Senate impeachment court presiding officer Sen. Chiz Escudero stressed that the prosecution still carries the burden of proving the allegations against Vice President Sara Duterte, emphasizing that this responsibility cannot be shifted to the accused.
Escudero issued the clarification during the impeachment trial after Senator-Judge Alan Peter Cayetano asked whether the transfer of confidential funds from a special disbursing officer to another person would, by itself, amount to an irregularity or fraud.
“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,” Escudero said.
The clarification carries weight in the impeachment proceedings because the prosecution must present sufficient evidence to establish the allegations against Duterte. The defense, in turn, may challenge that evidence and put forward its own arguments and proof in response.
Duterte faces four articles of impeachment accusing her of misusing confidential funds, amassing unexplained wealth, committing procurement bribery, and making grave threats against top national leaders.
The Senate impeachment court has already held 21 days of proceedings and is considering whole-day trial sessions in October. Escudero said the possible schedule includes Oct. 1, 2, 5 to 9, and 12 to 15, with hearings beginning at 10 a.m. and running until “early evening” and, “on some occasion, exceed dinner time.”
No impeachment hearings will be held from Oct. 16 to Nov. 8. The trial is set to resume on Nov. 9 and 16 from 10 a.m. to 2:30 p.m., before returning to its regular schedule beginning Nov. 23.
Some impeachment prosecutors backed plans for longer trial days, saying whole‑day sessions could help both sides move through their evidence faster before the Senate shifts focus to the 2027 national budget.
