US v. Andres Pablo G.R. No. L-11676 October 17, 1916
US v. Andres Pablo G.R. No. L-11676 October 17, 1916
US v. Andres Pablo
G.R. no. L-11676
October 17, 1916
Facts:
Andres Pablo, a policeman, was ordered to raid a jueteng game. Before his arrival, the
players had escaped. He searched the premises and thereon a tambiolo and bolas. Thereafter he
executed a Memorandum stating that he had raided a jueteng game. Seized a tambiolo and
several bolas, saw the players escaped. The players were then arrested but were admitted to bail.
After the conduct of a preliminary investigation, defendant was charged with perjury
because he allegedly undertook to exclude the gamblers from the charge and from his testimony
in consideration of P15.00.
Issue:
Should Andres Pablo be punished for committing the crime of perjury under Act No.
1697 which repealed the provisions contained in Articles 318 and 324 of the Penal Code relative
to false testimony?
Ruling:
Yes. The Court said that, “the power to punish evildoers has never been attacked or
challenged, as the necessity for its existence has been recognized even by the most backward
people… but the imposition of punishment is admitted to be just by the whole human race, and
even barbarians and savages themselves, who are ignorant of all civilizations, are no exceptions.”
In the case at bar, Andres Pablo has indeed committed perjury for purposes of excluding
the alleged gamblers with the aggravating circumstance of bribery.