Case Summary (G.R. No. L-24471)
Factual Background
Ricardo F. Gutierrez was initially ordered by the Court of First Instance of Manila to vacate rented apartments and to pay Vicente W. Pastor a total of P42.45. This judgment was not satisfied, prompting Pastor to seek supplementary proceedings that would allow him to evaluate Gutierrez’s assets through court-ordered testimony and production of relevant financial documents from Gutierrez’s employer, The California-Manila Lumber Company.
Testimony and Evidence
On December 11, 1907, during these supplementary proceedings, Gutierrez testified under oath that he had purchased two wardrobes worth P45 from his employer and had subsequently sent these items to a friend. However, evidence later emerged contradicting his statement, as Gutierrez admitted to knowingly providing false testimony. It was revealed through testimony from a third party, Senor Machuca, that Gutierrez had made the false statements under the advice of his employer's attorney.
Court Findings
The court found Gutierrez guilty of perjury and sentenced him to two months and one day of imprisonment, as well as a fine of 6,250 pesetas and the associated costs. Gutierrez argued on appeal that the judgment was contrary to law and the evidence. He contended that his earlier testimony was not knowingly false, but the court found no merit in this argument based on Gutierrez’s prior admissions.
Legal Analysis
In addressing the issue of whether the supplementary proceedings constituted a "civil cause" under Article 321 of the Penal Code, the court referenced the definition of "cause" as any legal process instituted by a party to enforce a claim. The court concluded that supplementary proceedings aimed at executing a civil judgment indeed fall within the definition, thus perjury committed in such contexts is
...continue readingCase Syllabus (G.R. No. L-24471)
Case Overview
- This case involves an appeal by Ricardo F. Gutierrez against a judgment from the Court of First Instance of Manila.
- The appeal was filed on January 30, 1908, following Gutierrez's conviction for perjury and subsequent sentencing to two months and one day of imprisonment, along with a fine of 6,250 pesetas.
Background of the Case
- On September 25, 1907, Vicente W. Pastor initiated proceedings against Ricardo F. Gutierrez, leading to a court order for Gutierrez to vacate his rented apartment and pay Pastor a total of P35.33, plus legal costs amounting to P2 and P5.12 for proceedings.
- A writ of execution was issued, but by November 26, 1907, the writ was returned unsatisfied, prompting Pastor to pursue supplementary proceedings.
Supplementary Proceedings
- Vicente W. Pastor requested the court to summon Gutierrez and The California-Manila Lumber Company to provide evidence regarding Gutierrez's financial status and properties.
- A court order was issued on November 26, 1907, requiring Gutierrez to testify and present relevant documentation.
Testimony and False Claims
- On December 11, 1907, Gutierrez testified under oath that he had purchased two wardrobes worth P45 from The California-Manila Lumber Company and claimed he had sent them to a friend.
- He further stated that he incurred a transportation cost of 30 centavos for sending the wardrobes.
- However, this