Case Digest (G.R. No. 38215)
Facts:
The People of the Philippine Islands, G.R. Nos. 38215 and 38216, December 22, 1933, the Supreme Court En Banc, Butte, J., writing for the Court. The Attorney‑General (plaintiff-appellant) appealed from a judgment of the Court of First Instance of Tayabas sustaining demurrers to two amended informations and dismissing the cases against Faustino Rivera (defendant-appellee).On June 22–23, 1932, Rivera executed and swore to a written complaint before Federico M. Unson, Justice of the Peace of Lucena, charging Domingo Vito and Felisa Moreno with theft (criminal case No. 6543). On June 29, 1932, the justice of the peace dismissed the complaint for lack of evidence. Thereafter, separate complaints were filed by Vito and Moreno against Rivera charging him with the offense of incriminating an innocent person under Article 363 of the Revised Penal Code. The Attorney‑General prosecuted those complaints by amended informations.
Rivera interposed a single demurrer to both amended informations, alleging that the averred facts did not constitute the crime defined in Art. 363, Revised Penal Code. The Court of First Instance of Tayabas sustained the demurrer, and, upon the prosecution's declining to amend, dismissed both cases. The Attorney‑Gen...(Subscriber-Only)
Issues:
- Do the facts alleged in the amended informations constitute the crime defined and punished by Article 363, Revised Penal Code?
- Should Article 363, Revised Penal Code be construed to embrace the former offense of false accusation under Article 326 of the old Código Penal (and, by implication, related pro...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)