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    People v. Quebral - Docx - Digest

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    Mark Genesis Rojas
    Fernando C. Quebral was charged with practicing medicine without proper certification in violation of Section 770 of the Administrative Code. The prosecution must prove Quebral practiced medicine and did not have the required certification. The lower court found Quebral guilty based on evidence that he diagnosed and treated patients for payment. The lower court also submitted a document from the Board of Medical Examiners stating Quebral was not a registered physician. The Supreme Court upheld the lower court's ruling, finding the document from the Board was admissible evidence that Quebral practiced medicine without certification.

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    People v. Quebral - Docx - Digest

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    Mark Genesis Rojas
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    Fernando C. Quebral was charged with practicing medicine without proper certification in violation of Section 770 of the Administrative Code. The prosecution must prove Quebral practiced medicine and did not have the required certification. The lower court found Quebral guilty based on evidence that he diagnosed and treated patients for payment. The lower court also submitted a document from the Board of Medical Examiners stating Quebral was not a registered physician. The Supreme Court upheld the lower court's ruling, finding the document from the Board was admissible evidence that Quebral practiced medicine without certification.

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    People v. Quebral.docx - Digest

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    People v. Quebral.docx - Digest

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    Fernando C. Quebral was charged with practicing medicine without proper certification in violation of Section 770 of the Administrative Code. The prosecution must prove Quebral practiced medicine and did not have the required certification. The lower court found Quebral guilty based on evidence that he diagnosed and treated patients for payment. The lower court also submitted a document from the Board of Medical Examiners stating Quebral was not a registered physician. The Supreme Court upheld the lower court's ruling, finding the document from the Board was admissible evidence that Quebral practiced medicine without certification.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    484 views1 page

    People v. Quebral - Docx - Digest

    Uploaded by

    Mark Genesis Rojas
    Fernando C. Quebral was charged with practicing medicine without proper certification in violation of Section 770 of the Administrative Code. The prosecution must prove Quebral practiced medicine and did not have the required certification. The lower court found Quebral guilty based on evidence that he diagnosed and treated patients for payment. The lower court also submitted a document from the Board of Medical Examiners stating Quebral was not a registered physician. The Supreme Court upheld the lower court's ruling, finding the document from the Board was admissible evidence that Quebral practiced medicine without certification.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    People v.

    Quebral

    Facts: , The provincial fiscal of Pangasinan filed an information against the accused, Fernando C. Quebral,
    for violation of section 770 of the Administrative Code.

    There is no question that the accused diagnosed, treated and prescribed for certain diseases suffered by
    certain patients, from whom he received money as compensation; but it is contended that no evidence
    has been adduced to the effect that the accused had thus practiced medicine "without having previously
    obtained the proper certificate of registration issued by the Board of Medical Examiners."

    The accused was found guilty of the offense charged. He appealed, and, in this court, he reiterates his
    contention that it is incumbent upon the prosecution to prove that he practiced medicine without the
    proper certificate, and that there being no evidence to that effect, he should be acquitted.

    Issue: Whether or not Quebral is not guilty of violation of section 770 of the Administrative Code?

    Ruling: No.

    The rule is, and has always been, that, if the subject of the negative avernment, like, for instance, the act
    of voting without the qualifications provided by law, inheres in the offense as an essential ingredient
    thereof, the prosecution has the burden of proving the same. (Sec. 297, Act No. 190; U.S. vs. Tria, 17
    Phil., 303, 306, 307.) In view, however, of the difficult office of proving a negative allegation, the
    prosecution, under such circumstance, need do no more than make a prima facie case from the best
    evidence obtainable.

    The rule, however, is different when the subject of the negative avernment does not constitute an
    essential element of the offense, but is purely a matter of defense. In such case, the burden of proof is
    upon the defendant. As to whether or not a negative avernment is a matter of defense, is a question
    which we have fully discussed in United States vs. Chan Toco (12 Phil., 262).

    Section 770 of the Administrative Code provides that "no person shall practice medicine in the Philippine
    Islands without having previously obtained the proper certificate of registration issued by the Board of
    Medical Examiners . . .." This provision clearly includes the want of certificate as an essential element of
    the offense charged. The negative fact is not separable from the offense as defined. It is, therefore,
    incumbent upon the prosecution to prove that negative fact, and failure to prove it is a ground for
    acquittal.

    In the instant case, however, the decision rendered by the lower court makes mention of Exhibit F-2 as
    showing that the accused is not a registered physician. That document is signed by Jose Ma. Delgado,
    chairman of the Board of Medical Examiners, wherein it is stated, in part, that "there is nothing in the
    records of this Board to show that Mr. Fernando C. Quebral is a registered physician." This document is
    admissible as evidence of its contents, under one of the exceptions to the hearsay rule, regarding official
    written statements.

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