GR L 9019; (December, 1913) (Digest)
G.R. No. L-9019, December 11, 1913
THE UNITED STATES, plaintiff-appellee, vs. PABLO PIZARRO, defendant-appellant.
FACTS:
The appellant, Pablo Pizarro, was a justice of the peace of Pilar, Bataan. Administrative charges were filed against him, including an allegation that he gambled at cards in violation of his duties. These charges were referred to the Court of First Instance for investigation. Prior to the investigation, one Gervasio Liamson had executed an affidavit accusing Pizarro of participating in a gambling game at his (Liamson’s) house. When called as a witness under oath during the investigation, Liamson denied having made or signed the affidavit and denied knowledge of its contents. Based on this, Pizarro was charged with “subordination of perjury” under Section 4 of Act No. 1697, for allegedly inducing Liamson to falsely deny under oath the execution of the affidavit. During Pizarro’s trial, Liamson was not permitted to testify due to his prior conviction for perjury based on the same false denial. However, Liamson’s wife testified that Pizarro visited Liamson after the affidavit was made but before the investigation and urged him to retract it. Pizarro admitted visiting Liamson to seek a retraction but claimed the affidavit’s statements were false. The trial court convicted Pizarro.
ISSUE:
Whether the evidence sufficiently establishes that Pablo Pizarro is guilty of subordination of perjury.
RULING:
Yes. The Supreme Court affirmed the conviction. The evidence of record, particularly the testimony of Liamson’s wife and the circumstances surrounding Liamson’s own perjury conviction, fully supports the finding that Pizarro persuaded and induced Liamson to falsely deny under oath the execution of his affidavit. Pizarro’s claim that he merely sought a retraction of a false affidavit was rejected as untenable in light of the other evidence. No prejudicial error was found in the proceedings. The judgment of conviction and the sentence of six months’ imprisonment, a P200 fine, subsidiary imprisonment in case of insolvency, and costs were affirmed.
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