Case Digest (G.R. No. 7006)
Facts:
The United States v. Pascual Morandarte, G.R. No. 7006, November 5, 1912, the Supreme Court En Banc, Torres, J., writing for the Court.After the death of the father of Catalina Siguenza (about 12) and Santiago Siguenza (about 14), Pascual Morandarte took the children into his household with the knowledge of their mother so they might serve as house servants to satisfy a debt. In early July 1909 the children left Morandarte’s house and went with their brother Eladio, who was staying with Tecla Benavente. Around the same time Morandarte discovered that jewelry and money were missing from his house; he accused Eladio (and implicated Hilario) of theft before the justice of the peace of Buhi.
During the preliminary investigation before the justice of the peace, witnesses Victoriano San Antonio and Atanasia Mapa swore they had seen Eladio carrying a bundle containing money and jewelry; later, in a new investigation, they retracted and swore their earlier testimony was false. The prosecution for perjury followed: the Court of First Instance, in case No. 1175, convicted San Antonio and Mapa on January 10, 1911, sentencing each to three months’ imprisonment, disqualification from holding public office and from testifying, and costs.
During proceedings it developed — by testimony from Juan Carrascoso (the justice of the peace), Mapa, Buquiron, San Antonio, Silvina Morandarte and Rosendo Alcantara — that Morandarte had induced San Antonio and Mapa to give the false testimony. The provincial fiscal filed a complaint against Morandarte for subornation of perjury on January 14, 1911. The Court of First Instance, Judge Herbert D. Gale presiding, rendered judgment on February 9, 1911, convicting Morandarte of subornation of perjury and sentencing him to two years’ imprisonment, a fine of P500 (with subsidiary imprisonment on insolvency), costs, and perpetual disqualification from holding public office and from testifying as a witness.
Morandarte appealed the conviction to the Supreme Court. The appeal challenged, inter alia, the sufficiency and admissibility of the evidence (including the justice of the peace’s memorandum and the relia...(Subscriber-Only)
Issues:
- May the conviction of Pascual Morandarte for subornation of perjury be sustained where the witnesses he allegedly suborned were later convicted of perjury and therefore disqualified from testifying?
- Was it error to refuse to strike from the record the testimony of the justice of the peace (or his memorandum) from the preliminary investigation, given the defense’s reliance on the written memorandum as best evidence?
- Did the evidence establish beyond reasonable doubt that Morandarte caused or procured...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)