G.R. No. L-5371; March 26, 1953
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AQUINO MINGOA, defendant-appellant.

FACTS

The defendant-appellant, Aquino Mingoa, was the officer-in-charge of the municipal treasurer’s office of Despujols, Romblon. An examination of his books and accounts on September 1, 1949, revealed a shortage of P3,938 in the public funds for which he was accountable. Upon demand by the provincial auditor to produce the missing amount, he failed to do so. He offered an explanation to the examining officer that he had mistakenly placed the money in a large envelope, took it with him, forgot it on his seat, and it was gone when he returned. However, he did not testify in court nor present any evidence in his defense. The trial court found his explanation inherently unbelievable, noting he did not report the alleged loss to his superiors or the police but instead tried to borrow money to cover the shortage, and had previously attempted to avoid the auditor. He was convicted of malversation of public funds.

ISSUE

Whether the presumption of guilt under Article 217 of the Revised Penal Code, which arises from a public officer’s failure to have public funds forthcoming upon demand, violates the constitutional right of the accused to be presumed innocent.

RULING

No. The presumption under Article 217 of the Revised Penal Code is constitutional. The Court held that the statute creates a prima facie presumption of guilt (that the officer put the missing funds to personal use) from the proven facts of receipt and failure to produce the funds upon demand. This presumption is reasonable because the fact presumed (malversation) is a natural inference from the facts proved. Furthermore, the presumption is only prima facie, allowing the accused an opportunity to rebut it. The constitutional challenge was also deemed not properly raised as it was not presented in the trial court. The decision of the trial court convicting the defendant was affirmed.