2/27/23, 10:24 PM PHILIPPINE REPORTS ANNOTATED VOLUME 068

[No. 46094. September 27, 1939]

THE PEOPLE OF THE PHILIPPINES, plaintiff and

appellee, vs. FERNANDO C. QUEBRAL, defendant and
appellant.

1. CRIMINAL LAW AND PROCEDURE; VIOLATION. OF

SECTION 770 OF THE ADMINISTRATIVE CODE;
EVIDENCE; BURDEN OF PROVING NEGATIVE
AVERMENT.—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," as provided in section
770 of the Administrative Code. The rule is, and has
always been, that, if the subject of the negative averment,
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. (U. S. vs. Tria, supra.) It would certainly be
anomalous to hold "* * * that mere difficulty in
discharging a burden of making proof should displace it;
and as a matter of principle the difficulty only relieves the
party having the burden of evidence from the necessity of
creating positive conviction entirely by his own evidence;
so that, when he produces such evidence as it is in his
power to

565

VOL. 68, SEPTEMBER 27, 1939 565

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People vs. Quebral

produce, .its probative effect is enhanced by the silence of

his opponent." (22 C. J., pp. 81, 82.) The rule, however, is
different when the subject of the negative averment does
not constitute an assential 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 averment is a matter of defense, is a question
which we have f ully discussed in United States vs. Chan
Toco (12 Phil., 262).

2. ID.; ID.; ID.; ID.; CASE AT BAR.—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.
Furthermore, Exhibit H-3 is also mentioned in the
decision of the lower court, which is a letter of the accused
to the President of the Philippines, quoting approvingly an
article published in the Philippines Herald, wherein it is
said that F. Q. is not a holder of a doctor of medicine
degree. These Exhibits, F-2 and H-3, are sufficient
evidence to show that the accused has been practicing
medicine without the required certificate of registration
issued by the Board of Medical Examiners.

APPEAL from a judgment of the Court of ,First' Instance of

Pangasinan. Bejasa, 4
The facts are stated in the opinion of the court,
Mabanag, Primicias, Abad & Mencias for appellant.
Solicitor-General Ozaeta and Assistant Attorney
Kapunan, jr,, for appellee.

MORAN, j.:

In June, 1937, the provincial fiscal of Pangasinan filed an

information. against the accused, Fernando C. Quebral, for
violation of section 770 of the Administrative Code. The
pertinent portion of the information reads as follows:

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2/27/23, 10:24 PM PHILIPPINE REPORTS ANNOTATED VOLUME 068

"Que en o hacia y desde el año de 1930 en adelante hasta el mes

de mayo de 1937, inclusive, en los municipios de San

566

566 PHILIPPINE REPORTS ANNOTATED

People vs. Quebral

Jacinto, Mapandán, Mangaldán y Dagupan, Provincia de

Pangasinán, Filipinas, y dentro de la jurisdicción de este Juzgado,
el acusado arriba nombrado voluntaria, ilegal y criminalmente y
sin haber obtenido previamente el certificado de registro
correspondiente, expedido por la Junta Examinadora de Médicos,
ejerció la medicina dentro de los términos del artículo 770 del
Código Administrativo Revisado, * * *."

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,"
as provided in section 770 of the Administrative Code. As
to this question, the lower court said:

"No hay cuestión alguna en cuanto al hecho de que los actos del
acusado probados por la acusación constituyen un ejercicio de la
medicina. La única cuestión, por tanto, a determinar es la de si o
no incumbía a la acusación probar que dicho acusado había
ejercido la profesión médica sin estar previamente registrado
como tal médico.
"Teniendo en cuenta lo dispuesto en el artículo 297 del Código
de Procedimiento Civil y la doctrina enunciada por nuestra
Honorable Corte Suprema en las causas Estados Unidos contra
González (10 Jur. Fil., 67); Estados Unidos contra Co Pinco (1.0
Jur. Fil., 370); Estados Unidos contra Tria (17 Jur. Fil, 304); y
Estados Unidos contra De la Torre (42 Jur. Fil., 65), el Juzgado
cree que no es necesario que la acusación pruebe que el acusado
no estaba previamente registrado como médico antes de ejercer la
profesión médica, pues, si el acusado lo estaba, y funda su defensa
en tal hecho. a él incumbe probarlo."

The accused was found guilty of the offense charged and

was sentenced to pay a fine of two hundred pesos ("P200)
with subsidiary imprisonment in case of insolvency. He
appealed, and, in this court, he reiterates his contention
that it is incumbent upon the prosecution to prove that

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567

VOL. 68, SEPTEMBER 27, 1939 567

People vs. Quebral

he practiced medicine without the proper certificate, and

that there being no evidence to that effect, he should be
acquitted.
The rule is, and has always been, that, if the subject of
the negative averment, 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. (U. S. vs. Tria, supra.) It would certainly be
anomalous to hold "* * * that mere difficulty in discharging
a burden of making proof should displace it; and as a
matter of principle the difficulty only relieves the party
having the burden of evidence from the necessity of
creating positive conviction entirely by his own evidence; so
that, when he produces such evidence as it is in his power
to produce, its probative effect is enhanced by the silence of
his opponent." (22 C. J., pp. 81, 82.)
The rule, however, is different when the subject of the
negative averment 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 averment 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

568

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568 PHILIPPINE REPORTS ANNOTATED

Marquez vs. Castillo

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. "The certificate of a custodian
that he has diligently searched for a document or an entry
of a specified tenor and has been unable to find it ought to
be usually as satisfactory for evidencing its non-existence
in his office as his testimony on the stand to this effect
would be." (3 Wigmore on Evidence, p. 561.) Furthermore,
Exhibit H-3 is also mentioned in the decision of the lower
court, which is a letter of the accused to the President of
the Philippines, quoting approvingly an article published in
the Philippines Herald, wherein it is said that Fernando
Quebral is not a holder of a doctor of medicine degree.
These Exhibits, F-2 and H-3, are sufficient evidence to
show that the accused has been practicing medicine
without the required certificate of registration issued by
the Board of Medical Examiners.
Judgment is affirmed, with costs against appellant.

Avanceña, C. J,, Villa-Real, Imperial, Diaz, Laurel,

and. Concepcion, JJ., concur.

Judgment affirmed.

_____________

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