The defense team of Vice President Sara Duterte said on Tuesday, Aug. 25, that it has yet to decide whether Col. Raymund Dante P. Lachica will be presented as a witness in her ongoing impeachment trial, stressing that the decision will depend on the evidence and theory ultimately presented by the prosecution.

“For the part of defense, we will just react to what the prosecution has presented,” defense spokesperson Michael Poa said during a press briefing.

“If we believe there are points that need clarification, or defenses that we need to present during our turn to offer evidence-in-chief, then that will determine which witnesses we will bring forward,” he added.

Whether a witness is ready to testify or not, Poa said, the decision to call a witness ultimately rests with the parties involved.

Meanwhile, Lachica expressed readiness to testify and “tell the truth” if lawfully called. In a statement issued by the Office of the Vice President (OVP), he said he has never refused to testify and is prepared to appear if lawfully required.

“I have never refused to appear or testify; if lawfully called, I am prepared to tell the truth, subject to applicable laws and security restrictions,” Lachica said.

Asked whether Lachica could be considered a “missing link” in the prosecution's case against Duterte, Poa said the matter would ultimately depend on the prosecution's theory and what it believes it needs to prove.

“It depends on the prosecution’s theory. I don’t want to put words in their mouths,” Poa said in a mix of English and Filipino.

“If they believe that, based on the evidence presented so far, they have already proven that wrongdoing occurred that constitutes an impeachable offense, then perhaps there is no longer a need for additional evidence,” he said. “But if they believe they still need to establish a link, then maybe that would be the time to do so,” he added.

He stressed that both the prosecution and the defense have their respective theories of the case and must determine what evidence is necessary to support their positions.

“It’s the prerogative of the parties, both the prosecution and the defense,” Poa said.

“We each have our own theory of the case, so we determine what we need to prove—either that an impeachable offense was committed or that the Vice President should be acquitted,” he explained. “It really depends on the prosecution’s theory, so I cannot answer for them or speak about their theory,” he added.

Poa said the defense would respond to the evidence presented by the prosecution and determine which witnesses would be necessary when it is time to present its own case.

“The defense’s role is simply to respond to what the prosecution has presented,” he said.

He explained that the defense's choice of witnesses would depend on the points it needs to clarify and the evidence it needs to present.

“If we believe there are points that need to be clarified or defenses that we need to present when it is our turn to present evidence, that is when we will determine which witnesses we will call,” Poa said.

He added that the defense would decide whether Lachica or any other individual would testify based on whether their testimony would be integral to Duterte's defense.

“If we believe that presenting a witness—whether it is Col. Lachica or someone else—is integral to our defense, we will make that decision after the prosecution rests its case,” he said.

Poa noted that the parties will have an opportunity to rest their cases after the presentation of evidence on each article of impeachment.

The impeachment trial is currently proceeding under Article I, and Poa said the defense could not yet make a definitive announcement about the witnesses it would present because the prosecution has not yet completed its presentation.

“Since Article I has not yet been completed, we cannot yet say who we will present,” Poa said. “Although, of course, even before we entered this trial, we already had a ‘working draft’ or framework of the witnesses we might want to present, but that will still be subject to change depending on the prosecution’s presentation,” he added.

The impeachment trial is currently proceeding under Article I, which concerns allegations of the misuse, misappropriation, and irregular liquidation of confidential funds under the OVP and the Department of Education (DepEd).