Aug 24, 2009

Statutory Construction- People of the Philippine Islands vs. Rivera

Case of People of the Philippine Islands vs. Faustino Rivera
GR Nos. L-38215, 38216 22December1933

FACTS OF THE CASE:
The accused Faustino Rivera was being charged by the crime of Indictment of the Innocent planned and punished under the Art 363 of the Revised Penal Code. The Provincial Prosecutor filed a case against Rivera for filing a complaint in writing and executing an oath accusing falsely and without probable cause Vito Sunday and Felisa Moreno of the crime of theft.

ISSUES OF THE CASE:

Does Art 363 of the R.P.C apply in this case?

It does not apply since the law that the crime Rivera was accused of committing is not explicitly stated in the R.P.C (although it is worthy to mention that the crime of indictment of the innocent is present in the Old Penal Code)
The old penal code described it as the charge of the offense is the imputation itself if made in front of the administrative/ judicial officer while the R.P.C defines the offense as the act that leads (tends directly) to imputation of the offense.
The art 363 of the R.P.C was defined or described as “planting of evidence.”

HELD:

COURT HELD THAT THE ACCUSED FAUSTINO RIVERA IS NOT GUILTY OF THE CRIME FO INCRIMINATION OF THE INNOCENT.

STATUTORY CONSTRUCTION LESSON:

It is well settled law that where the text of a statute is clear, it is improper to resort to a caption or title to make it obscure.

It is a well settled rule that statutes should receive a sensible construction, such as will give effect to the legislative intention and so as to avoid an unjust or an absurd conclusion. (Lau Ow Bew vs. United States, 144 U. S., 47, 59; 36 Law. ed., 340, 344.)

I hope this helps.

Jeff David

1 comment:

  1. hi jeff, just learned bout this, this really helps..can you help me on where can i find 2010-2011 cases on statutory construction. pls. help me, here is my email add lenarth_gem@yahoo.com
    thank you very much

    ReplyDelete

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