The United States, plaintiff-appelle, VS.

Andres Pablo, defendant-appellant

GR No. L-11676 October 17, 1916

FACTS
            In compliance with an order from his chief, Andres Pablo, a policeman of
the municipality of Balanga, went to the barrio of Tuyo to raid a jueteng game; but
before the said officer arrived there the players left and ran away. He was able to
recover on his arrival a low table, a tambiolo (receptacle), and 37 bolas (balls). The
said officer also saw the men Maximo Malicsi and Antonio Rodrigo left but only
Francisco Dato was arrested. This information was contained in his report to his
chief who immediately filed a complaint in the court of justice of the peace against
Rodrigo, Malicsi, and Dato for illegal gambling in violation of Municipal
Ordinance No. 5.

            Pablo testified under oath that on a particular date he and a companion

raided a jueteng game, that when they arrived in the place they saw Dato and a low
table that made them suspect that a jueteng game was being held; that they did find
a tambiolo and 37 bolas, but that they did not see Rodrigo and Malicsi on the scene
nor did they see them scamper; and that only after the incident that they learned of
Rodrigo and Malicsi as being the ringleaders of the said jueteng game according to
a source. This testimony was acted upon by the court acquitting the defendants
Rodrigo and Malicsi and sentenced only Dato.

            The provincial fiscal investigated further on the case and found out that
before the case came to trial in the justice of the peace court, the policeman Pablo
had conference with the accused Malicsi and Rodrigo and agreed that he would
exclude the involvement of the two in the case in exchange of a bribe of fifteen
pesos.
            Because of this development, the provincial fiscal filed a complaint in the
Court of First Instance charging Andres Pablo with the crime of perjury in
violation of section 3 of Act No. 1697 declaring that he willfully, unlawfully, and
feloniously affirmed and swore under oath in legal form before the justice of the
peace during the hearing of the case of Rodrigo and Malicsi for violation of
Municipal Ordinance No. 5 of the municipality of Balanga when he excluded the
two accused from involvement in the incident despite being utterly false and
material to the decision of the case.
            When the court found him guilty and sentenced to suffer two years
imprisonment, a fine of P100, and disqualification to hold public office as well as
from testifying in Philippine courts, he appealed for such judgment.

ISSUE
            Whether or not the respondent is guilty of the crime of perjury or false
testimony under Art. 318 to 324 of the Revised Penal Code.

HELD
             Yes. The respondent is guilty of such crime under Article 318 to 324 of the
Penal Code since such Articles are not expressly repealed by the Administrative
code when it repealed Act No. 1697.

            Law 11, Title 2, Book 3, of the Novisima Recopilacion states that “All
laws… not expressly repealed by other subsequent laws, must be obeyed and the
excuse that they are not in use cannot avail.”

            Said articles of the Penal Code are in force and are properly applicable to
crimes of false testimony. In the present case, the proven evidence showed that
Andres Pablo falsely testified before the court by perverting the truth in favor of
the alleged gamblers, Maximo Malicsi and Antonio Rodrigo, and in receiving bribe
from the said accused which aggravated the crime – proof showed he received P15
so that he excludes the two ringleaders in his sworn testimony. The court held that
“ … in the commission of the crime of false testimony, there concurred the
aggravating circumstance of price or reward, No. 3 of article 10 of the Code, with
no mitigating circumstance to offset the effects of the said aggravating one;
wherefore the defendant has incurred the maximum period of the penalty of arrest
mayor in its maximum degree to prision correccional in its medium degree, and a
fine.”