Power/Authority of the State to Punish Crimes Case # 2

Source: 1987 Constitution

US v. Pablo

35 Phil. 94 (1916)

FACTS:

In compliance with an order from his chief, Andres Pablo, a policeman of the
municipality of Balanga, went to the barrio of Tuyo to raid a jueteng game; but before the said
officer arrived there the players left and ran away. He was able to recover on his arrival a low
table, a tambiolo (receptacle), and 37 bolas (balls). Said officer also saw the men Maximo
Malicsi and Antonio Rodrigo, but only Francisco Dato was arrested. This information was
contained in his report to his chief who immediately filed a complaint in the court of justice of
the peace against Rodrigo, Malicsi, and Dato for illegal gambling in violation of municipal
ordinance No. 5. Pablo testified under oath about what happened at that time, but he denied
the fact that he saw Rodrigo and Malicsi and that he saw them scamper. He said that only after
the incident did they learn of Rodrigo and Malicsi as being the ringleaders of the said jueteng
game according to a source. This testimony was acted upon by the court acquitting the
defendants Rodrigo and Malicsi and sentenced only Dato.

The provincial fiscal investigated further on the case and found out that before the case
came to trial in the justice of the peace court, the policeman Pablo had conference with the
accused Malicsi and Rodrigo and agreed that he would exclude the involvement of the two in
the case in exchange of a bribe of fifteen pesos.

ISSUE: Whether or not the respondent is guilty of the crime of perjury or false testimony under
Art. 318 to 324 of the Revised Penal Code

RULING: Yes

RATIO DECIDENDI: The respondent is guilty of such crime under Article 318 to 324 of the penal
code since such articles are not expressly repealed by the Administrative Code. The said articles
of the Penal Code are in force and are properly applicable to crimes of false testimony. The
right of prosecution and punishment for a crime is one of the attributes that by a natural law
belongs to the sovereign power instinctively charged by the common will of the members of
society to look after, guard and defend the interests of the community, the individual and social
rights and the liberties of every citizen and the guaranty of the exercise of his rights.