05 US v.
Pablo Code does not say under what other penal law in force the crime of false
G.R. No. L-11676 | 17 OCTOBER 1916 | J. TORRES | ENRIQUEZ
TOPIC: State authority to punish crimes; Sources
DOCTRINE: However, since the Penal Code went into force, the crime of false
testimony has been punished under the said articles of the said Code, which as
we have already said, have not been specifically repealed by the said Act No.
1697, but since its enactment, have not been applied, by the mere
interpretation given to them by this court in its decisions; yet, from the moment
that Act was repealed by the Administrative Code, the needs of society have
made it necessary that the said articles 318 to 324 should be deemed to be in
force, inasmuch as the Administrative Code, in repealing the said Act relating
to perjury, has not explicitly provided that the said articles of the Penal Code
have likewise been repealed.
FACTS:
1. Andres Pablo, a policeman of the municipality of Balanga, was ordered
by his chief to raid a jueteng game. When he arrived at the reported
gambling den, the players had already run away. He saw two men leave
the lot: Maximo Malicsi and Antonio Rodrigo. But since he had seen no
material proof that the game was being played, he refrained from
arresting them.
2. He only found therein Francisco Dato (whom he arrested), a low table, a
tambiolo, and 37 bolas.
3. These facts were reported in a memorandum to the chief of police.
Malicsi and Rodrigo were identified as the cabecillas or ringleaders of the
gambling operation.
4. In consequence, the chief filed a complaint in the court of justice of the
peace charging Rodrigo, Malicsi, and Dato with having gambled
at jueteng, in violation of municipal ordinance No. 5.
5. The three men were subsequently arrested. The memorandum submitted
by Pablo was used as evidence against them.
6. However, during trial, Pablo denied under oath that he had seen Malicsi
and Rodrigo run away.
7. Apparently, it was found out that before trial, Pablo was paid P15 not to
testify against Malicsi and Rodrigo.
8. Thus, Andres Pablo was charged with the crime of perjury and was
afterwards convicted under Act No. 1697 repealed the provisions in the
Penal Code pertaining to false testimony.
9. However, Act No. 2657 (Administrative Code) repealed Act No. 1697
relating to perjury, and the repealing clause of the said Administrative
testimony, at least, if not that of perjury, shall be punished.
10. Hence, this appeal.
ISSUE/HELD:
1. May the crime of perjury or false testimony go unpunished? No.
RATIO;
 Notwithstanding that Act No. 1697 did not expressly repeal the said articles
of the Penal Code; and as the said Administrative Code, in totally repealing
Act No. 1697, does not explicitly provide that the mentioned articles of the
Penal Code are also repealed, the will of the legislation not being expressly
and clearly stated with respect to the complete or partial repeal of the said
articles of the Penal Code, in the manner that it has totally repealed the
said Act No. 1697 relating its perjury; and, furthermore, as it is imperative
that society punish those of its members who are guilty of perjury or false
testimony, and it cannot be conceived that these crimes should go
unpunished or be freely committed without punishment of any kind, it must
be conceded that there must be in this country some prior, preexistent law
that punishes perjury or false testimony.
 However, since the Penal Code went into force, the crime of false testimony
has been punished under the said articles of the said Code, which as we
have already said, have not been specifically repealed by the said Act No.
1697, but since its enactment, have not been applied, by the mere
interpretation given to them by this court in its decisions; yet, from the
moment that Act was repealed by the Administrative Code, the needs of
society have made it necessary that the said articles 318 to 324 should be
deemed to be in force, inasmuch as the Administrative Code, in repealing
the said Act relating to perjury, has not explicitly provided that the said
articles of the Penal Code have likewise been repealed.
 This manner of understanding and construing the statutes applicable to the
crime of false testimony or perjury is in harmony with the provision of Law 11,
Title 2, Book 3, of the Novisima Recopilacion which says::
All the laws of the kingdom, not expressly repealed by other subsequent
laws, must be literally obeyed and the excuse that they are not in use
cannot avail; xxx
 It is, then, assumed that the said articles of the Penal Code are in force and
are properly applicable to crimes of false testimony.
 Therefore, in consideration of the fact that in the case at bar the evidence
shows it to have been duly proven that, Andres Pablo, in testifying in the
cause prosecuted for gambling at jueteng, perverted the truth, for the
purpose of favoring the alleged gamblers, Maximo Malicsi and Antonio
Rodrigo, with the aggravating circumstance of the crime being committed
through bribery, for it was also proved that the defendant Pablo received
P15 in order that he should make no mention of the said two gamblers in his
sworn testimony, whereby he knowingly perverted the truth, we hold that,
in the commission of the crime of false testimony, there concurred the
aggravating circumstance of price or reward, No. 3 of article 10 of the
Code, with no mitigating circumstance to offset the effects of the said
aggravating one; wherefore the defendant has incurred the maximum
period of the penalty of arresto mayor in its maximum degree to prision
correccional in its medium degree, and a fine.