Case Digest (G.R. No. 255877)
Facts:
In the case The People of the Philippines vs. Esminia Pudol and Alberto Reyes (66 Phil. 365, G.R. No. 45618, October 18, 1938), the Court of First Instance of Ilocos Sur filed an information charging Esminia Pudol and Alberto Reyes with the crime of perjury. Esminia Pudol was accused of subscribing a false affidavit by induction, with Alberto Reyes allegedly cooperating in the act. During trial proceedings, the provincial fiscal moved to discharge Pudol to utilize her as a witness against Reyes. Reyes initially pleaded not guilty but soon withdrew his plea. The court dismissed the case against Pudol based on the motion, and Reyes subsequently moved for dismissal of the case against him, arguing two points: first, that prosecuting him without the principal perjurer Pudol was baseless; and second, that the Revised Penal Code no longer penalized subornation of perjury, as Act No. 1697 had been repealed. The trial court granted Reyes’ motion on the first ground without ruling on th
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Case Digest (G.R. No. 255877)
Facts:
- Parties and Information
- The People of the Philippines filed an information before the Court of First Instance of Ilocos Sur against Esminia Pudol and Alberto Reyes, charging them with perjury.
- Esminia Pudol was charged with having subscribed a false affidavit by induction. Alberto Reyes was charged as a cooperator in the commission of that perjury.
- Proceedings in Trial Court
- At trial, the provincial fiscal filed a motion for the discharge of Esminia Pudol, to utilize her as a witness against Alberto Reyes.
- Upon arraignment, Alberto Reyes initially pleaded not guilty, but later withdrew his plea.
- The trial court granted the fiscal’s motion and dismissed the case against Esminia Pudol to allow her to testify for the prosecution.
- Alberto Reyes moved for dismissal of the case against him on two grounds:
- With the dismissal of the case against Pudol (the alleged principal), there is no basis to proceed against suborner Reyes.
- That subornation of perjury was no longer a penal offense under the Revised Penal Code, as repealed by Article 367 thereof.
- The court sustained the first ground alone and dismissed the case against Alberto Reyes, denying the fiscal’s appeal.
- Appeal
- The prosecution appealed the dismissal order.
- Issues raised involved the appealability of the dismissal order and the substantive liability of the accused under the Revised Penal Code.
Issues:
- Whether the order dismissing the case against Alberto Reyes is appealable, considering that the accused withdrew his plea before trial on the merits.
- Whether the dismissal of the case against Esminia Pudol (the principal offender) necessarily requires dismissal of the case against Alberto Reyes (the alleged suborner and co-principal).
- Whether subornation of perjury remains a punishable offense under the Revised Penal Code despite the repeal of Section 4 of Act No. 1697.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)