People v. Reyes
[48 O.G. 1837]
FACTS:
The accused was the star witness in a prosecution for robbery against Jemenia.
Before the trial, the accused executed an affidavit in which he manifested that
he was not interested in the prosecution of the case and that he wanted to give
the accused “a chance to earn his living wisely in the honest way.” The fiscal
refused to ask for the dismissal of the case. When the case was called for
trial, the accused, who was asked to identify Jemenia, testified that he could
not remember anymore the face of Jemenia. After further questions failed to
elicit other data, the case against Jemenia was dismissed by the court,
resulting in his acquittal.
ISSUE:
Is it necessary that the false testimony directly influence the decision of
acquittal to be liable under Article 181 of the RPC?
HOLDING:
The contention of the defense that the acquittal of Jemenia was due to failure
of the fiscal to call other witnesses who could have properly identified
Jemenia, is irrelevant. It is not necessary that the testimony given by the
witness should directly influence the decision of acquittal, it being
sufficient that it was given with the intent to favor the accused.
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