Case Digest (G.R. No. 9869)
Facts:
The United States v. Federico Canet, G.R. No. 9869, March 25, 1915, the Supreme Court En Banc, Carson, J., writing for the Court. The United States (plaintiff and appellant) prosecuted Federico Canet (defendant and appellee) for perjury based on an affidavit Canet had submitted to the Court of First Instance of Iloilo Province.On January 9, 1914 the provincial fiscal of Iloilo filed an original information charging Canet with perjury; the Court of First Instance sustained a demurrer and ordered the information amended. An amended information, filed March 2, 1914, alleged that on or about September 29, 1913 Canet presented to the Court of First Instance of Iloilo a motion to annul a March 28, 1913 civil judgment (Civil Case No. 1842) and, as part of that motion, submitted an affidavit sworn before Notary J. E. Blanco in Manila which contained numerous statements Canet knew to be false and material to the civil litigation.
Canet again demurred to the amended information on two grounds: (1) the facts alleged do not constitute the crime of perjury; and (2) if any offense were committed it was not within the jurisdiction of the Iloilo court. The trial court overruled the first ground but sustained the second, concluding that because the affidavit was subscribed and sworn to in Manila, the offense (if any) was completed th...(Subscriber-Only)
Issues:
- Was the trial court correct in holding that it lacked jurisdiction because the alleged perjury was committed in Manila where the affidavit was sworn?
- Does submitting a knowingly false affidavit as evidence in a judicial proceeding constitute the crime of perjury under the law...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)