PEOPLE VS MANALO G.R. No. 107623 230 SCRA 309 February 23, 1994


PEOPLE OF THE PHILIPPINES vs. ANGELITA MANALO y DELA PAZ
G.R. No. 107623 230 SCRA 309 February 23, 1994

FACTS:

On June 21, 1990, Angelita Manalo was arrested for violation of sections 15 and 18 of Article III of the said law. A surveillance of Manalo's illegal activities was conducted by operatives of the Dangerous Drugs Enforcement Divison. They were able to establish that Manalo was conducting her illegal drug trade at Rotonda, Caniogan, Pasig. The Chief of DDED formed a buy-bust team. PO2 Corpuz acted as the poseur-buyer while the other operatives served as his back-up men. On January 24, 1992, the team proceeded to Rotonda, Caniogan, Pasig. At around ten o’clock in the evening, Corpuz casually approached the accused and said: "Paiskor ng piso" and handed to her a previously marked one hundred (P100.00) peso bill. Manalo reached out for the P100 bill and handed Corpuz a deck of "shabu." The transaction having been consummated, Corpuz signaled his back-up operatives to apprehend Manalo.
After her arrest, Manalo was brought to the police headquarters where a policewoman bodily searched her.  Consequently, Angelita Manalo was charged with violations of Republic Act 6425, particularly: Section 8, Article II for possession or use of prohibited drugs, and; Section 15, Article III for sale of regulated drugs without authority.
Accused-appellant contends that the trial court erred in finding the accused guilty beyond reasonable doubt, unmindful of the insufficiency of the evidence of the prosecution which failed to prove the identity of the methamphetamine hydrochloride alleged to be the object of sale and omitted to prove that the accused had no legal authority to sell the alleged regulated drug.

ISSUE:

Whether or not the prosecution has the burden to prove the charge.

RULING:

The general rule is that if a criminal charge is predicated on a negative allegation, or a negative averment is an essential element of a crime, the prosecution has the burden to prove the charge. However, this rule admits of exceptions. Where the negative of an issue does not permit of direct proof, or where the facts are more immediately within the knowledge of the accused, the onus probandi rests upon him. Stated otherwise, it is not incumbent on the prosecution to adduce positive evidence to support a negative averment the truth of which is fairly indicated by established circumstances and which, if untrue, could readily be disproved by the production of documents or other evidence within the defendant's knowledge or control. 



In the case at bar, where the accused is charged with the sale of a regulated drug without authority, the fact that he has a license is a matter which is peculiarly within his knowledge and he must establish that fact or suffer conviction.  The Court categorically ruled that although the prosecution has the burden of proving a negative averment which is an essential element of a crime, the prosecution, in view of the difficulty of proving a negative allegation, "need only establish a prima facie case from the best evidence obtainable."  

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