THE presumption of innocence is the legal principle that a suspect is deemed innocent unless proven guilty, beyond reasonable doubt.

I have been exposed to this concept in our high school social studies and at home. My dad was a provincial fiscal. Although he avoided table conversation focusing on his work, enough work stories seeped about his cases over dinner.

It was after college that I learned on the elaboration of the concept based on the Latin maxim Ei incumbit probatio qui dicit, non qui negat (“the burden of proof is on the one who declares, not on one who denies”).

As a human rights advocate, presumption of innocence is a legal right of the accused in a criminal trial, and it is an international human right under the United Nation’s Universal Declaration of Human Rights, Article 11.

Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must collect and present compelling evidence to the trier of fact.

I compare President Rodrigo Duterte, a former prosecutor. However, unlike my Dad, Duterte never won any cases.

The other week, his narcolist included 164 personalities has been tagged in the illegal drugs in separate occasions.

None included any suspects in Bacolod. Yet, the Bacolod City Police Office (BCPO) on March 12 confirmed that the Philippine Drug Enforcement Agency (PDEA) has declared all 61 barangays in the city as “illegal drugs affected.”

Huh? The BCPO and the PDEA are closer to the ground and could provide enough evidence to prove probable cause, the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant.

And now, Philippine National Police spokesperson Col. Bernard Banac noted that only administrative complaints had been filed so far against the 46 politicians in the list based on various “testimonies” and validation by law enforcement agencies.

“This means [that the politicians were found to be] either protectors (of those involved in the drug trade) or were negligent in allowing the spread of drugs in their areas,” said Banac. With this, they could declare probable cause against the mayor for being “negligent in allowing the spread of drugs” in Bacolod barangays.

Duterte has announced his second narcolist on Thursday, March14.

“If you tell the truth, you don’t have to remember anything.” So who’s telling the truth? The President who has never won any case? I’ll put my last buck on the law enforcers who insist that until proven enough on probable cause, Duterte’s names in his list is assumed innocent.

bqsanc@yahoomail.com