“Burden of evidence” shifted to defense on certain undeclared VP Sara assets — Kapunan

THE “burden of evidence” on certain assets Vice President Sara Z. Duterte allegedly failed to declare in her Statement of Assets, Liabilities and Net Worth (SALN) has shifted to the defense team.

Counsel for the prosecution Lorna Kapunan said the defense would now have to disprove that certain properties and 51 firearms supposedly owned by the Vice President and her husband, Manases Carpio, were not declared in their SALN.

“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 a post-trial news briefing Thursday.

“Sa mga prinisenta na testimony at documents at witnesses ng prosecution dito sa article na ito ay nag-shift na ‘yung burden of evidence,” she said.

She was referring to Article of Impeachment 2, which accuses the Vice President of allegedly betraying public trust and violating the Constitution by supposedly having unexplained wealth and allegedly not declaring certain assets in her SALN.

Kapunan cited certain undeclared properties, which she said the defense would now have to prove that they were declared.

“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.

She said the defense would also have to prove that the 51 guns allegedly worth P7 million were declared in the Vice President’s SALN.

“Pati ‘yung firearms na ‘yan, sabi nila P7 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. Kasi ngayon pinapakita ng prosecution na talagang itinago niyo or hindi niyo dineclair sa SALN niyo,” she said.

“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,” she stressed.