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    3) Pilapil - US v. Molina

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    Malcolm Cruz
    Molina was charged with perjury for falsely claiming no criminal record on an application for the municipal police service. The application required an oath and was authorized by regulations from the Director of Constabulary, as allowed under a statute. The court ruled that violating regulations based on a statute can constitute an offense, so Molina could be prosecuted for perjury despite the oath only being required by regulation, not statute directly. However, one judge dissented, arguing the case was not authorized by Philippine law.

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    3) Pilapil - US v. Molina

    Uploaded by

    Malcolm Cruz
    33 views1 page
    Molina was charged with perjury for falsely claiming no criminal record on an application for the municipal police service. The application required an oath and was authorized by regulations from the Director of Constabulary, as allowed under a statute. The court ruled that violating regulations based on a statute can constitute an offense, so Molina could be prosecuted for perjury despite the oath only being required by regulation, not statute directly. However, one judge dissented, arguing the case was not authorized by Philippine law.

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    Molina was charged with perjury for falsely claiming no criminal record on an application for the municipal police service. The application required an oath and was authorized by regulations from the Director of Constabulary, as allowed under a statute. The court ruled that violating regulations based on a statute can constitute an offense, so Molina could be prosecuted for perjury despite the oath only being required by regulation, not statute directly. However, one judge dissented, arguing the case was not authorized by Philippine law.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    33 views1 page

    3) Pilapil - US v. Molina

    Uploaded by

    Malcolm Cruz
    Molina was charged with perjury for falsely claiming no criminal record on an application for the municipal police service. The application required an oath and was authorized by regulations from the Director of Constabulary, as allowed under a statute. The court ruled that violating regulations based on a statute can constitute an offense, so Molina could be prosecuted for perjury despite the oath only being required by regulation, not statute directly. However, one judge dissented, arguing the case was not authorized by Philippine law.

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    © All Rights Reserved
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    of 1

    Author: Pilapil

    US v. Molina (1914) Philippine Islands authorizes an oath to be administered, that he will testify,
    declare, depose, or certify truly, or that any written testimony, declaration,
    Petition: Appeal deposition or certificate by him subscribed is true, willfully and contrary to
    Petitioners: THE UNITED STATES such oath states or subscribes any material matter which he does not believe
    Respondents: FRANK TUPASI MOLINA to be true, is guilty or perjury, and shall be punished, etc
    Ponencia: JOHNSON, J
     Act 2169 provides that subject to the approval of the Secretary of
    DOCTRINE: A violation of a regulation prescribed by an executive officer of the Commerce and Police, the Director of Constabulary shall prepare general
    Government in conformity with and based upon a statute authorizing such regulation, regulations for the good government, discipline, and inspection of the
    constitutes an offense and renders the offender liable to punishment in accordance municipal police,
    with the provisions of law
     Act 2169 provides that "To be eligible for examination, a candidate shall
    FACTS: have the following requirements: . . . (6) Have no criminal record
    1. Molina willfully, unlawfully and criminally affirmed and asserted an oath,
    during the examination for the municipal police service, his lack of a criminal
    record w/c he knew to be false DISPOSITION:
    2. In his application, he asserted that he had never been indicted, tried or sentenced
    for a violation of any law, ordinance or regulation
    3. Record shows that he has already been indicted for two cases of disturbing the
    public peace and for injurias graves MORELAND, J., dissenting:
    4. Record also shows that before such oath, he was also sworn before a notary
    public
    I dissent. The case of United States vs. George (228 U. S., 14), is decisive of this,
    5. US argues that Molina is guilty of perjury under Act 1697
    holding that an indictment for perjury can not be based on an affidavit not authorized
    6. Molina argues that the Act only authorizing the appointment of commissioners,
    or required by any law of the United States. There is no law of the Philippine Islands
    to make official investigations, fixing their powers, for the payment of witness
    which authorizes or requires the affidavit which is the basis of the charge of perjury
    fees, and for the punishment of perjury in official investigations
    in this case
    ISSUE:
    1. WoN Molina may be prosecuted for perjury when the oath required
    was merely by the order of the Director of Constabulary
    RULING + RATIO:
    1. Yes

     Of course, the regulations adopted under legislative authority by a particular


    department must be in harmony with the provisions of the law, and for the
    sole purpose of carrying into effect its general provisions. By such
    regulations, of course, the law itself can not be extended. So long, however,
    as the regulations relate solely to carrying into effect the provisions of the
    law, they are valid. A violation of a regulation prescribed by an executive
    officer of the Government in conformity with and based upon a statute
    authorizing such regulation, constitutes an offense and renders the offender
    liable to punishment in accordance with the provisions of law

     Act No. 1697 provides that Any person who, having taken an oath before a
    competent tribunal, officer, or person, in any case in which a law of the

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