People v. Laserna
REITERATIONFacts
The Antecedents: Jose Laserna, a protector of Estanislao Carrido, approached Fausto Briones in jail before the hearing for the theft of a cow. Laserna gave Briones P10 and instructed him to assume responsibility for the theft and testify that he did not know Estanislao Carrido, despite having identified him previously. Procedural History: The provincial fiscal charged Jose Laserna with subornation of perjury. The Court of First Instance of Tayabas convicted Laserna, sentencing him to three months' imprisonment, a fine, subsidiary imprisonment, and disqualification from holding public office and giving testimony. The Petition: Jose Laserna appealed the judgment of conviction.
Issue(s)
Whether the punishable act of subornation of perjury may be deemed to have been performed even though the crime of perjury was not committed. Whether the instigation or persuasion to commit a crime is punishable independently of the accomplishment of the crime.
Ruling
The Supreme Court reversed the judgment of conviction and absolved Jose Laserna from the charge of subornation of perjury.
Ratio Decidendi
On the issue of whether subornation of perjury is punishable when perjury is not committed: The Court held that subornation of perjury, as defined in Act No. 1697, requires the actual commission of perjury. Section 4 of Act No. 1697 states that any person who causes or procures another to commit perjury is guilty of subornation. The Court interpreted "causes or procures" to mean that the criminal purpose of the suborner must be attained, meaning the person induced must have testified falsely. This interpretation is consistent with the Penal Code, which generally only punishes acts that directly tend to the commission of a crime, unless the law specifically penalizes mere propositions or conspiracies. The Court cited U.S. v. Oruga and U.S. v. Ballen in support of this principle. Therefore, if the perjury is not committed, the subornation cannot be considered consummated and punishable. On the issue of whether instigation is punishable independently of accomplishment: The Court reiterated that under the Penal Code, only acts directly tending to the commission of a crime are punishable, and a mere proposal or inducement to commit a crime is not punishable unless the law specifically provides for it. While Article 13 of the Penal Code includes those who directly induce others to commit a crime as principals, this applies when the crime is perpetrated. In this case, Fausto Briones, despite receiving the money and being induced by Laserna, did not commit perjury; instead, he corroborated his previous sworn testimony. Consequently, Laserna's criminal purpose was frustrated, and he could not be punished for subornation of perjury.
Main Doctrine
The crime of subornation of perjury under Act No. 1697 is not consummated if the person induced to commit perjury does not actually commit the crime of perjury, as the law requires the actual commission of perjury for the suborner to be punishable.