Executive Secretary Eduardo Ermita is expected to testify before the Makati Regional Trial Court on Thursday as a witness in the trial of Magdalo soldiers involved in the 2003 Oakwood mutiny.

Pursuant to the subpoena issued by Makati RTC branch 148 Judge Oscar Pimentel, Ermita is obliged to take the witness stand during the 9 a.m. resumption of the coup d’etat trial of the mutinous soldiers, led by Opposition Senator Antonio Trillanes IV.

The judge said Ermita is not excused from testifying, but clarified that the Executive Secretary can invoke executive privilege once he is asked of questions that will be detrimental to his position as the closest adviser of the President.

“Needless to say, the person who was subpoenaed by the Court has the duty to appear. He has no duty, however, to reveal whatever confidential matters or other matters that are covered by the mantle of executive privilege accorded to him by law. He cannot also testify on matters regarding those that would violate the Code of Conduct and Ethical standards of the public officers and employees,” Pimentel said in his order dated June 22, 2009, denying Ermita’s motion to reconsider the judge’s decision to issue subpoena against him.

According to defense counsel Ernesto Francisco Jr., Ermita’s previous appointment as the Presidential Peace Adviser on the Peace Process in 2003 will shed light on the reasons why the Magdalo soldiers, led by detained opposition Senator  Antonio Trillanes IV, took siege of the Oakwood serviced apartments on July 27, 2003 allegedly to air grievances on the purported corruption in the Armed Forces.

Aside from being the President’s action officer for the peacekeeping efforts at the Buliok Complex of the Linguasan Marsh in Pikit, North Cotabato, Ermita was also the Malacañang appointee tasked to accelerate talks with the Malaysian firm "Berhad" that is behind the purported establishment of a palm oil plantation in the area.