Senate Presiding Officer Chiz Escudero twice cut off Senator-judge Alan Peter Cayetano during his interjection on private prosecutor Reynaldo Robles regarding Vice President Sara Duterte’s confidential funds.
Cayetano pressed Robles on whether a special disbursing officer’s transfer of confidential funds to an unauthorized person could be deemed illegal.
“Assuming the SDO gave it to someone, whether a security officer or whatever the designation… You’d categorize it as illegal? Can you elaborate what’s the difference between irregular, illegal, unlawful?” Cayetano asked.
Escudero cautioned: “With the indulgence of Senator-Judge Cayetano, we might be treading on the counsel testifying already on facts not yet testified to by any witness they have called.”
He later clarified, citing Commission on Audit findings: “The COA stated that they issued a notice of disallowance on three quarters of the OVP confidential fund when they learned 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.”
Escudero also corrected Cayetano’s assertion on burden of proof: “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.” # (ZIA LUNA)
