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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-1939 Jurisprudence                 

  • G.R. No. 46562 September 13, 1939 - BARDWIL BROS. v. PHIL. LABOR UNION

    068 Phil 436

  • G.R. No. 46673 September 13, 1939 - ANDRES P. GOSECO v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 444

  • G.R. No. 45596 September 18, 1939 - MARCOS LIPANA v. DOMlNGO LAO Y OTROS

    068 Phil 451

  • G.R. No. 46412 September 18, 1939 - PEOPLE OF THE PHIL. v. MANOJI

    068 Phil 471

  • G.R. No. 46497 September 18, 1939 - ANTONIO S. SANAGUSTIN v. CONRADO BARRIOS

    068 Phil 475

  • G.R. No. 46170 September 20, 1939 - PEOPLE OF THE PHIL. v. FERMIN PUNTO

    068 Phil 481

  • G.R. No. 46780 September 20, 1939 - FISCAL OF CAMARINES NORTE v. JUDGE OF FIRST INSTANCE OF CAMARINES NORTE

    068 Phil 483

  • G.R. No. 46108 September 22, 1939 - PEOPLE OF THE PHIL. v. DATU GALANTU MEDTED

    068 Phil 485

  • G.R. No. 46109 September 22, 1939 - PEOPLE OF THE PHIL. v. NICOLAS CARPIO

    068 Phil 490

  • G.R. No. 46197 September 22, 1939 - KINKWA MERIYASU CO. v. COLLECTOR OF CUSTOMS

    068 Phil 501

  • G.R. No. 46302 September 22, 1939 - PEOPLE OF THE PHIL. v. TORIBIO C. COSTES

    068 Phil 503

  • G.R. No. 46578 September 22, 1939 - PEOPLE OF THE PHIL. v. ANICETO MARQUEZ

    068 Phil 506

  • G.R. No. 46580 September 22, 1939 - PEOPLE OF THE PHIL. v. PEDRO DE GUZMAN

    068 Phil 508

  • G.R. No. 46602 September 22, 1939 - YAP TAK WING & CO. v. MUNICIPAL BOARD

    068 Phil 511

  • G.R. No. 46686 September 22, 1939 - TRANQUILINO RUBIS v. PHILIPPINE CHARITY SWEEPSTAKES

    068 Phil 515

  • G.R. No. 46715 September 22, 1939 - PEOPLE OF THE PHIL. v. EMILIO DE JESUS

    068 Phil 517

  • G.R. No. 46068 September 23, 1939 - PEOPLE OF THE PHIL. v. EUSTAQUIO CAROZ

    068 Phil 521

  • G.R. No. 46650 September 23, 1939 - MARIO BENGZON v. AUDITOR GENERAL

    068 Phil 527

  • G.R. No. 46652 September 23, 1939 - PEOPLE OF THE PHIL. v. CASIMIRO CONCEPCION

    068 Phil 530

  • G.R. Nos. 46802-46812 September 23, 1939 - PEOPLE OF THE PHIL. v. RESURRECCION B. PEÑAS

    068 Phil 533

  • G.R. No. 46739 September 23, 1939 - PAMPANGA BUS CO., INC. v. PAMBUSCO EMPLOYEES UNION

    068 Phil 541

  • G.R. No. 46668 September 26, 1939 - GOVERNMENT OF THE PHIL. v. PAMPANGA SUGAR MILLS

    068 Phil 547

  • G.R. No. 46729 September 25, 1939 - KAPISANAN NG MGA MANGAGAWA SA PANTRANCO v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 552

  • Adm. Case No. 879 September 27, 1939 - PEDRO DE GUZMAN v. TOMAS B. TADEO

    068 Phil 554

  • G.R. No. 46080 September 27, 1939 - GUILLERMO A. CU UNJIENG v. HONGKONG & SHANGHAI BANKING CORP.

    068 Phil 559

  • G.R. No. 46094 September 27, 1939 - PEOPLE OF THE PHIL. v. FERNANDO C. QUEBRAL

    068 Phil 564

  • G.R. No. 46237 September 27, 1939 - ROSALIO MARQUEZ v. BERNARDO CASTILLO

    068 Phil 568

  • G.R. No. 46350 September 27, 1939 - TAN CHAY v. GOVERNMENT OF THE PHIL.

    068 Phil 572

  • G.R. No. 46470 September 27, 1939 - JUAN CASTILLO v. DIRECTOR OF LANDS

    068 Phil 577

  • G.R. No. 46539 September 27, 1939 - PEOPLE OF THE PHIL. v. VALENTIN DOQUEÑA

    068 Phil 580

  • G.R. Nos. 46553-46555 September 27, 1939 - PEOPLE OF THE PHIL. v. LEON FABILLAR

    068 Phil 584

  • G.R. No. 46615 September 27, 1939 - PEOPLE OF THE PHIL. v. ALBERTO AQUINO

    068 Phil 588

  • G.R. No. 46727 September 27, 1939 - PAMBUSCO EMPLOYEES’ UNION v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 591

  • G.R. No. 46168 September 29, 1939 - INTERNATIONAL HARVESTER CO. OF THE PHIL. v. DELFIN MAHINAY

    068 Phil 597

  • G.R. No. 46336 September 29, 1939 - REVEREND ULRIC ARCAND v. PEOPLE OF THE PHIL.

    068 Phil 601

  • G.R. No. 46458 September 29, 1939 - ERLANGER & GALINGER v. HERMENEGILDO G. ALAGAR

    068 Phil 610

  • G.R. No. 46725 September 29, 1939 - PEOPLE OF THE PHIL. v. MAXIMINO AQUINO

    068 Phil 615

  • G.R. No. 46023 September 30, 1939 - PEOPLE OF THE PHIL. v. JESUS FLORENDO

    068 Phil 619

  • G.R. No. 46252 September 30, 1939 - PEOPLE OF THE PHIL. v. LEONOR DE MOLL

    068 Phil 626

  • G.R. No. 46298 September 30, 1939 - PEOPLE OF THE PHIL. v. DATU AMBIS

    068 Phil 635

  • G.R. No. 46390 September 30, 1939 - CASIMIRO TIANGCO v. PROCESO FRANCISCO

    068 Phil 639

  • G.R. No. 46396 September 30, 1939 - ALEJANDRO DE GUZMAN v. VISAYAN RAPID TRANSIT CO.

    068 Phil 643

  • G.R. No. 46451 September 30, 1939 - PAZ CHUA v. SECRETARY OF LABOR

    068 Phil 649

  • G.R. No. 46484 September 30, 1939 - SANTIAGO SAMBRANO v. RED LINE TRANSPORTATION CO., INC.

    068 Phil 652

  • G.R. No. 46724 September 30, 1939 - CRESCENCIO REYNES v. ROSALINA BARRERA

    068 Phil 656

  • G.R. No. 46728 September 30, 1939 - PEOPLE OF THE PHIL. v. EDUARDO MONTENEGRO

    068 Phil 659

  •  





     
     

    G.R. No. 46302   September 22, 1939 - PEOPLE OF THE PHIL. v. TORIBIO C. COSTES<br /><br />068 Phil 503

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 46302. September 22, 1939.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. TORIBIO C. COSTES, Defendant-Appellant.

    Mabanag, Primicias. Abad & Mencias for Appellant.

    Solicitor-General Ozaeta and Assistant Attorney Cuyugan for Appellee.

    SYLLABUS


    CRIMINAL LAW AND PROCEDURE; VIOLATION OF SECTION 2645 OF THE ADMINISTRATIVE CODE; REASONABLE DOUBT. — In the affidavit sworn to by him, Exhibit B, the appellant answered "No" to the question appearing therein which reads: "Have you ever been sentenced by final judgment for not less than eighteen months imprisonment, if so, have you been granted plenary pardon?" For having so answered, the appellant was prosecuted for violation of section 2645 of the Revised Administrative Code, having sworn falsely to said affidavit, inasmuch as he answered said question in the negative, knowing that he had been sentenced to twelve years and one day of reclusion temporal for the crime of homicide. The appellant pleaded not guilty in court, but said court found him guilty of said offense and sentenced him to an indeterminate penalty of from one month to three months imprisonment, to pay a fine of P100, with the corresponding subsidiary imprisonment in case of insolvency, plus the costs. The answer of the appellant, in relation to the first part of the question, is false, but it is correct if it relates to the last part thereof. As there is no evidence that the appellant had answered the first part of the question, there arises the reasonable doubt which must be decided in his favor, in accordance with the provisions of section 57 of General Orders, No. 68.


    D E C I S I O N


    IMPERIAL, J.:


    On October 14, 1908, the accused-appellant Toribio C. Costes was convicted of the crime of homicide in criminal case No. 1971 of the Court of First Instance of Pangasinan and was sentenced to twelve years and one day of reclusion temporal with the accessory penalties prescribed by law, to indemnify the heirs of the deceased in the sum of P500, and to pay the proportionate part of the costs. The appellant served his sentence and left Bilibid in the year 1918. In the general elections held in the years 1919, 1922, 1925, 1928, 1931, 1934, and 1935, the appellant registered as a qualified voter and voted. He likewise voted in the special elections of 1929 and in the plebiscite held to approve the Constitution. On October 30, 1937, the appellant applied for registration as voter in precinct No. 6 of the municipality of San Manuel, Province of Pangasinan, and to that effect he was given form No. 2, called "Voter’s Affidavit", for the purpose of filling the blanks thereof. The appellant did so and later swore to the truth of the contents of said document before Basilio Valdez, one of the election inspectors of the precinct in question. Consequently, he was registered in the census as a duly qualified elector in said precinct. However, he did not vote in the general elections held on the 14th of December of said year. In the affidavit sworn to by him, Exhibit B, the appellant answered "No" to the question appearing therein which reads: "Have you ever been sentenced by final judgment for not less than eighteen months imprisonment, if so, have you been granted plenary pardon? For having so answered, the appellant was prosecuted for violation of section 2645 of the Revised Administrative Code, having sworn falsely to said affidavit, inasmuch as he answered said question in the negative, knowing that he had been sentenced to twelve years and one day of reclusion temporal for the crime of homicide. The appellant pleaded not guilty in court, but said court found him guilty of said offense and sentenced him to an indeterminate penalty of from one month to three months imprisonment, to pay a fine of P100, with the corresponding subsidiary imprisonment in case of insolvency, plus the costs. He was likewise deprived of his right of suffrage and was disqualified from holding public office for a period of two years. From this judgment of conviction, this appeal was taken.

    The appellant assigns in the judgment of the court four errors of law which shall not be discussed nor decided separately in this decision, in view of the fact that the Solicitor-General, in the brief presented by him, recommends that the appealed judgment be reversed and that the appellant be acquitted, with the costs de oficio.

    The recommendation of the Solicitor-General is based on the fact that the question answered by the appellant is ambiguous, suggestive and misleading, and that the answer given is not incorrect or false if it were to refer to the second part of the question. It is submitted that as the appellant did not qualify his answer and, on the other hand, it has not been proven that the same had been given in answer to the first par., of the question, there is reasonable doubt as to the guilt of the appellant and he is entitled to the benefit thereof. We agree to the opinion of the Solicitor-General. The answer of the appellant, in relation to the first part of the question, is false, but it is correct if it relates to the last part thereof. As there is no evidence that the appellant had answered the first part of the question, there arises the reasonable doubt which must be decided in his favor, in accordance with the provisions of section 57 of General Orders, No. 58.

    The appealed judgment is reversed and the accused is acquitted, with the costs of both instances de oficio. So ordered.

    Avanceña, C.J., Villa-Real, Diaz, Laurel, and Moran, JJ., concur.

    G.R. No. 46302   September 22, 1939 - PEOPLE OF THE PHIL. v. TORIBIO C. COSTES<br /><br />068 Phil 503


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