001. US v.

PABLO
G.R. No. L-11676 | October 17, 1916 | En Banc | Appeal from Judgment of the CFI of Bataan
THE UNITED STATES, plaintiff-appellee,
ANDRES PABLO, defendant-appellant.
TORRES, J.
Digest by Dawn Chua

Short Version:
Pablo made a false testimony in order to protect some gambling lords. He was convicted of perjury under Act.
1697 which was repealed by the Administrative Code, which in turn does not provide for any penalty. The
Court resolved the matter by ruling that Act No. 1697 did not expressly repeal the articles of the Penal Code
relating to false testimony. Since the Administrative Code, in totally repealing Act No. 1697, does not explicitly
provide that the provisions of the Penal Code are also repealed, the Penal Code provisions are deemed to be
in force.

Facts:
- Andres Pablo, a policeman of the municipality of Balanga, was ordered by his chief to raid
a jueteng game. When he arrived at the reported gambling den, the players had already run away. He
saw two men leave the lot: Maximo Malicsi and Antonio Rodrigo. But since he had seen no material
proof that the game was being played, he refrained from arresting them.
- He only found therein Francisco Dato (whom he arrested), a low table, a tambiolo, and 37 bolas.
- These facts were reported in a memorandum to the chief of police. Malicsi and Rodrigo were
identified as the cabecillas or ringleaders of the gambling operation.
- In consequence, the chief filed a complaint in the court of justice of the peace charging the said
Rodrigo, Malicsi, and Dato with having gambled at jueteng, in violation of municipal ordinance No. 5.
- The three men were subsequently arrested. The memorandum submitted by Pablo was used as
evidence against them.
- However, during trial, Pablo denied under oath that he had seen Malicsi and Rodrigo run away.
- Apparently, before trial, Pablo was paid P15 not to testify against Malicsi and Rodrigo.
- Pablo was later on charged with perjury. He was convicted thereof. He comes to this court on appeal.
- Andres Pablo was charged with the crime of perjury and was afterwards convicted under Act
No. 1697. Previous decisions of the Court have declared that Act No. 1697 repealed the
provisions in the penal code pertaining to false testimony.
- However, Act No. 1697 has already been repealed by the Administrative Code (Act No. 2657)
which does not provide for any penalty.

Issue:
Given that the Administrative Code does not provide for any penalty against the crime of perjury, should it go
unpunished? NO

Dispositive:
Judgment appealed from reversed. Pablo sentenced to penalty of two years four months and one day of
prision correccional, to pay a fine of 1,000 pesetas

Reasoning:
- Act No. 1697 did not expressly repeal the articles of the penal code relating to false testimony. Since
the Administrative Code, in totally repealing Act No. 1697, does not explicitly provide that the
mentioned articles of the Penal Code are also repealed, the Penal Code provisions are deemed to
be in force.
- This manner of understanding and construing the statutes applicable to the crime of false testimony
or perjury is in harmony with the provision of Law 11, Title 2, Book 3, of the Novisima
Recopilacion which says::
All the laws of the kingdom, not expressly repealed by other subsequent laws, must be literally
obeyed and the excuse that they are not in use cannot avail; for the Catholic kings and their
successors so ordered in numerous laws, and so also have I ordered on different occasions, and
 even though they were repealed, it is seen that they have been revived by the decree which I
issued in conformity with them although they were not expressly designated. The council will be
informed thereof and will take account of the importance of the matter.
- The Court thus convicted Pablo of false testimony with the aggravating circumstance of bribery.

Johnson, Carson, Trent and Araullo, JJ., concur.

Moreland, J., concurs in the result .