Escudero: Burden of proof lies with the prosecution

Senate impeachment court presiding officer Francis Escudero on Tuesday emphasized during the impeachment trial of Vice President Sara Duterte that the burden of proof never shifts from the prosecution.

Escudero said this after Senator-Judge Alan Peter Cayetano made an interjection, asking prosecution counsel Rey Robles whether there was any irregularity or fraud if the special disbursing officer transferred confidential funds to another person.

“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 said.

“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 added.

(For example, the prosecution made it very clear at one point earlier that when it is not accounted for, the burden would shift. So that's very clear, right? So, for example, when it is not accounted for, the burden shifted now from the prosecution. It's not a conclusive presumption, meaning they can show that it is not accounted for.)

Escudero, however, clarified that the burden of proof never shifts from the prosecution.

“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 said.

Robles maintained that under the joint circular governing confidential funds, the special disbursing officer is responsible for disbursing the funds and should not transfer it to another person who is not an accountable officer. — RSJ, GMA News