PASAY CITY, Philippines — Following 32 hearing days covering three of the four articles of impeachment, prosecution panel member Atty. Lorna Kapunan stated that the burden of evidence now rests on the defense team of Vice President Sara Duterte.
Speaking to reporters during a post-hearing media briefing on Thursday, October 1, Kapunan emphasized that the Vice President’s lawyers are now tasked with addressing allegations regarding undeclared properties and 51 firearms belonging to Duterte and her husband, Atty. Manases “Mans” Carpio.
Kapunan noted that the prosecution has presented substantial testimony, documentation, and witness accounts under Article II of the impeachment charges, which accuses Duterte of betraying the public trust and violating the Constitution through unexplained wealth and non-declaration of assets in her Statements of Assets, Liabilities, and Net Worth (SALNs).
“The burden of evidence has shifted to them. Kanya linawin natin na ang prosecution, wala na ang burden of proof sa amin. Burden of evidence nasa kanila,” Kapunan told reporters.
The veteran litigator added that the defense must prove that the contested assets were indeed accounted for, despite being missing from the official filings.
“Kagaya nang ipinakita ng prosecution na hindi nila dineclare sa SALN ‘yung properties na ‘yan. So, who has the burden of evidence? Sila! Sila ang magpatunay na nandun, ‘di nyo lang nakikita. Siguro nandun, ‘di niyo lang nakikita, iba ‘yung address,” she said.
Kapunan also brought up the 51 firearms registered to the couple, which prosecution estimates value at roughly ₱7 million.
“Pati ‘yung firearms na ‘yan, sabi nila ₱7 million lang ‘yan. Hindi ‘yun. Seven million pero 51 firearms, hindi mo dineclare sa personal assets. Oh ‘di burden of evidence nasa inyo. Patunayan nyo na honest mistake, good faith,” she stated.
She underscored that the evidence gathered by the prosecution now obligates the defense to refute allegations that these omissions were deliberate.
“So, the evidence now has shifted to their side. So on the part of the prosecution, nagagalak kami na nandyan na, nakalantad na ang evidence ng prosecution. Sila na ngayon ang burden of evidence to disprove us,” Kapunan stressed.
Since the Senate impeachment trial commenced on July 6, the prosecution has concluded its arguments on Articles I and IV, which concern the alleged misuse of ₱612.5 million in confidential funds and reported death threats made against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and Leyte 1st District Representative Martin Romualdez.
The tribunal has yet to tackle Article III, which covers allegations of bribery involving Department of Education officials during Duterte’s tenure as Education Secretary from June 2022 to July 2024.