Case Digest (G.R. No. 6668)
Facts:
The United States v. Jose Laserna, G.R. No. 6668. January 10, 1912, the Supreme Court, Torres, J., writing for the Court. The appeal is from a conviction rendered by the Court of First Instance of Tayabas (Judge Mariano Cui).The prosecution arose from two separate trials of Fausto Briones and Estanislao Carrido for the theft of a cow. Before either hearing, on the morning set for the hearings (November 15, 1910), Jose Laserna, a protector of Carrido, visited the Tayabas jail, gave Fausto Briones P10 and urged him to assume responsibility for the theft and to testify that the person he earlier named as "Estanislao" was not his co‑defendant Estanislao Carrido. Briones accepted the money but, at the hearing about half an hour later, reiterated his preliminary testimony that the animal had been delivered to him by Carrido and stated he had not promised to deny his earlier testimony.
Acting on these events, the provincial fiscal filed a complaint on November 26, 1910, in the Court of First Instance of Tayabas charging Jose Laserna with subornation of perjury under Act No. 1697 (sections defining perjury and subornation). After a trial, the Court of First Instance convicted Laserna on December 5, 1910, sentencing him to three months' imprisonment, a fine of P50 (with subsidiary imprisonment in case of insolvency), two years’ disqualification from public office and from giving testimony (with exceptions), costs, and ordered confiscation of the P10.
Laserna appealed the convict...(Subscriber-Only)
Issues:
- Whether the crime of subornation of perjury under Act No. 1697 is committed and punishable where the person suborned did not actually commit pe...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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