When someone files a false sworn statement or uses a fake notarized document in the Philippines, the first practical question is often: Is it too late to file a criminal complaint? The answer depends on the exact offense, the penalty provided by law, when the falsehood was discovered, and whether a complaint or information has already been filed. For most current perjury cases, the prescriptive period is now 15 years. For the ordinary criminal use of a falsified public document, the period is generally 10 years. But there are important exceptions, especially for older perjury acts, public officers, notarized documents, and cases where the offender was outside the Philippines.

Quick Answer: Prescription Periods for Perjury and Use of Falsified Public Documents

In criminal law, “prescription” means the government loses the right to prosecute an offense after a certain period. The period is based mainly on the penalty imposed by the Revised Penal Code.

Offense	Usual legal basis	General prescriptive period	Practical note
Perjury committed after Republic Act No. 11594 took effect	Article 183, Revised Penal Code, as amended by RA 11594	15 years	RA 11594 increased the penalty for perjury to prision mayor in its minimum to medium periods, which is an afflictive penalty.
Perjury committed before RA 11594 took effect	Old Article 183, Revised Penal Code	Usually 10 years	Older acts are generally judged under the older, lighter penalty because harsher penal laws do not retroact. (Lawphil)
Use of a falsified public, official, or commercial document	Article 172(3), Revised Penal Code	Generally 10 years	The penalty is generally correctional because Article 172 punishes the user by the penalty next lower in degree. (Supreme Court E-Library)
Falsification of a public document by a public officer, employee, or notary	Article 171, Revised Penal Code	Generally 15 years	Article 171 carries prision mayor, an afflictive penalty. (Supreme Court E-Library)

The period does not always start on the date the document was signed or notarized. Under Article 91 of the Revised Penal Code, prescription begins to run from the day the crime is discovered by the offended party, authorities, or their agents. It is interrupted by the filing of the complaint or information and does not run while the offender is absent from the Philippines. (Lawphil)

What “Prescription” Means in a Philippine Criminal Case

Prescription of a crime is different from simply being “delayed.” It is a legal time limit. Once the prescriptive period has fully run, criminal liability is extinguished, and the accused may raise prescription as a defense.

Article 90 of the Revised Penal Code sets the general periods:

Penalty classification	Examples	Prescriptive period
Death, reclusion perpetua, reclusion temporal	Very serious felonies	20 years
Other afflictive penalties	Includes prision mayor	15 years
Correctional penalties	Includes prision correccional	10 years
Arresto mayor	Shorter correctional penalty	5 years
Light offenses	Minor offenses	2 months

For offenses punished by a compound penalty, the highest penalty is used to determine the prescriptive period. (Supreme Court E-Library)

This matters because both perjury and falsified-document cases are often misunderstood. People commonly assume the deadline runs from the date of the affidavit, deed, Special Power of Attorney, board resolution, or certification. In many cases, the better legal question is: When was the falsity discovered, and by whom?

Perjury in the Philippines: What Must Be Proven

Perjury is punished under Article 183 of the Revised Penal Code. In simple terms, it means making a deliberate false statement under oath in a situation where the oath is legally significant.

The Supreme Court has summarized the elements of perjury as follows:

The accused made a statement under oath or executed an affidavit upon a material matter;
The statement or affidavit was made before a competent officer authorized to administer oath;
The accused made a willful and deliberate assertion of a falsehood; and
The sworn statement or affidavit was required by law or made for a legal purpose. (Supreme Court E-Library)

Not Every Lie Is Perjury

A false statement becomes perjury only when the legal elements are present. For example:

Situation	Possible perjury issue?	Why
A person lies casually in a private conversation	Usually no	No oath or legal proceeding
A person signs a false affidavit before a notary	Possibly yes	It is a sworn statement
A party files a false verification or certification in court	Possibly yes	It is required for a legal purpose
A witness gives false testimony in court	Possibly yes	It is testimony under oath
A person makes a mistake in an affidavit	Not automatically	Perjury requires willful and deliberate falsehood

The false statement must usually be material, meaning it matters to the legal purpose of the affidavit, testimony, or sworn declaration. A minor wrong detail that does not affect the legal issue may not be enough.

Current Penalty for Perjury After RA 11594

Republic Act No. 11594 amended Article 183 and increased the penalty for perjury. The current penalty is prision mayor in its minimum period to prision mayor in its medium period. If the offender is a public officer or employee, the penalty is imposed in its maximum period, with a fine of up to ₱1,000,000 and perpetual absolute disqualification from public office.

Because prision mayor is an afflictive penalty, perjury committed under the amended law prescribes in 15 years under Article 90. (Lawphil)

Older Perjury Acts Before RA 11594

Before RA 11594, Article 183 punished perjury with arresto mayor in its maximum period to prision correccional in its minimum period. (Lawphil)

Because this was a correctional penalty, older perjury acts generally prescribed in 10 years, not 15. The increased penalty under RA 11594 should not be applied retroactively to acts committed before the amendment if it would be unfavorable to the accused. The Revised Penal Code itself provides that penal laws are not retroactive unless favorable to the accused. (Lawphil)

So, for perjury, the date of the act matters:

Date of alleged perjury	Likely prescriptive period
Before RA 11594 took effect	Generally 10 years
After RA 11594 took effect	Generally 15 years

RA 11594 was approved on October 29, 2021 and became effective 15 days after publication.

Use of Falsified Public Documents in the Philippines

Using a falsified public document is usually prosecuted under Article 172 of the Revised Penal Code.

This is different from perjury. Perjury focuses on a false sworn statement. Falsification and use of falsified documents focus on the document itself and the public faith attached to it.

What Is a Public Document?

A public document commonly includes documents acknowledged before a notary public, official government records, court documents, and documents issued or certified by public offices.

A notarized document is especially important in Philippine practice. Notarization generally converts a private document into a public document and gives it evidentiary weight. But notarization does not automatically prove that every statement inside the document is true. It mainly relates to due execution and authenticity. (Supreme Court E-Library)

Common examples include:

Notarized Deed of Sale
Special Power of Attorney
Affidavit of Loss
Affidavit of Self-Adjudication
Secretary’s Certificate
Board Resolution
Court affidavit
Acknowledgment receipt notarized as a public document
Certified government records
Public land, tax, immigration, business, or civil registry documents

Article 171: Falsification by Public Officer, Employee, or Notary

Article 171 punishes a public officer, employee, or notary who falsifies a document by acts such as:

Counterfeiting or imitating a signature;
Making it appear that persons participated in an act when they did not;
Attributing statements to persons who did not make them;
Making untruthful statements in a narration of facts;
Altering true dates;
Issuing a certified copy that differs from the original; or
Intercalating an instrument after completion.

Article 171 carries prision mayor and a fine not exceeding ₱1,000,000. (Supreme Court E-Library)

Because prision mayor is afflictive, falsification by a public officer, employee, or notary generally prescribes in 15 years. (Lawphil)

Article 172: Falsification by Private Individuals and Use of Falsified Documents

Article 172 applies to private individuals and to persons who knowingly use falsified documents. It covers:

A private individual falsifying a public, official, or commercial document;
A person falsifying a private document with damage or intent to cause damage; and
A person who knowingly introduces in evidence or uses a falsified document. (Supreme Court E-Library)

For public, official, or commercial documents, the law protects public faith. The Supreme Court has repeatedly explained that in falsification of public or commercial documents, damage or intent to cause damage is generally not necessary because the offense is the violation of public faith and the destruction of truth in a document. (Supreme Court E-Library)

Prescription Period for Use of Falsified Public Documents

For ordinary use of a falsified public, official, or commercial document under Article 172(3), the prescriptive period is generally 10 years.

Why? Article 172 punishes the knowing user of a falsified document by the penalty next lower in degree than the penalty for the falsification. If the use relates to a public or official document falsified under Article 171 or Article 172, the resulting penalty is generally correctional. Correctional penalties prescribe in 10 years under Article 90. (Supreme Court E-Library)

Examples

Scenario	Likely issue	General prescription period
Someone knowingly submits a fake notarized Special Power of Attorney to transfer property	Use of falsified public document	10 years
A person uses a fake board resolution in a bank or corporate transaction	Use of falsified public or commercial document	10 years
A litigant knowingly presents a falsified affidavit or deed in court	Use of falsified public document; possible other offenses	10 years for ordinary Article 172 use
A notary makes it appear that a person personally appeared when they did not	Falsification by notary/public officer	15 years
A public employee falsifies an official government certification	Article 171 falsification	15 years

The final classification can change if the facts also support other charges, such as estafa, graft, land registration violations, immigration offenses, tax offenses, or election offenses. Each offense may have its own elements and prescriptive period.

When Does the Prescription Clock Start?

Under Article 91 of the Revised Penal Code, prescription begins from the day the crime is discovered by:

The offended party;
The authorities; or
The agents of the offended party or authorities. (Lawphil)

This rule is extremely important in document cases because falsified documents are often hidden for years.

Example 1: Fake Deed of Sale

A fake notarized Deed of Sale was supposedly signed in 2018. The real owner only discovered it in 2024 when checking the Register of Deeds.

The accused may argue that prescription started in 2018. The complainant may argue that it started in 2024, when the falsification was discovered.

The discovery date should be supported by evidence, such as:

Certified true copy from the Register of Deeds;
Date of request or release of the document;
Written notice from a government office;
Email or letter showing when the complainant first learned of the document;
Court order or pleading where the document first appeared.

Example 2: False Court Affidavit

A person executed a sworn affidavit in 2020. The opposing party discovered the falsity only when the affidavit was submitted in a court case in 2025.

Depending on the facts, the prosecution may treat 2025 as the discovery date, especially if the offended party had no earlier way to know about the false sworn statement.

Example 3: Fake Document Used Abroad

A Filipino abroad or foreigner dealing with Philippine property discovers that a falsified SPA was used in the Philippines. If the accused is outside the Philippines, Article 91 also provides that prescription does not run while the offender is absent from the Philippine Archipelago. (Lawphil)

In practice, travel records, immigration certifications, passport stamps, and Bureau of Immigration records may become important.

What Stops or Interrupts Prescription?

Article 91 says prescription is interrupted by the filing of the complaint or information. It begins to run again if the proceedings terminate without conviction or acquittal, or if the proceedings are unjustifiably stopped for a reason not imputable to the accused. (Lawphil)

The Supreme Court has also clarified that filing a complaint with the Department of Justice for preliminary investigation can stop the running of the prescriptive period, not only the filing of the information in court. (Supreme Court of the Philippines)

For ordinary complainants, the practical lesson is simple: do not wait until the last year of prescription before preparing the complaint. Document cases take time because you may need certified copies, notarial records, agency certifications, witnesses, translations, apostilles, or foreign documents.

Where to File a Complaint

Most perjury and falsified-document complaints start with the Office of the City Prosecutor or Provincial Prosecutor where the offense was committed.

Venue can be tricky.

For perjury by affidavit, the Supreme Court has explained that the crime is generally committed where the affidavit is subscribed and sworn to. For false testimony, venue is generally where the testimony is given. For a written sworn statement submitted in a proceeding, venue may depend on both where it was sworn and where it was submitted. (Supreme Court E-Library)

For use of falsified documents, venue commonly depends on where the false document was used, submitted, introduced in evidence, or relied upon.

Barangay Conciliation Is Usually Not Required

Perjury and use of falsified public documents are generally outside ordinary barangay conciliation because the penalties and fines exceed the Katarungang Pambarangay threshold. Barangay conciliation generally does not apply where the offense is punishable by imprisonment exceeding one year or a fine exceeding ₱5,000. (Lawphil)

That means a complainant usually proceeds directly to the prosecutor’s office rather than the barangay.

Step-by-Step Guide: What to Do If You Discovered Perjury or a Falsified Public Document

1. Identify the exact false statement or false document

Write down:

What document or statement is false;
Who made, signed, notarized, submitted, or used it;
When it was executed;
When and where it was used;
When you discovered the falsity;
Why the statement or document is legally material.

Avoid vague accusations like “they lied” or “the document is fake.” Prosecutors need specific facts.

2. Get certified copies

Screenshots and photocopies may help at the beginning, but certified copies carry more weight.

Document type	Where to request
Court affidavit, pleading, or exhibit	Court branch where the case is pending or archived
Notarized deed, SPA, affidavit, or acknowledgment	Notary’s office, notarial register, or Office of the Clerk of Court supervising notaries
Land title, deed, or registration record	Registry of Deeds / Land Registration Authority
PSA birth, marriage, death, or CENOMAR record	Philippine Statistics Authority
Corporate document	Securities and Exchange Commission
Tax document	Bureau of Internal Revenue
Immigration document	Bureau of Immigration
Passport or authentication-related document	Department of Foreign Affairs

For documents to be used abroad or foreign documents to be used in the Philippines, authentication may be needed. The DFA uses an Apostille appointment system for many authentication services, and authorized representatives may process documents subject to DFA requirements. (appointment.apostille.gov.ph)

3. Preserve proof of discovery

Because prescription may run from discovery, preserve documents showing when discovery happened.

Useful proof includes:

Date-stamped certified true copy requests;
Official receipts;
Agency letters;
Emails from banks, courts, government offices, or lawyers;
Registry of Deeds tracebacks;
Court filings where the document first appeared;
Witness affidavits explaining how and when the document was discovered.

4. Prepare a complaint-affidavit

A criminal complaint usually begins with a complaint-affidavit. This is a sworn written statement narrating the facts and attaching evidence.

Under current DOJ-NPS procedure, a complaint-affidavit is subscribed and sworn to before a prosecutor, government official authorized to administer oath, or notary public. The complainant should attach supporting affidavits and evidence sufficient to establish probable cause. (limnestor.github.io)

A strong complaint-affidavit usually includes:

Personal details of the complainant and respondent;
Chronological narration of facts;
Identification of the document or sworn statement;
Specific false portions;
Explanation of why the falsehood is material;
Evidence that the respondent knew the statement or document was false;
Date and manner of discovery;
List of attached documents.

5. Attach witness affidavits and documentary evidence

For perjury, attach evidence showing the statement was false and that the accused knew it was false.

For use of falsified documents, attach evidence showing:

The document was falsified;
The respondent used or introduced it;
The respondent knew it was falsified.

Knowledge is often proven through circumstances, not direct admission. For example:

The respondent personally benefited from the fake document;
The respondent was the source of the document;
The respondent submitted the same false document repeatedly;
The respondent had access to the true records;
The supposed signer was abroad, dead, absent, or never appeared before the notary.

6. File with the proper prosecutor’s office

File the complaint with the prosecutor’s office that has territorial jurisdiction.

Typical filing requirements include:

Original complaint-affidavit;
Copies for the prosecutor and each respondent;
Witness affidavits;
Certified true copies of documents;
Government-issued IDs;
NPS investigation data form;
Proof of authority if filing through a representative.

Prosecutors may require additional copies depending on local practice.

7. Attend preliminary investigation

The prosecutor may issue a subpoena requiring the respondent to submit a counter-affidavit. The complainant may be allowed to file a reply-affidavit. The prosecutor then determines whether there is probable cause.

DOJ-NPS rules provide internal timelines for resolution, but actual timelines vary widely depending on office workload, service of subpoenas, complexity of evidence, and motions. (limnestor.github.io)

Which Court Handles the Case?

Court jurisdiction depends on the penalty.

Under Batas Pambansa Blg. 129, as amended by RA 7691, first-level courts generally handle criminal cases where the penalty does not exceed six years of imprisonment, regardless of fine and other accessory penalties. (Lawphil)

Case type	Usual court after filing of information
Perjury under current Article 183	Regional Trial Court, because the penalty can exceed 6 years
Use of falsified public document under Article 172(3)	Usually first-level court, such as MeTC, MTC, MTCC, or MCTC
Article 171 falsification by public officer or notary	Usually Regional Trial Court
Offense involving certain high-ranking public officers in relation to office	May fall under Sandiganbayan jurisdiction

For public officers, Sandiganbayan jurisdiction may apply depending on salary grade, position, and whether the offense was committed in relation to office. RA 10660 expanded and clarified Sandiganbayan jurisdiction over certain public officers and offenses. (Lawphil)

Common Pitfalls in Perjury and Falsified Document Cases

Counting from the wrong date

The date on the document is not always the start of prescription. Discovery matters. But discovery must be proven.

Filing in the wrong place

A perjury complaint filed in the wrong city may be dismissed or delayed because venue is jurisdictional in criminal cases. For affidavits, check where the document was sworn. For use of falsified documents, check where it was submitted or used.

Treating every false statement as perjury

Perjury requires a material false statement under oath, made willfully, before an authorized officer, and required by law or made for a legal purpose. A false unsworn statement may be dishonest, but it is not automatically perjury.

Assuming notarization proves the contents are true

A notarized document is powerful evidence of due execution, but notarization does not magically make every factual statement inside true. False statements in notarized documents can still be attacked with competent evidence.

Relying only on photocopies

Certified true copies, notarial records, court records, registry records, and agency certifications are often crucial. Prosecutors are more likely to act when the documentary trail is clear.

Forgetting the knowledge requirement for “use”

For use of a falsified document, it is not enough to show that the document was fake. The prosecution must usually show that the accused knew it was falsified and still used it.

Ignoring other possible crimes

The same facts may support several legal theories. For example, a fake deed used to sell land may involve falsification, use of falsified document, estafa, perjury, or land registration-related offenses. Prescription must be checked for each offense separately.

Frequently Asked Questions

How many years before perjury prescribes in the Philippines?

For perjury committed after RA 11594 took effect, the prescriptive period is generally 15 years because the penalty is now prision mayor, an afflictive penalty. For perjury committed before the amendment, the period is generally 10 years under the older, lighter penalty.

How many years before use of a falsified public document prescribes?

The ordinary use of a falsified public, official, or commercial document under Article 172(3) generally prescribes in 10 years because the applicable penalty is correctional.

Does prescription start from the date the document was notarized?

Not always. Article 91 says prescription starts from discovery by the offended party, authorities, or their agents. In many falsified-document cases, the document may have been notarized years before the victim discovered it.

Does filing a complaint with the prosecutor stop prescription?

Yes. Filing a complaint or information interrupts prescription under Article 91. The Supreme Court has also recognized that filing a complaint for preliminary investigation with the DOJ or prosecutor can interrupt the running of the prescriptive period.

Can I file both perjury and falsification charges?

Yes, if the facts support both offenses. For example, a person may execute a false sworn affidavit and also use a falsified notarized document. The prosecutor will evaluate the correct charge based on the evidence and legal elements.

What if the accused is abroad?

Article 91 provides that prescription does not run when the offender is absent from the Philippine Archipelago. In practical terms, immigration records, travel history, passport stamps, and Bureau of Immigration certifications may be relevant.

Is a false notarized affidavit automatically perjury?

No. A false notarized affidavit may support a perjury complaint, but the prosecution must still prove the elements: material false statement, oath before an authorized officer, willful and deliberate falsehood, and a legal purpose or legal requirement.

Is damage required for falsification of a public document?

For falsification of public, official, or commercial documents, damage or intent to cause damage is generally not required. The law protects public faith in documents. Damage becomes more important in falsification of private documents.

Do I need barangay conciliation before filing perjury or falsification?

Usually no. These offenses generally exceed the penalty or fine limits for Katarungang Pambarangay proceedings. Complaints are usually filed directly with the prosecutor’s office.

What documents should I prepare before filing?

Prepare the complaint-affidavit, witness affidavits, certified true copies of the false document or sworn statement, proof of falsity, proof of use, proof of discovery date, valid IDs, and any agency certifications or notarial records available.

Key Takeaways

Current perjury cases generally prescribe in 15 years because RA 11594 increased the penalty to prision mayor.
Older perjury acts committed before RA 11594 generally prescribe in 10 years because the harsher amendment should not retroact against the accused.
Ordinary use of a falsified public document generally prescribes in 10 years under Article 172(3) of the Revised Penal Code.
Prescription usually starts from discovery by the offended party, authorities, or their agents—not automatically from the date printed on the document.
Filing a complaint with the prosecutor or DOJ for preliminary investigation can interrupt prescription.
Prescription does not run while the offender is absent from the Philippines.
Certified copies, proof of discovery, notarial records, and agency certifications are often critical in perjury and falsified-document complaints.
Venue matters: perjury by affidavit is usually filed where the affidavit was sworn, while use of a falsified document is usually filed where the document was used or submitted.