by Kenneth Guevarra Limosnero

US v. FRANK TUPASI MOLINA, GR No. 9878, 1914-12-24

Facts:

rank Tupasi Molina,... f... willfully, unlawfully, and criminally take a false oath by affirming and asserting in an oath that he knew... to be false, in an examination application which he himself filled out and signed, that prior to the said date, to wit, September 10, 1912, he had never been indicted, tried, or sentenced for the violation of any law, ordinance, or regulation in any court, when he knew at the... time he took that oath and signed his examination application, as he knows at the present time, that he had been twice indicted for disturbing the public peace, and for injurias graves, and sentenced to pay a fine and undergo imprisonment therefor, by the justice of the... peace court of Tayum and the Court of First Instance of Ilocos Sur.

Exhibit B shows that one Francisco Tupasi and others, on the 8th day of February, 1911, had been arrested by an.order of the justice of the peace of the municipality of Tayum, Province of Ilocos Sur, and charged with disturbing the public peace, were found guilty, and... sentenced, on the 20th day of February, 1911, to be imprisoned for a period of fifteen days, and each to pay a fine of 25 pesetas, and to pay the costs.

Exhibit C shows that Francisco Tupasi, on the 18th day of May, 1911, had been arrested and taken before the justice of the peace of the municipality of Tayum, Province of Ilocos Sur, charged with the crime of "injurias graves," and was sentenced on the 22d day of May, 1911,... to be imprisoned for a period of fifteen days and to pay a fine of 75 pesetas and the costs.

Exhibit D is the certificate of the clerk of the Court of First Instance of the Province of Ilocos Sur and shows that the Honorable Dionisio Chanco, on the 26th day of April, 1911, in an appealed case for disturbing the public peace, sentenced the said Francisco Tupasi and... others to pay a fine of 60 pesetas, in case of insolvency to suffer subsidiary imprisonment, and to pay the costs.

Issues:

The trial court erred in holding section 3 of Act No. 1697 to be applicable in this case.

Ruling:

With reference to the first assignment of error, that the lower court committed an error in applying section 3 of Act No. 1697 to the facts in the present case

Act No. 2169 of the Philippine Legislature, which is an Act to provide for the reorganization, government, and inspection of municipal police of the municipalities or provinces and subprovinces organized under Act No. 83, provides for the reorganization of the municipal... police of the municipalities or provinces and subprovinces organized under Act No. 83.

Said Act further provides that, subject to the approval of the Secretary of Commerce and Police, the Director of Constabulary shall prepare general regulations for the good government, discipline, and inspection of the municipal police, "compliance wherewith shall be... obligatory for all members of the organization."

Said Act further provides for an examining board for the municipal police. It further provides that, subject to the approval of the Secretary of Commerce and Police, the Director of Constab... ulary shall prepare an/examination manual, prescribing, at the same time, suitable... rules for the conduct of the examination.

In accordance with the requirements of said law, the Director of Constabulary prepared an examination manual, prescribing at the same time rules for conducting examinations, which examination manual was approved by the Secretary of Commerce and Police, and thereby was given... the force of law.

Principles: