1) Overview: What “Perjury” Means in Philippine Law

In Philippine criminal law, perjury generally refers to the willful and deliberate making of a false statement under oath on a matter that is material (i.e., significant to the proceeding, transaction, or purpose for which the sworn statement is required or used). The most common setting is a sworn affidavit (including notarized affidavits, sworn declarations, and verified pleadings), but perjury can also involve sworn statements taken by officers authorized to administer oaths.

Perjury is a criminal offense. Filing a perjury complaint is therefore the start of a criminal process that can lead to prosecution by the State, not merely a private dispute.

Note on scope: Philippine law distinguishes perjury from certain related offenses such as false testimony in court and falsification of documents. Correctly classifying the offense matters because it affects the elements to prove, venue, and strategy.

2) Key Legal Basis and Related Offenses

A. Perjury (Revised Penal Code)

Perjury is penalized under the Revised Penal Code (RPC) provisions commonly applied to false sworn statements (e.g., affidavits and similar declarations).

Core concept: A person, under oath and before an authorized officer, knowingly and willfully makes a false statement on a material matter.

Penalty note: The RPC penalties include imprisonment and a fine. The fine amounts in older codal versions have been amended over time (notably by legislation adjusting fines). Use an updated codal reference when quoting fine figures.

B. False Testimony (RPC)

If the falsehood occurs in testimony in judicial proceedings (in-court testimony), the offense is often false testimony rather than perjury, depending on the context. This distinction is important because:

the elements differ (testifying in a judicial proceeding vs. executing a sworn affidavit), and
the venue and proof issues may differ.

C. Falsification (RPC)

If the issue is not merely “lying under oath” but involves a document being made to appear true when it is not—especially where the document’s contents or execution are fabricated—the proper charge may be falsification of a public/official/commercial document or falsification by a private individual, depending on the document type and circumstances.

D. Other Potentially Relevant Remedies

Depending on the situation, conduct involving lies under oath may also trigger:

Contempt (in some judicial settings),
Administrative cases (for public officers, professionals, or notaries),
Civil liability (damages), or
Other criminal offenses (e.g., unjust vexation, harassment-related provisions in special laws when applicable), though these are fact-specific.

3) Elements You Must Prove in a Perjury Complaint

A strong perjury complaint is built around the statutory elements, typically including:

A sworn statement or testimony under oath The statement must have been made under oath (e.g., notarized affidavit with a jurat, sworn declaration before an authorized officer).
Oath administered by a competent authority The oath must be administered by a person authorized by law to administer oaths (e.g., notary public, certain government officers within their authority).
A statement that is false You must identify the specific statement(s) alleged to be false—quote them exactly and point to where they appear in the affidavit/record.
Materiality of the false statement The false statement must be material: it must be capable of influencing an outcome or be relevant to the purpose for which the sworn statement was required or used. Trivial inaccuracies are not enough.
Willful and deliberate intent (mens rea) It must be shown that the respondent knew the statement was false and intended to assert it as true under oath. Honest mistake, confusion, misinterpretation, or ambiguity can weaken the case.

Practical implication: Perjury is not proven by contradiction alone. The complaint should show (a) falsity, (b) materiality, and (c) intentional lie.

4) Common Situations That Lead to Perjury Complaints

Perjury complaints in practice often arise from:

Affidavits submitted in criminal complaints (e.g., accusing someone of theft, assault, estafa),
Counter-affidavits in preliminary investigation,
Sworn statements for government filings (e.g., sworn declarations, sworn applications),
Verified pleadings (pleadings signed with verification under oath),
Affidavits of loss, identity, residency, or relationship,
Notarized contracts with sworn assertions (less common, depends on content and form).

5) Venue: Where to File the Perjury Complaint

Venue rules are crucial. For perjury involving a sworn affidavit, Philippine practice generally treats the place where the affidavit was executed/subscribed and sworn to (i.e., where the oath was administered) as the proper venue—rather than where the affidavit was later used or submitted.

What to do: Check the affidavit’s jurat:

It typically states the city/municipality and date where it was “subscribed and sworn” before the notary/officer.
File the complaint with the Office of the City Prosecutor or Provincial Prosecutor that has jurisdiction over that place.

If uncertain: Use the notary’s office location and the jurat location as primary indicators, then confirm which prosecutor’s office covers that locality.

6) Who Can File and Against Whom

A. Who may file

Any person with knowledge and evidence of the perjury may file a complaint, particularly one injured or prejudiced by the false sworn statement. In practice, prosecutors take complaints more seriously when the complainant can show direct prejudice, but direct injury is not always strictly required for the State to prosecute.

B. Against whom

The respondent is typically the affiant (the person who swore to the statement). In some cases, others may be implicated (e.g., inducement), but perjury cases usually focus on the person who made the sworn false statement.

7) Step-by-Step: How to File a Perjury Complaint (Prosecutor Route)

Perjury is typically initiated through the prosecutor’s office via preliminary investigation.

Step 1: Gather and secure evidence

At minimum, obtain:

Certified true copy (or at least a clear copy) of the sworn statement/affidavit containing the alleged falsehood.
Proof the statement was under oath and before an authorized officer:
- notarized document with jurat and notarial details, or
- certification/record from the administering office.
Evidence proving falsity:
- documents (records, certifications, official registries),
- witness affidavits,
- photos/videos,
- transaction records,
- prior inconsistent sworn statements,
- admissions/messages (handle authentication issues carefully).
Evidence proving materiality:
- the case/transaction where it was used,
- how it affected a finding, action, or legal consequence.
Evidence suggesting intent:
- proof respondent knew the truth (prior notices, documents served, earlier statements, personal participation).

Tip: Build your evidence around each element: oath → false statement → materiality → intent.

Step 2: Draft the Complaint-Affidavit

A perjury complaint is commonly filed as a Complaint-Affidavit (a sworn narrative). Structure it like this:

Caption and parties
- “Complaint-Affidavit for Perjury”
- Complainant details and respondent details (names, addresses)
Jurisdiction and venue
- State where the perjurious affidavit was subscribed and sworn, and why the office has jurisdiction.
Statement of facts (chronological)
- Provide timeline and context.
Exact statements alleged to be false
- Quote verbatim (with page/paragraph references).
- Identify each alleged false statement as a numbered item.
Why each statement is false
- Present direct proof (attach as annexes).
- Avoid conclusions without documents or witness support.
Materiality
- Explain why the lie mattered (how it could affect the proceeding/decision).
Intent
- Facts showing knowledge and willfulness (not mere speculation).
Attachments (Annexes)
- Mark and label as Annex “A”, “B”, etc.
- Include an index of annexes.
Prayer
- Request that charges for perjury be filed against respondent.
Verification and jurat

Sign and swear to it before a notary or authorized officer.

Step 3: Prepare supporting affidavits and documents

Witness affidavits: If other people can attest to facts, secure their sworn statements.
Certified records: When possible, obtain certified copies from issuing offices (civil registry, government agencies, courts), because certification increases evidentiary weight.

Step 4: File at the proper Prosecutor’s Office

Submit:

Complaint-Affidavit (original plus required copies),
All annexes (properly marked),
Respondent’s address for subpoena service.

Some offices have intake checklists; follow their formatting and number-of-copies requirements.

Step 5: Preliminary Investigation process (what to expect)

Typically:

Evaluation for sufficiency in form
Subpoena issued to respondent with your complaint
Respondent submits Counter-Affidavit and evidence
You may file a Reply-Affidavit (if allowed/required)
Possible clarificatory hearing (discretionary)
Prosecutor issues a Resolution (dismissal or finding of probable cause)
If probable cause: an Information is filed in court

Step 6: If dismissed—remedies

Common remedies include:

Motion for Reconsideration within the prosecutor’s office (subject to rules and timelines), and/or
Appeal / petition for review to the Department of Justice (DOJ) in many cases, depending on the office and nature of the case.

Deadlines and procedural requirements vary; missed deadlines can forfeit remedies.

8) Alternative Filing Paths: Ombudsman and Other Fora

A. Office of the Ombudsman

If the respondent is a public officer or employee, and the alleged perjury is connected with official functions or involves public accountability issues, the Ombudsman may have jurisdiction to investigate. The Ombudsman also handles related administrative dimensions.

Practical approach:

For purely private disputes: prosecutor route is typical.
For public officers and office-related acts: Ombudsman route may be appropriate (and sometimes preferable).

B. Notary Public administrative liability (separate track)

If the perjurious affidavit is tied to notarial irregularities (e.g., no personal appearance, forged ID, false acknowledgment/jurat circumstances), there may be a separate remedy:

Administrative complaint against the notary (often filed with the Executive Judge/appropriate court per notarial rules), which is separate from perjury and has different standards and outcomes.

9) Drafting a Strong Case: What Prosecutors Look For

A. Precision and “pinpoint falsity”

Perjury complaints fail when they:

vaguely allege “the affidavit is false,” without isolating exact statements; or
show only that parties disagree, not that a specific statement is objectively false.

B. Materiality is not optional

A lie must be more than embarrassing or irritating; it must matter. Show the statement’s link to:

a legal consequence,
a fact in issue,
a requirement for a government action,
a basis for filing or defending a case.

C. Intent is the hard part

Proof of intent often comes from:

documents the respondent received,
circumstances showing personal knowledge,
prior sworn statements contradicting the new one,
admissions, messages, or conduct inconsistent with the sworn claim.

D. Avoid overcharging

If the true issue is falsification, false testimony, or another offense, a perjury complaint may be dismissed for charging the wrong crime.

10) Defenses and Common Reasons Perjury Complaints Get Dismissed

Immaterial statement The statement is not relevant or significant.
Ambiguity / opinion / conclusion Statements of opinion, estimates, or legal conclusions are harder to treat as “false statements of fact.”
Good faith mistake Confusion, poor recollection, misunderstanding, translation issues.
No competent proof of falsity Contradiction without documentary support may be insufficient.
Issues with oath administration If the oath was not properly administered by an authorized officer, or document defects cast doubt on the “under oath” element.
Improper venue Filed in the wrong locality (common in affidavit-based perjury).

11) Prescription (Time Limits) and Timing Considerations

Crimes prescribe (expire) after a period set by law based on the penalty classification. Perjury is generally treated as an offense with a correctional penalty classification, which typically carries a longer prescriptive period than minor offenses.

Timing practice points:

Do not delay—records disappear, witnesses become unavailable, and technical defenses strengthen over time.
In affidavit-based perjury, issues can arise as to when the prescriptive period begins (often treated as from the execution/subscription of the affidavit). Because jurisprudence nuances can be decisive, aligning filing timing with a conservative reading of prescription is prudent.

12) Checklist: What to Attach and Bring

Essential

Copy or certified copy of the perjurious affidavit / sworn statement
Complaint-Affidavit (sworn)
Annexes proving falsity (certifications, records, contracts, official documents)
Annexes showing materiality (case records, pleadings, official requirements)
Witness affidavits (if any)
Respondent’s correct address/es

Helpful

Prior inconsistent sworn statements by respondent
Documentary proof respondent knew the truth (receipts, notices, emails/messages, official communications)
Proof of notarial details (notary register reference if obtainable, certifications where appropriate)

13) Sample Outline (Non-Template) of Allegations

A perjury Complaint-Affidavit typically reads like:

I am the complainant and have personal knowledge of the facts.
On (date) in (place), respondent executed an affidavit subscribed and sworn before (name/position), an authorized officer.
In that affidavit, respondent stated: “(exact quote).”
This statement is false because: (proof with annex references).
The statement is material because: (explain relevance and consequence).
Respondent acted willfully and deliberately because: (facts showing knowledge and intent).
I submit annexes A–__ in support and pray that respondent be charged with perjury.

14) Practical Risks and Responsible Filing

Because perjury is a criminal accusation, filing recklessly can backfire. Common risks include:

exposure to counter-charges (depending on conduct and statements made),
credibility damage if allegations are overstated,
escalation of related civil or criminal disputes.

Responsible practice is to file only when the evidence can realistically establish falsity, materiality, and intent, and when venue and procedure are correct.

15) Bottom Line

Filing a perjury complaint in the Philippines is primarily an evidence-driven process that begins with a properly drafted Complaint-Affidavit filed in the correct venue—usually where the affidavit was subscribed and sworn—and proceeds through preliminary investigation. The strongest cases identify exact false statements, prove objective falsity with reliable records, demonstrate why the lie was material, and show facts indicating a willful intent to lie under oath.