In the Philippine legal system, the integrity of judicial and administrative proceedings relies heavily on the truthfulness of sworn statements. When an individual deliberately lies under oath or maliciously accuses another of a crime they did not commit, they undermine the pillars of justice.
Depending on the circumstances, these acts are prosecuted under the Revised Penal Code (RPC) as either Perjury or Incriminatory Machinations (False Accusation).
1. Understanding Perjury (Article 183, RPC)
Perjury is the willful and corrupt assertion of a falsehood under oath or affirmation on a material matter. Contrary to popular belief, it is not limited to testifying in a courtroom; it applies to any affidavit or statement required by law.
The Four Essential Elements
To successfully prosecute a case for perjury, the following must be proven beyond reasonable doubt:
- A sworn statement was made: The accused made a statement under oath or executed an affidavit on a material matter.
- Before a competent officer: The oath was administered by an officer authorized by law to do so (e.g., a Notary Public, Prosecutor, or Clerk of Court).
- Willful and deliberate assertion of a falsehood: The accused made a statement they knew to be false.
- Requirement of Law: The sworn statement is required by law or made for a legal purpose.
Note on "Material Matter": The falsehood must be relevant to the main issue of the proceeding. If the lie is trivial and has no bearing on the outcome of the case, a perjury charge may fail.
2. Understanding False Accusation (Article 363, RPC)
Often confused with perjury, Incriminatory Machinations or "Planting of Evidence" involves acts that tend directly to implicate an innocent person in the commission of a crime.
- False Accusation/Denunciation: This occurs when someone formally files a criminal complaint against another, knowing the allegations are completely fabricated.
- The Element of Malice: The primary driver must be the intent to harass or cause the innocent party to undergo a criminal investigation or prosecution.
3. Step-by-Step Process for Filing the Complaint
Step 1: Gathering Evidence
You cannot file a complaint based on a hunch. You need "Prima Facie" evidence:
- The Original Document: Secure a certified true copy of the affidavit or transcript of stenographic notes (TSN) containing the false statement.
- Proof of Falsity: Gather documents, CCTV footage, or witness testimonies that prove the statement made by the accused is objectively false.
- Proof of Knowledge: Evidence showing the accused knew the statement was false at the time they made it.
Step 2: Drafting the Complaint-Affidavit
You must prepare a Complaint-Affidavit. This is a sworn document where you (the Complainant) detail the facts of the case. It should clearly outline how the elements of Perjury or False Accusation are met.
Step 3: Filing at the Office of the Prosecutor
The complaint is filed in the Office of the Prosecutor in the city or province where the false statement was made or where the affidavit was executed.
- You must sign the affidavit in the presence of a duty prosecutor.
- You must pay the required filing fees (if applicable, though criminal complaints usually don't have high fees).
Step 4: Preliminary Investigation
Once filed, the case undergoes a Preliminary Investigation:
- Subpoena: The Prosecutor issues a subpoena to the Respondent (the person you accused).
- Counter-Affidavit: The Respondent is given a chance to submit their defense.
- Resolution: The Prosecutor will issue a Resolution. If they find Probable Cause, they will file a formal "Information" (the criminal charge) in court. If not, the case is dismissed.
4. Penalties and Consequences
Under Philippine law, the penalties have been updated by Republic Act No. 11594 (signed in 2021), which significantly increased the prison terms for perjury:
| Crime | Penalty (Approximate) |
|---|---|
| Perjury | Prision Mayor (6 years and 1 day to 12 years) |
| Perjury by a Public Officer | Maximum period of the penalty plus perpetual disqualification from office |
| False Accusation | Varies depending on the gravity of the crime falsely imputed |
5. Key Defenses to Anticipate
When filing, be prepared for the Respondent to raise the following common defenses:
- Good Faith: The accused claims they genuinely believed the statement was true at the time (lack of "willful" intent).
- Recantation: In some narrow cases, if the witness corrects their statement before it affects the proceeding, it may mitigate liability (though this is difficult to pull off).
- Immateriality: The argument that the lie did not affect the outcome of the case.
6. Important Considerations
- Prescription Period: You must file the case within the prescriptive period (usually 10 years for perjury under the new law).
- Forum Shopping: Ensure that filing the perjury case is not seen as a mere tactic to harass the other party in an ongoing civil or criminal dispute, as judges look unfavorably upon "tit-for-tat" litigation.
- Civil Liability: Aside from prison time, you can also pray for Moral Damages and Attorney's Fees as part of the criminal case, seeking compensation for the damage to your reputation and the stress caused by the false statement.