PHILSTAR: Through her lawyer Rodolfo Jimenez, Arroyo said the necessary elements of plunder under RA 2080 have not been established in the preliminary investigation conducted by the Office of the Ombudsman. He cited 21 cases wherein the SC upheld the existence of of reasonable doubt in acquitting an accused in a criminal case. In the case of People vs Avila, the SC held: "IT IS NOT THE DUTY of an accused to prove his innocence before the prosecution proves the his guilt, but rather it is the reverse, that is, THAT THE PROSECUTION MUST PROVE the guilt of the accused beyond reasonable doubt before the accused is put to proving his freedom and legal responsibility."
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