Arroyo V Berwin

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IGNACIO ARROYO, Plaintiff-Appellant, v. ALFRED BERWIN, Defendant-Appellee.

FACTS:
- Berwin acted as counsel in the court of Iloilo for Marcela Juanesa because she was prosecuted for
theft by plaintiff Ignacio Arroyo.
- Berwin requested Arroyo to dismiss the criminal proceeding because Marcela Juaneza would
recognize the ownership of Arroyo in the land in Calle San Juan, Molo, Iloilo.
- Berwin, moreover, agreed that Arroyo must obtain a torrens title in the next term of the court for
the trial of cadastral cases and Marcela Juaneza would not object to the application for
registration of the said land by the applicant PROVIDED that Arroyo will ask the prosecutor to
dismiss the criminal charges against her.
- Arroyo complied and requested the prosecutor to cease from pursuing the criminal case.
- The prosecutor then petitioned and the court dismissed. Arroyo then made a written agreement
stating the agreed terms and sent it to Berwin to be signed by Marcela.
- Berwin, as her legal counsel, did not return the said written agreement.

ISSUE:
- W/N the consideration of the contract is illegal.

RULING:
- The Supreme Court dismissed this complaint on the ground of the illegality of the consideration
of the alleged contract.
- An agreement by the owner of stolen goods to stifle the prosecution of the person charged with
the theft, for a pecuniary or other valuable consideration, is manifestly contrary to public policy
and the due administration of justice.
- In the interest of the public, it is of the utmost importance that criminals should be prosecuted and
that all criminal proceedings should be instituted and maintained in the form and manner
prescribed by law.
- To permit an offender to escape the penalties prescribed by law by the purchase of immunity
from private individuals would result in a manifest perversion of justice.
- The order entered in the court below should, therefore, be affirmed, with the costs of this instance
against the appellant.

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