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