Case Digest (G.R. No. 11895)
Facts:
The United States v. Teodora Topino and Gabriel Guzman, G.R. No. 11895. December 20, 1916, the Supreme Court En Banc, Trent, J., writing for the Court.The prosecution charged Teodora Topino and Gabriel Guzman with the crime of adultery. At trial the Court of First Instance received, among other proofs, two sworn declarations offered by the prosecution as Exhibits B (Teodora’s) and C (Guzman’s). The trial court found Teodora not guilty but found Guzman guilty and sentenced him to three years, six months, and twenty-one days of prision correccional, accessory penalties, and payment of one-half the costs. Guzman appealed.
The record shows that the offended husband’s complaint was part of the trial record but was omitted when the record was first prepared for appeal; the complaint was later transmitted to this Court by order. The prosecution presented Exhibits B and C (affidavits/confessions) and witnesses who testified that Teodora and Guzman lived together as man and wife for six or seven years and had children. The clerk of the Court of First Instance testified that Exhibit B was sworn and Teodora signed by a cross after it was read to her in Ilocano. A witness testified that Guzman prepared the rough draft of Exhibit C, had it typed, read it, and voluntarily signed it; the provincial fiscal certified Guzman’s affidavit.
Defense counsel offered no witnesses and asked dismissal on the ground that no complaint of the offended husband had been presented. On the competency of Exhibit C the defense argued that it was sworn before the provincial fiscal, an officer not authorized under section 349 of the Code of Civil Procedure to administer oaths. The trial court admitted Exhibits B and C (conditioning Exhibit B on a translation) and convicted Guzman. On appeal to this Court the principal assignments of error were (1) lack of jur...(Subscriber-Only)
Issues:
- Was the trial court without jurisdiction to try the adultery complaint?
- Was Exhibit C admissible and, if so, did its admission and probative use violate rules governing affidavits and confessions (specifically given that it was sworn before the provincial fiscal)?
- Did the acquittal of Teodora Topino require the acquittal of Gabriel ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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