Both courts overlooked the long-standing legal tenet that the
starting point of every criminal prosecution is that the accused has the
constitutional right to be presumed innocent. And this presumption of
innocence is overturned only when the prosecution has discharged its burden
of proof in criminal cases and has proven the guilt of the accused beyond
reasonable doubt,49 with each and every element of the crime charged in the
information proven to warrant a finding of guilt for that crime or for any
other crime necessarily included therein. 50 Differently stated, there must
exist no reasonable doubt as to the existence of each and every element of
the crime to sustain a conviction.
It is worth emphasizing that this burden of proof never shifts. Indeed,
the accused need not present a single piece of evidence in his defense if the
State has not discharged its onus. The accused can simply rely on his right to
be presumed innocent.
In this connection, the prosecution therefore, in cases involving
dangerous drugs, always has the burden of proving compliance with the
procedure outlined in Section 21.
As the Court stressed in People v.
Andaya:51
xx x We should remind ourselves that we cannot presume that the
accused committed the crimes they have been charged with. The State
must fully establish that for us. If the imputation of ill motive to the
lawmen is the only means of impeaching them, then that would be the end
of our dutiful vigilance to protect our citizenry from false arrests and
wrongful incriminations. We are aware that there have been in the past
many cases of false arrests and wrongful incriminations, and that should
heighten our resolve to strengthen the ramparts of judicial scrutiny. ·
Nor should we shirk from our responsibility of protecting the
liberties of our citizenry just because the lawmen are shielded by the
presumption of the regularity of their performance of duty. The
presumed regularity is nothing but a purely evidentiary tool intended
to avoid the impossible and time-consuming task of establishing every
detail of the performance by officials and functionaries of the
Government. Conversion by no means defeat the much stronger and
much firmer presumption of innocence in favor of every person whose
life, property and liberty comes under the risk of forfeiture on the
strength of a false accusation of committing some crime.
PEOPLE OF THE PHILIPPINES, v. Evangeline Garcia G.R. No. 215344 June 10, 2019
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