Burden of Proof vs Evidence in Duterte-Carpio Impeachment Critique
Burden of Proof vs Evidence in Duterte-Carpio Impeachment Critique Amiel Gerald A. Roldan™ November 4, 2026 Burden of proof remains fixed on the prosecution throughout; burden of evidence can shift tactically once a prima facie case is made. The prosecutors’ reported framing—that certain claims were viewed as “meritless” yet continued prosecution would “divert significant time and attention from more substantial national interests”—must be assessed against that distinction, the sui generis character of Philippine impeachment, and the actual procedural posture of the Sara Duterte-Carpio case. Core Distinction in Philippine Evidentiary Doctrine In Philippine procedure (rooted in the Rules of Court and applied, with adaptations, in the Senate sitting as an impeachment court), two related but distinct concepts operate: - Burden of proof (*onus probandi*) is the permanent obligation to establish the ultimate proposition—that the respondent committed an impeachable offense warranting remova...
