PEOPLE OF THE PHILIPPINES VS.

AQUINO MINGOA

Facts:

Found short in his accounts as officer-in-charge of the office of the municipal treasurer of
Despujols, Romblon, and unable to produce the missing fund amounting to P 3, 938 upon
demand by the provincial auditor, the defendant Mingoa was prosecuted for the crime of
malversation of public funds in the CFI of Romblon. Respondent Mingoa insisted that she left
the money on her table and was alleged lost thereon. She created alibis regarding the missing
fund.

Issue: W/N there was violation of the constitutional right of the accused to be presumed
innocent?

Held: NO!

The fact is that the trial court did not believe defendants explanation that the money was
lost, considering it mere cloak to cover actual misappropriation. That is why the court said
that whether or not the defendant is guilty of malversation for negligence is of no
moment the presumption of misappropriation is found on Art. 217 of the RPC which
provides that failure of a public officer to have duly forthcoming any public funds or property
with which he is chargeable, upon demand by and duly authorized officer, shall prima facie
evidence that he has put the missing funds or property to personal use.

The legislature may enact that when certain facts have been proven they shall be prima facie
evidence of the existence of the guilt of the accused and shift the burden of proof provided
there be rational connection between the facts proved and the ultimate facts presumed so
that the interference of the one from the others is not unreasonable and arbitrary because of
lack of connection between the two in common experience.