Case Digest (G.R. No. 142011)
Facts:
Alfonso C. Choa, G.R. No. 142011, March 14, 2003, the Supreme Court Third Division, Sandoval-Gutierrez, J., writing for the Court. Petitioner is a Chinese national who on April 25, 1989 filed a verified petition for naturalization under Commonwealth Act No. 473 with the Regional Trial Court (RTC), Branch 41, Bacolod City (Special Proceeding No. 5395). He began testifying on August 27, 1990 but, two days later, on August 29, 1990 he moved to withdraw his petition; the trial court granted the motion by Resolution dated September 28, 1990.On August 5, 1992, State Prosecutor Pedro D. Delfin, acting on a complaint by petitioner’s wife Leni Choa, filed an Information in the Municipal Trial Court in Cities (MTCC), Branch 3, Bacolod City charging petitioner with perjury under Article 183 of the Revised Penal Code, docketed as Criminal Case No. 50322. The Information alleged that petitioner made material false statements under oath in his petition for naturalization concerning his and his family’s residence and his moral character.
Upon arraignment petitioner pleaded not guilty. After trial, the MTCC, in a Decision dated February 21, 1995, found petitioner guilty of perjury and sentenced him to six months and one day of prision correccional. The MTCC denied his motion for reconsideration (March 31, 1995). On appeal the RTC, Branch 54, Bacolod City, affirmed the MTCC decision in a September 12, 1996 Decision.
Petitioner elevated the case to the Court of Appeals (CA-G.R. CR No. 19968). In its June 8, 1999 Decision (penalized by Justice Ma. Alicia Austria-Martinez, concurred in by Justices Valdez and Dacudao), the Court of Appeals affirmed the RTC but modified the sentence under the Indeterminate Sentence Law to three months arresto mayor to one year and eight months prision correccional. The Solicitor General, in the CA proceedings, had recommended acquittal arguing that the earlier withdrawal of the naturalization petition rendered the alleged false statements functus officio.
Petitioner filed a Rule 45 petition for review on certiorari to ...(Pro-only)
Issues:
- Does the withdrawal of a petition for naturalization bar prosecution for perjury based on false statements made in that petition?
- Were the elements of perjury under Article 183 of the Revised Penal Code present in petitioner’s verified petition for naturalization and ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)