Dalawang beses ‘sinopla’ ni Presiding Officer Chiz Escudero si Senator-judge Alan Peter Cayetano sa interjection nito kay private prosecutor Reynaldo Robles hinggil sa isyu ng confidential funds ni Vice President Sara Duterte.
Tinanong ni Cayetanp si Robles hinggil sa paglabag ng isang special disbursing officer nang ibigay ang confidential funds sa isang hindi awtorisadong tao.
“Assuming the SDO nga gave it to someone, whether it is a security officer, whatever the designation ‘no. So that may operation sa field, ‘no? You’d categorize it as illegal? Can you elaborate what’s the difference between irregular, illegal, unlawful?” usisa ni Cayetano kay Robles.
“With the indulgence of Senator-Judge Cayetano, we might be treading on the counsel testifying already on facts that are not yet testified to by any witness they have called,” sabi ni Escudero.
“However, to answer the question of Senator-Judge Cayetano, the COA stated that they issued a notice of disallowance on the three quarters of the OVP confidential fund when they learned that it was given by Gina Acosta to Colonel Lachica. That was the basis of their issuance of a notice of disqualification. That would be based on the evidence,” paliwanag niya.
Klinaro naman ni Escudero ang naging pahayag ni Cayetano na “now the burden of proof shifts to the prosecution to show na: “ay hindi, irregular or may mali pero hindi ito fraud” hinggil kung ang isang transaksyon ay irregular o illegal.
“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 on the prosecution but depending on how the issue is presented, the burden of evidence may shift but the burden of proof never shifts,” paglilinaw ni Escudero.# (RRN)