G.R. No. 12184 ; September 27, 1917
THE UNITED STATES, plaintiff-appellee, vs. CHIU GUIMCO, defendant-appellant.

FACTS:
The defendant-appellant, Chiu Guimco, was the brother and appointed agent (apoderado) of Joaquin Cruz, a Chinese merchant who died in China in 1910. Before his departure, Joaquin Cruz executed a will naming Chiu Guimco and Co-Iden as executors. In August 1910, Chiu Guimco and Co-Iden signed a petition for the probate of the will but did not produce the will itself. Co-Iden later died, and no further steps were taken to probate the will. Chiu Guimco took possession of his brother’s estate and entered into agreements with the deceased’s Chinese wife (Uy Cuan) and Filipina wife (Maria Villafranca), but failed to distribute the estate or make agreed payments. In 1915, upon demand by a representative of Uy Cuan to produce the will, Chiu Guimco, after consulting a friend, falsely denied ever possessing it. However, evidence showed he had previously shown the will to that friend. A criminal complaint was filed against him under Section 628 of the Code of Civil Procedure for withholding a will. The trial court found him guilty, imposed a fine of P1,800, and ordered him jailed until he produced the will or until further order.

ISSUE:
1. Whether the trial court erred in finding Chiu Guimco guilty under Section 628 of the Code of Civil Procedure for failing to produce the will.
2. Whether the trial court erred in ordering Chiu Guimco imprisoned under Section 629 of the same Code until he produced the will.

RULING:
1. On the criminal liability under Section 628: The Supreme Court affirmed the conviction. The evidence established that Chiu Guimco had possession of the will and willfully failed to produce it within the time required by law. His actions in managing the estate without probate, entering into questionable agreements, and falsely denying possession demonstrated bad faith. The penalty of a P1,800 fine was upheld.
2. On the imprisonment order under Section 629: The Supreme Court modified the judgment by vacating the order of commitment. The Court held that Section 629 provides a separate, civil remedy to compel production of a will, applicable only when a court is exercising jurisdiction over estate administration proceedings. It cannot be superimposed as an additional penalty in a criminal prosecution under Section 628. Moreover, compelling production in a criminal trial would violate the accused’s right against self-incrimination. The Court clarified that proceedings under Section 629 may be initiated separately after conviction or independently when no criminal action is pending.
Disposition: The judgment of conviction and fine were affirmed, but the order of imprisonment was set aside. The accused was to be credited for any time served under the invalid commitment if subsidiary imprisonment for insolvency was imposed. Costs were awarded against the appellant.

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