001. US v.

PABLO
G.R. No. L-11676 | October 17, 1916 | En Banc | Appeal from Judgment of the CFI of Bataan

THE UNITED STATES, plaintiff-appellee,

ANDRES PABLO, defendant-appellant.
TORRES, J.
Digest by Dawn Chua

Short Version:
Pablo made a false testimony in order to protect some gambling lords. He was convicted of
perjury under Act. 1697 which was repealed by the Administrative Code, which in turn does
not provide for any penalty. The Court resolved the matter by ruling that Act No. 1697 did
not expressly repeal the articles of the Penal Code relating to false testimony. Since the
Administrative Code, in totally repealing Act No. 1697, does not explicitly provide that the
provisions of the Penal Code are also repealed, the Penal Code provisions are deemed to be
in force.

Facts:
- 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.
- He only found therein Francisco Dato (whom he arrested), a low table, a tambiolo,
and 37 bolas.
- 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.
- In consequence, the chief filed a complaint in the court of justice of the peace
charging the said Rodrigo, Malicsi, and Dato with having gambled at jueteng, in
violation of municipal ordinance No. 5.
- The three men were subsequently arrested. The memorandum submitted by Pablo
was used as evidence against them.
- However, during trial, Pablo denied under oath that he had seen Malicsi and Rodrigo
run away.
- Apparently, before trial, Pablo was paid P15 not to testify against Malicsi and Rodrigo.
- Pablo was later on charged with perjury. He was convicted thereof. He comes to this
court on appeal.
- Andres Pablo was charged with the crime of perjury and was afterwards
convicted under Act No. 1697. Previous decisions of the Court have
declared that Act No. 1697 repealed the provisions in the penal code
pertaining to false testimony.
- However, Act No. 1697 has already been repealed by the Administrative
Code (Act No. 2657) which does not provide for any penalty.

Issue:
Given that the Administrative Code does not provide for any penalty against the crime of
perjury, should it go unpunished? NO

Dispositive:
Judgment appealed from reversed. Pablo sentenced to penalty of two years four months and
one day of prision correccional, to pay a fine of 1,000 pesetas

Reasoning:
- Act No. 1697 did not expressly repeal the articles of the penal code relating to false
testimony. Since the Administrative Code, in totally repealing Act No. 1697, does not
 explicitly provide that the mentioned articles of the Penal Code are also repealed, the
Penal Code provisions are deemed to be in force.
- 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;
for the Catholic kings and their successors so ordered in numerous laws, and
so also have I ordered on different occasions, and even though they were
repealed, it is seen that they have been revived by the decree which I issued
in conformity with them although they were not expressly designated. The
council will be informed thereof and will take account of the importance of the
matter.
- The Court thus convicted Pablo of false testimony with the aggravating circumstance
of bribery.

Johnson, Carson, Trent and Araullo, JJ., concur.

Moreland, J., concurs in the result .