Introduction

Perjury, as a criminal offense in the Philippine legal system, undermines the integrity of judicial proceedings and administrative processes by involving the deliberate making of false statements under oath. It is a serious violation that can lead to significant penalties, reflecting the state's commitment to upholding truth and justice. This article explores the concept of perjury within the Philippine context, focusing on its legal definition, elements, the procedural requirements for filing a complaint, and the associated court fees. Understanding these aspects is crucial for individuals, legal practitioners, and entities navigating potential cases of false testimony or affidavits.

Legal Basis and Definition

Perjury is primarily governed by Article 183 of the Revised Penal Code (Act No. 3815, as amended), which defines it as the willful and corrupt assertion of a falsehood under oath or affirmation on a material matter, where such oath or affirmation is administered by authority of law. The offense extends to false testimony in judicial, administrative, or other official proceedings, as well as false affidavits or declarations required by law.

Under Philippine jurisprudence, perjury is not limited to courtroom testimony but includes any sworn statement, such as those in affidavits submitted to government agencies, notarial documents, or applications for permits and licenses. For instance, falsifying information in a tax return or a voter's affidavit could constitute perjury if done willfully. The Supreme Court has consistently held that the essence of perjury lies in the intent to deceive and the materiality of the false statement to the matter at hand (e.g., People v. Abaya, G.R. No. 206226, 2016).

Related provisions include Article 184 on subornation of perjury, which penalizes inducing another to commit perjury, and Republic Act No. 11594, which amended certain aspects of the Revised Penal Code to adjust penalties for inflation. Additionally, perjury may intersect with other laws, such as the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) in cases involving public officials, or the Cybercrime Prevention Act (Republic Act No. 10175) if false statements are made in electronic form.

Elements of Perjury

To establish perjury, the prosecution must prove the following elements beyond reasonable doubt:

Sworn Statement or Testimony: The accused must have made a statement under oath or executed an affidavit. This includes oaths administered by judges, notaries public, or authorized government officials.
Competent Authority: The oath must be given before an officer competent to administer it, such as a court clerk, fiscal, or administrative body.
Willful and Deliberate Falsehood: The assertion must be knowingly false, with the accused aware of its falsity at the time of making it. Mere negligence or mistake does not suffice; intent is key.
Materiality: The false statement must pertain to a material fact—one that could affect the outcome of the proceeding or the purpose for which the statement was required. For example, lying about one's income in a loan application affidavit is material if it influences approval.

Failure to prove any element results in acquittal. Courts have emphasized that contradictory statements alone do not automatically constitute perjury unless willfulness is shown (e.g., Diaz v. People, G.R. No. 180677, 2009).

Jurisdiction and Venue

Perjury cases fall under the jurisdiction of the Regional Trial Court (RTC) if the penalty exceeds six years, or the Metropolitan Trial Court/Municipal Trial Court (MeTC/MTC) for lesser penalties, depending on the imposable sentence. Venue is typically where the perjured statement was made or subscribed, or where the proceeding in which it was used occurred, as per Rule 110 of the Revised Rules of Criminal Procedure.

Filing a Complaint for Perjury

Perjury is a public offense, prosecutable by the state through the Department of Justice (DOJ) or its prosecutorial arms. Private individuals or entities can initiate by filing a complaint, but the case proceeds as a criminal action in the name of the People of the Philippines.

Steps in Filing

Preparation of Complaint-Affidavit: The complainant drafts a sworn complaint-affidavit detailing the facts constituting perjury, including the false statement, its context, and evidence of falsity and willfulness. This must be subscribed before a prosecutor or notary public.
Submission to the Prosecutor's Office: The complaint is filed with the Office of the City or Provincial Prosecutor in the locality where the offense occurred. No filing fee is required at this stage for the complainant, as it is a criminal complaint.
Preliminary Investigation: The prosecutor conducts a preliminary investigation to determine probable cause. This involves submission of counter-affidavits by the respondent, rebuttals, and clarifications. If probable cause exists, the prosecutor files an Information in the appropriate court. If not, the complaint is dismissed, subject to appeal to the DOJ Secretary.
Court Filing: Upon endorsement, the Information is filed in court, initiating the judicial phase with arraignment, pre-trial, trial, and judgment.

The entire process adheres to the 2019 Revised Rules on Criminal Procedure, emphasizing speedy disposition. Delays can be grounds for administrative sanctions against prosecutors.

Requirements for Filing

To file a valid complaint for perjury, the following are essential:

Sworn Complaint-Affidavit: Must include the complainant's personal knowledge or evidence of the perjury, with attachments such as the perjured document, witnesses' affidavits, and proof of materiality and falsity (e.g., contradictory documents or records).
Supporting Documents: Copies of the oath or affidavit in question, transcripts of proceedings if applicable, and any evidence disproving the statement (e.g., birth certificates contradicting a sworn age declaration).
Certification Against Forum Shopping: Required under Supreme Court rules to certify that no similar action is pending elsewhere.
Witnesses: Affidavits from witnesses who can attest to the falsity or the circumstances of the oath.
Identification of Parties: Full names, addresses, and contact details of the complainant and respondent.

For corporate complainants, board resolutions authorizing the filing are needed. If the perjury involves election-related matters, it may fall under the Omnibus Election Code, requiring coordination with the Commission on Elections (COMELEC).

Complaints must be filed within the prescriptive period: 10 years for perjury, as it is punishable by up to six years imprisonment (Article 90, RPC).

Court Fees and Costs

In criminal cases like perjury, the Philippine legal system generally exempts the complainant from paying filing fees, as the action is instituted by the state. However, certain costs may arise during the proceedings:

Docket Fees: Under Supreme Court Administrative Matter No. 04-2-04-SC, no docket fees are charged for criminal complaints filed by private complainants in the prosecutor's office. Upon filing of the Information in court, the accused may be required to pay docket fees if convicted, but this is not upfront.
Sheriff's Fees: For service of summons, subpoenas, or execution of judgments, fees range from PHP 100 to PHP 500 per service, depending on distance and nature (per the 2000 Revised Manual for Clerks of Court).
Transcript Fees: If court transcripts are requested, fees are PHP 20 per page for the first copy, plus PHP 5 for additional copies.
Bail Bond Premiums: If the accused applies for bail (recommended amount: PHP 24,000 for basic perjury), premiums are typically 1-2% of the bail amount, paid to accredited sureties.
Legal Fees: While not court-imposed, complainants often incur attorney's fees, which vary but can start at PHP 50,000 for a full case in Metro Manila.
Other Costs: Witness travel expenses, photocopying (PHP 1-2 per page), and notarial fees (PHP 200-500 per document) may apply.

Indigent litigants can avail of free legal aid from the Public Attorney's Office (PAO) or exemptions under Republic Act No. 9999 (Free Legal Assistance Act). In cases where perjury is ancillary to a civil suit, additional civil docket fees may be computed based on the main action's value.

Procedure After Filing

Once in court:

Arraignment: The accused pleads guilty or not guilty.
Pre-Trial: Mandatory conference for stipulations, marking of evidence, and possible plea bargaining (allowed under Republic Act No. 11235 for lesser offenses).
Trial: Presentation of evidence, cross-examination, and arguments.
Judgment: Conviction or acquittal, with appeal options to the Court of Appeals or Supreme Court.

Speedy trial is mandated, with cases ideally resolved within 180 days from arraignment.

Penalties

Upon conviction:

Basic Perjury: Arresto mayor in its maximum period to prision correccional in its minimum period (4 months and 1 day to 2 years and 4 months).
Aggravated Cases: Higher penalties if committed in contempt of court or involving public documents.
Subornation: Same as perjury.
Accessory Penalties: Perpetual disqualification from public office or profession if applicable.

Fines may be imposed in lieu of imprisonment for minor cases, adjusted for inflation per Republic Act No. 10951.

Defenses and Related Considerations

Common defenses include lack of materiality, absence of willfulness (e.g., good faith error), or invalid oath. Prescription, double jeopardy, or pardon can bar prosecution. Perjury traps—where statements are elicited solely to charge perjury—are frowned upon by courts.

In administrative contexts, perjury can lead to disbarment for lawyers (Code of Professional Responsibility) or dismissal for public servants (Civil Service rules). It may also serve as grounds for nullifying documents or decisions based on false statements.

Conclusion

Perjury strikes at the core of the Philippine justice system, necessitating strict filing protocols and minimal financial barriers to encourage reporting. By adhering to the outlined requirements and understanding potential costs, stakeholders can effectively pursue accountability for false oaths, thereby reinforcing trust in legal processes.