Presiding Officer Senator Francis “Chiz” Escudero reiterated that the prosecution panel maintains the sole obligation to establish guilt throughout the ongoing impeachment proceedings against Vice President Sara Duterte.
Escudero offered the legal clarification following an inquiry from Senate Minority Leader Alan Peter Cayetano, who addressed prosecution counsel Atty. Rey Robles regarding potential infractions or fraudulent acts when a special disbursing officer transfers confidential funds to unassigned individuals.
“For a senator-judge like me, it is important to know whether it was an irregularity wherein we should caution or reprimand, or whether it is automatically fraud. And also for non-lawyers, it would be good to know, at some point, whether there’s a presumption that shifts,” Cayetano noted.
“For example, the prosecution made it very clear at one point earlier on na kapagka hindi ma-account, nag si-shift na ‘yung burden. So that’s very clear, di ba? So, halimbawa hindi na ma-account nag-shift ngayon sa prosecution. It’s not a conclusive presumption, meaning they can show na hindi na-account,” he remarked.
Responding to Cayetano’s points, Escudero distinguished between evidentiary presentation and the ultimate standard of proof, clarifying that legal responsibility does not migrate to the defense.
“For the record, to clarify, the burden of proof never shifts. The burden of evidence may shift, but the burden of proof does not. The burden of proof still lies with the prosecution, but depending on how the issue is presented, the burden of evidence may shift, but the burden of proof never shifts,” the presiding officer clarified.
In response, Robles insisted that joint circular regulations governing confidential funds designate the special disbursing officer as the sole accountable authority, expressly prohibiting the transfer of such resources to non-accountable personnel.