Saturday, September 2, 2017

Lawyer explains why Karen Davila is wrong for saying Duterte-Carpio needs to clear name at Senate

Karen Davila, during her broadcast, said that Davao Vice City Mayor Paolo Duterte and his brother-in-law Atty. Manases Carpio should attend the committee hearing on the Bureau of Customs (BOC) controversies in order to clear their name.

However, Atty. Trixie Cruz-Angeles says it is wrong of Davila to urge the two figures to attend the hearing as it presupposes their guilt in the case.

Instead, it should be the figures accusing Duterte and Carpio of being linked to the BOC controversy that should present and justify their evidence.

Angeles argues that what Davila seeks from Duterte and Carpio is against the presumption of innocence provided by the Constitution.

In her full post on Facebook, Angeles said,

"Karen Davila says that Paolo Duterte and Mans Carpio need to go to the senate to clear their names because they were mentioned by a witness.

What she is doing here is saying that because their names were mentioned, they are presumed guilty and they now have the burden to clear their names?

They have no such burden.

The accuser must prove guilt. The person who asserts a fact must prove it. Sen. Trillanes believes the two are guilty? Then he must have evidence to show that. Trillanes asserts that Paolo Duterte is connected to Taguba? Then he must prove it. Hearsay evidence proves nothing.

The problem is, Ms. Davila wants the two to prove their innocence. Forgetting that innocence is presumed, and this presumption is guaranteed by the constitution.

The two do not have anything to prove. It is Trillanes who needs to prove that his suspicions warrant some kind of compulsion to force the two to come to the senate.
You have it backwards, Ms. Davila.

One last thing. As my friend Xc A Marin points out, the senate is a legislative body. It is not a court. A court is where you prove guilt or innocence and ... ahem... clear your name once and for all. :)


Source: Atty. Trixie Cruz-Angeles
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