MANILA – House prosecution panel adviser and spokesperson Robert Ace Barbers said on Tuesday that the prosecution’s initial presentation of evidence in the impeachment trial of Vice President Sara Duterte has shifted the burden of evidence to the defense in relation to the disbursement and liquidation of the P612.5 million in confidential funds released to the Office of the Vice President (OVP) and the Department of Education (DepEd).

Barbers made the statement following the testimony of former Commission on Audit (COA) Intelligence and Confidential Funds Audit Office (ICFAO) state auditor Roderick Wamil before the Senate impeachment court on Monday.

“Well, sabi ko nga, itong nangyari kahapon na hearing, ‘yung burden, in my opinion, the burden of evidence shifted to the defense panel,” Barbers told reporters.

During his testimony, Wamil said the OVP’s original and revised liquidation documents did not fully establish the identities of recipients, the specific confidential activities undertaken, and the supporting documents for several disbursements.

He testified that acknowledgment receipts formed part of the 845 documents submitted by the OVP to liquidate its first P125-million confidential fund release covering Dec. 21 to 31, 2022, and confirmed that the receipts presented before the impeachment court were among those submitted during the COA audit.

The prosecution also presented 10 additional names listed as recipients of confidential fund disbursements — Renan Piattos, Nova Santos, Mico P. Harina, Janice Marie Revilla, Patty Ting, Andy Lim, Alejandro Pikit, Feonna Biong, Sisfrunio Balsac and Gabriel Bisaya — in addition to the previously questioned “Mary Grace Piattos.”

According to Barbers, the findings formed part of the basis for the COA’s Notice of Suspension covering the OVP’s liquidation of its initial P125-million confidential fund release.

He said the defense would need to present evidence to rebut the prosecution’s allegations, including establishing the identities of the listed recipients and explaining the intelligence information or services they allegedly provided.

Barbers added that the Senate, sitting as an impeachment court, would ultimately determine whether the prosecution had sufficiently established its allegations and whether the defense had successfully refuted them.

He said the key issue remains whether the confidential funds were used for authorized purposes and where the public funds ultimately went.

Vice President Duterte has denied any wrongdoing and maintains that the confidential funds were lawfully used in accordance with existing rules./PNA