Atty. Antonio “Audie” Bucoy, a veteran litigator and member of the Free Legal Assistance Group (FLAG).
THE burden of evidence has shifted back to those pursuing allegations against former Speaker Ferdinand Martin G. Romualdez after his camp rebutted claims that large amounts of cash were delivered to him, according to a veteran litigator who said the defense has directly challenged the evidence initially presented against the Leyte lawmaker.⠀
Atty. Antonio “Audie” Bucoy, a veteran litigator and member of the Free Legal Assistance Group (FLAG) and the Movement of Attorneys for Brotherhood, Integrity and Nationalism Inc. (MABINI), made the legal assessment in an interview over dzBB on Wednesday.⠀
“Tama po. Nung nauna ho nung lumabas ‘yung eighteen (18) (maleta boys) tapos ay pinili ng Office of the Ombudsman ‘yung walo (8) na sinasabi nila na magpapatibay doon sa ano, katibayan ano, sa ebidensiya ang shift of burden of evidence po ay nagshift doon sa depensa o kay dating Speaker Martin Romualdez,” Bucoy said.⠀
“Subalit nung sinagot ito ng kampo ni dating Speaker Romualdez at pinabulaanan ‘yung mga naunang nabanggit na katibayan kontra kay Speaker Romualdez na sinasabi na nagkaroon ng delivery ng limpak-limpak na salapi sa kanya ano, ‘yung evidence po nag-shift muli sa prosecution. Bumalik muli sapagkat ito po ay patungkol sa kawalang sala ni dating Speaker Romualdez at tinutuligsa na pawang kasinungalingan ‘yung unang ebidensiya pabor sa prosekusyon,” Bucoy said.⠀“So, nag-shift ho ngayon ‘yung evidence ngayon balik ‘yan sa prosecution,” he added.
The Office of the Ombudsman has been investigating Romualdez over allegations linking him to supposed cash deliveries arising from anomalous flood-control projects, relying in part on accounts from former security personnel of former Ako Bicol Party-list Rep. Zaldy Co who claimed that suitcases of money were allegedly delivered to properties associated with the former Speaker.
Several individuals who initially implicated Romualdez have since recanted their allegations, including former Marine Orly Guteza, while Romualdez’s camp has also submitted sworn statements from other former drivers and security aides disputing the alleged cash-delivery narrative.
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Bucoy drew a distinction between the prosecution’s continuing burden to prove its allegations and the burden of evidence that can move between the parties as each side presents material capable of answering the other.
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“Kasi ganito ayon ho sa batas ah ang prosekusyon ang merong burden of proof o ‘yung ah, dapat nilang patunayan ‘yung kanilang alegasyon,” Bucoy explained.
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“Ok, so hindi ho nawawala ‘yan sapagkat meron hong presumption of innocence ah pagpapalagay ng walang kasalanan in favor of the accused,” he added.
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Romualdez has repeatedly denied the allegations and has asked the Ombudsman to dismiss the complaints against him, arguing that the recantations and counter-affidavits have undermined the factual basis of the accusations, while the Ombudsman has maintained that other witnesses and evidence remain under evaluation.
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“Yun hong burden of evidence it shifts dahil kung meron hong inprinisinta na ebidensya ‘yung, ang ah prosekusyon na kung hindi kokontrahin ay mas malamang na ma-convict ‘yung akusado eh ‘yun ho yung shift of burden of evidence,” Bucoy said.
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He said that once evidence capable of supporting an allegation is presented, the opposing side is expected to confront the material against it, but a successful rebuttal can send the evidentiary burden back to those making the accusation.
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“So, dapat ngayon tukuyin ng depensa kung ano ‘yung mga ebidensya na nagdidiin at nagpapatunay na ang inaakusahan ay may pananagutan,” Bucoy said.
