Scribd Logo
Upload

Welcome to Scribd!

  • StatCon Case Digest #6 - Absurdity Is To Be Adopted

    Uploaded by

    Leopoldo, Jr. Blanco
    92 views1 page
    1) Faustino Rivera was charged with falsely accusing Domingo Vito and Felisa Morena of theft in writing and under oath, but the complaint was dismissed. 2) The issue is whether Article 363 of the Revised Penal Code, which punishes acts that "tend directly" to cause false prosecution, applies in this case. 3) The court ruled that Article 363 does not apply, as it lacks the safeguard in the former penal code that required a court order to prosecute the accuser only if convinced at trial of the principal cause that there was sufficient basis for a charge of false accusation.

    Original Description:

    -StatCon Case Digest #6 - absurdity is to be adopted.docx

    Original Title

    -StatCon Case Digest #6 - Absurdity is to Be Adopted

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    1) Faustino Rivera was charged with falsely accusing Domingo Vito and Felisa Morena of theft in writing and under oath, but the complaint was dismissed. 2) The issue is whether Article 363 of the Revised Penal Code, which punishes acts that "tend directly" to cause false prosecution, applies in this case. 3) The court ruled that Article 363 does not apply, as it lacks the safeguard in the former penal code that required a court order to prosecute the accuser only if convinced at trial of the principal cause that there was sufficient basis for a charge of false accusation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    92 views1 page

    StatCon Case Digest #6 - Absurdity Is To Be Adopted

    Uploaded by

    Leopoldo, Jr. Blanco
    1) Faustino Rivera was charged with falsely accusing Domingo Vito and Felisa Morena of theft in writing and under oath, but the complaint was dismissed. 2) The issue is whether Article 363 of the Revised Penal Code, which punishes acts that "tend directly" to cause false prosecution, applies in this case. 3) The court ruled that Article 363 does not apply, as it lacks the safeguard in the former penal code that required a court order to prosecute the accuser only if convinced at trial of the principal cause that there was sufficient basis for a charge of false accusation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    (StatCon Case Digest #6 – “Construction to avoid absurdity)

    People v. Rivera
    G.R. Nos. 38215 & 38216
    December 22, 1933

    FACTS:

    Faustino Rivera was being charged of the crime of indictment of the innocent defined and punished under Art.
    363 of the Revised Penal Code. The appellant falsely accused Domingo Vito and Felisa Morena of the crime of theft,
    without any probably cause, in writing and under oath. The complaint was dismissed.

    ISSUE:

    Whether or not Art. 363 of the Revised Penal Code apply in the case.

    RULING:

    No. As article 363 of the Revised Penal Code is new and this is the first case before the court calling for its
    interpretation, a comparison of the article with article 326 of the former Penal Code seems expedient in view of the
    argument of the Government that the former "is a reproduction of both the crime of false accusation." 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.

    Comparing now article 363 of the Revised Penal Code with article 326 of the Revised Penal Code, it will be
    observed that article 326 of the former Penal Code punishes false prosecution, whereas in article 363 of the Revised
    Penal Code punishes an act which "tends directly" to cause a false prosecution. It is to be noted that article 326 of the
    old Penal Code contains the provision that the accuser could be prosecuted only on the order of the court, when the
    court was convinced upon the trial of the principal cause that there was sufficient basis for a charge of false accusation.
    Article 363 of the Revised Penal Code contains no such safeguard.

    You might also like