc. and Metro City Chow Foods Corporation, companies identified as business interests of the Vice President in her Statement of Assets, Liabilities and Net Worth (SALN).

The defense also wants to subpoena employees of the Davao City government, the Island Garden City of Samal, and various banks.

Senator Risa Hontiveros said the Senate Impeachment Court was preparing for the defense’s presentation, adding that there had been no discussions on setting a deadline for the proceedings.

Hontiveros also said it would not be inappropriate for Duterte to testify, but left it to the defense team to decide whether to call the Vice President to the witness stand.

Meanwhile, the Senate Impeachment Court confirmed that it had asked the Supreme Court, through the Office of the Solicitor General, to dismiss outright the petition filed by Senators Robinhood Padilla and Christopher “Bong” Go questioning the ruling on the voting threshold needed to convict Duterte.

In its submission, the Impeachment Court argued that its sole and exclusive power to try and decide impeachment cases necessarily includes the authority to resolve incidental questions on how the two-thirds voting threshold should be reckoned when some members are legally or physically unable to participate.

It also maintained that the court did not amend the Constitution in issuing its ruling. – ANC, The World Tonight, November 5, 2026