G.R. No. L‑3022

FACTS
– Ullmann & Co. obtained a judgment of ₱2,575 against Sebastiano Lozano (1904); execution was issued but remained unsatisfied.
– In supplementary proceedings under §§ 474 et seq. of the Code of Civil Procedure, Lozano was examined under oath about his assets. He stated that the jewels purchased from Ullmann & Co. were deposited for safekeeping with Juliana Quichico (wife of Tambunting).
– The United States prosecuted Lozano for perjury, alleging his statement was false because Quichico, in fact, held the jewels as a pledge, not a deposit.
– Evidence: (1) Quichico’s testimony that the jewels were pledged, with no written pledge; (2) Lozano’s own testimony affirming his earlier deposition statement and not admitting falsity.

ISSUE
Whether false testimony given in a supplementary proceeding to execution constitutes perjury under Article 321 of the Penal Code, and whether the evidence presented (a single witness contradicting the defendant’s statement) is sufficient to convict.

RULING
– The Court held that the evidence was insufficient to prove Lozano’s statement was false. A single witness’s contrary testimony, without corroborating written proof, does not satisfy the burden of proof for perjury.
– Accordingly, the conviction was set aside; the judgment of the lower court was reversed, and Lozano was acquitted.
– Costs of both instances were awarded de officio.

Decision rendered by Justice Willard, joined by Chief Justice Arellano and Justices Torres, Mapa, Johnson, Carson, and Tracey.