The burden of proof shifts to the respondent once prima facie evidence has been established against a public official who has been charged with unexplained or ill-gotten wealth.
This was the opinion of former Sandiganbayan presiding justice Amparo Cabotaje-Tang as the impeachment trial of Vice President Sara Duterte entered its 24th day on Monday.
Cabotaje-Tang gave the opinion after Senator-Judge Sherwin Gatchalian asked if the respondent has to prove that the alleged unexplained wealth was legally acquired.
Cabotaje-Tang said for someone to be charged with acquiring unexplained wealth, the Supreme Court ruled that it must first establish that the respondent is a public officer, and that during his incumbency has acquired property that is “manifestly disproportionate to his lawful income.”
Gatchalian asked: “Let’s say merong nakitang unexplained wealth. Sino po ang dapat mag-prove nitong unexplained wealth? … Does the respondent have to prove that it is not unexplained wealth?”
Cabotaje-Tang replied: “Yes po, because this time, because of this prima facie presumption na unlawfullu acquired property, the burden of proof now shifts to the official to show that he has legitimately acquired those properties alleged to be unlawfully acquired
Gatchalian said unexplained wealth are not normally declared in the Statement of Assets, Liabilities, and Net Worth which may be hard for investigators to prove their existence.
“Hindi niya dineclare sa SALN niya, pero yun ang ginagamit niyang defense for his unexplained wealth. Is that acceptable? Can that be accepted?
(He did not declare them in his SALN and used it as defense for his unexplained wealth. Is that acceptable? Can that be accepted?)” he added.
Cabotaje-Tang said it is not acceptable since a respondent must satisfactorily explain how he acquired the unexplained wealth, otherwise “that will serve as a ground for removal or dismissal” from office according to RA 1379 or Forfeiture of Unlawfully Acquired Property Act or the Unexplained Wealth Act.