MANILA: The Senate impeachment court on Tuesday (Sept 29) declared Davao City Mayor Sebastian “Baste” Duterte (pic) a hostile witness.
The mayor took the witness stand on the 31st day of the impeachment trial of his sister, Vice President Sara Duterte.
After a motion from prosecution counsel Theodore “Ted” Te and the defence’s objection, Presiding Officer Chiz Escudero declared the witness hostile.
“Court therefore declares that the adverse interest of the witness has been established and declares him a hostile witness,” Escudero ruled.
The ruling allows the House prosecution panel to ask the mayor leading questions or questions answerable by yes or no during his testimony.
In laying the basis to characterise Baste’s testimony as “hostile or adverse to the prosecution,” Te said, “Mayor Duterte is the respondent vice president’s younger brother from the same set of parents.”
Citing Baste Duterte’s statement made in the past week, Te also said, “He has publicly prejudged this case as political prosecution. He characterises the proceedings as ‘so-called lawful.’ He has not volunteered his participation for the prosecution, and admits that he is present only because he was compelled to be here by the subpoena of the court.”
Defence counsel Justin Gular, however, commented saying that they think the prosecution was not able to qualify the witness as hostile. He said that political statements do not establish hostility towards the impeachment court.
According to Gular, the prosecution’s question that implies that Baste Duterte takes the same alleged position as the respondent is a “conclusion that was derived merely from the prosecution’s own perception, not by the testimony of the witness.”
“Just because the witness attended this hearing by virtue of a subpoena and that he admitted that he would not otherwise testify before this court without that subpoena does not qualify him as unwilling, as one that is unwilling to testify, Your Honor,” Gular added.
However, Escudero, prior to making the ruling, said the court takes judicial notice of Republic Acts 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees and 3019 or the Anti-Graft and Corrupt Practices Act “wherein should the allegations of the prosecution be proven, it might expose the mayor from liability together with the respondent after the fact.”
Baste Duterte was called to testify on Davao City government transactions with GenCorp Industries Inc., a company the vice president declared having business interest with in her 2024 and 2025 Statements of Assets, Liabilities and Net worth (SALNs).
The prosecution had sought to have Baste Duterte treated as a hostile witness amid his relationship with the respondent and previous statements denying knowledge of his sister’s interest in GenCorp and maintaining that the city government’s transactions with the company were properly processed.
Baste Duterte’s testimony is expected to focus on the city government’s dealings with GenCorp during his tenure as mayor.
In a statement issued last week, Baste said Davao City had 19 transactions with GenCorp worth P33.26 million (US$531,505). He said he and other city government officials and employees had no knowledge that the vice president held an interest in the company.
Baste also said neither “Sara Zimmerman Duterte” nor the surname “Duterte” appeared in GenCorp’s corporate documents submitted to the Securities and Exchange Commission in connection with the city’s transactions.
The GenCorp transactions are part of the prosecution’s presentation under Article II of the impeachment complaint, which includes allegations involving unexplained wealth, inaccurate asset declarations, and failure to divest business interests. - Philippine Daily Inquirer/ANN
