If you are checking whether a perjury case or a case for use of a falsified public document is already “too late” to file in the Philippines, the key question is the prescriptive period. In criminal law, prescription means the State loses the right to prosecute because the case was not filed within the period fixed by law. For these offenses, the answer is usually: perjury now prescribes in 15 years, while use of a falsified public document generally prescribes in 10 years. But the actual deadline can change depending on when the crime was discovered, when a complaint was filed, whether the offender was outside the Philippines, and whether the facts involve perjury, falsification, use of a falsified document, or a related offense.

What “Prescription Period” Means in Philippine Criminal Cases

A prescription period is the legal time limit for starting a criminal prosecution.

For crimes punished under the Revised Penal Code, prescription is governed mainly by Articles 90 and 91. Article 90 sets the length of the period based on the penalty attached to the crime. Article 91 explains when the period starts, when it is interrupted, and when it does not run. The Revised Penal Code provides that crimes punishable by other afflictive penalties prescribe in 15 years, while crimes punishable by a correctional penalty prescribe in 10 years, except arresto mayor, which prescribes in 5 years. (Lawphil)

The practical rule is:

Look at the penalty for the offense, classify that penalty, then apply Article 90.

This is why prescription is not always obvious from the name of the crime. You need to check the penalty attached to the specific charge.

Quick Answer: Perjury vs. Use of Falsified Public Document

Offense	Main legal basis	Current penalty category	Usual prescriptive period
Perjury	Article 183, Revised Penal Code, as amended by RA 11594	Prision mayor minimum period, an afflictive penalty	15 years
Use of falsified public document	Article 172, last paragraph, Revised Penal Code	Penalty next lower in degree; generally correctional	10 years
Falsification of public document by a public officer, employee, or notary	Article 171, Revised Penal Code	Prision mayor, an afflictive penalty	15 years
Falsification of public or official document by a private individual	Article 172(1), Revised Penal Code, as amended by RA 10951 as to fine	Prision correccional medium and maximum periods, a correctional penalty	10 years

The table is a starting point. The more important question in real cases is often when the period started to run and whether it was interrupted by a complaint.

Legal Basis for the Prescription Period of Perjury

Perjury under Article 183

Perjury is punished under Article 183 of the Revised Penal Code, which covers false testimony in other cases and perjury in solemn affirmation.

Under Republic Act No. 11594 (2021), Article 183 was amended to increase the penalty for perjury to prision mayor in its minimum period. The law also provides that 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 holding appointive or elective government position. (Lawphil)

Under Article 25 of the Revised Penal Code, prision mayor is an afflictive penalty. Under Article 27, prision mayor runs from 6 years and 1 day to 12 years. (Lawphil)

Because Article 90 says crimes punishable by “other afflictive penalties” prescribe in 15 years, the current prescriptive period for perjury is generally:

15 years from discovery of the perjury, subject to interruption and suspension rules under Article 91.

Important note for older perjury acts before RA 11594

RA 11594 increased the penalty for perjury. Penal laws that are unfavorable to an accused are generally not applied retroactively because Article 22 of the Revised Penal Code gives retroactive effect only to penal laws that favor the accused. (Lawphil)

So if the alleged perjury happened before RA 11594 took effect, the older penalty may matter. Before the amendment, perjury carried the lower penalty of arresto mayor in its maximum period to prision correccional in its minimum period, which was a correctional-level penalty. For older acts, the prescription analysis may therefore be different.

For acts committed under the current law, however, the safer working rule is:

Perjury under current Philippine law prescribes in 15 years.

Elements of Perjury in the Philippines

The Supreme Court has repeatedly described perjury under Article 183 as requiring these elements:

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.
The sworn statement or affidavit containing the falsity was required by law or made for a legal purpose. (Lawphil)

In plain English, perjury is not just “lying.” It is a deliberate false statement under oath about something important, made in a setting where the law requires or recognizes the oath.

Common examples include:

A false affidavit submitted in a court, prosecutor’s office, government agency, or official proceeding.
A false sworn certificate against forum shopping.
A false sworn statement in a notarized affidavit of loss.
A false judicial affidavit.
A false sworn declaration used in an administrative or quasi-judicial case.

Not every wrong statement is perjury. A mistake, opinion, vague statement, or immaterial error may not be enough. The falsehood must be willful, deliberate, and material.

Legal Basis for Use of Falsified Public Documents

Article 172 and the act of “using” a false document

The use of falsified documents is punished under Article 172 of the Revised Penal Code, particularly its last paragraph. Article 172 punishes private individuals who falsify public, official, or commercial documents, and also punishes any person who knowingly introduces in evidence or uses false documents to the damage of another or with intent to cause such damage. (Lawphil)

The law says the person who knowingly uses the false document is punished by the penalty next lower in degree.

This is important because the user of the document may be different from the person who actually forged or falsified it.

For example:

A person uses a fake notarized Deed of Sale to transfer land.
A claimant submits a falsified Special Power of Attorney to a bank.
A party introduces a fake public document in a court case.
A person uses a falsified birth certificate, marriage certificate, death certificate, or school record in an official transaction.
A person submits a forged board resolution, secretary’s certificate, tax document, or government clearance.

Why the prescriptive period is usually 10 years

Article 172, as amended by Republic Act No. 10951 (2017) with respect to fines, punishes falsification by private individuals and use of falsified documents with prision correccional in its medium and maximum periods and a fine of not more than ₱1,000,000 for the principal falsification offense. (Supreme Court E-Library)

Prision correccional is a correctional penalty. Under Article 90, crimes punishable by a correctional penalty prescribe in 10 years. (Lawphil)

For the specific act of using a falsified public document, Article 172 imposes the penalty next lower in degree. In many practical charging situations, the highest possible penalty still falls within the correctional range. This is why the working answer for use of a falsified public document is generally:

Use of a falsified public document prescribes in 10 years.

Perjury and Use of Falsified Documents Are Not the Same

These two offenses often appear together, but they are legally different.

Situation	Possible offense
A person signs a false affidavit under oath	Perjury
A person forges another person’s signature in a public document	Falsification of public document
A person submits a fake notarized SPA to a bank or government office	Use of falsified document
A person submits a false sworn affidavit and attaches fake documents	Perjury, use of falsified documents, or both, depending on the evidence
A notary public falsely notarizes a document or makes it appear that someone personally appeared	Falsification by public officer/notary; possible administrative liability as notary

A single transaction can produce several possible charges. For example, if someone creates a false notarized Deed of Sale, uses it at the Registry of Deeds, and later files a sworn affidavit defending it, the facts may involve:

falsification of public document;
use of falsified public document;
perjury;
estafa, if the falsification was used to defraud someone;
violation of special laws, depending on the transaction; and
administrative or disciplinary liability if a notary, lawyer, public officer, or licensed professional was involved.

When Does the Prescription Period Start?

Under Article 91, prescription starts from the day the crime is discovered by the offended party, the authorities, or their agents. The period is interrupted by the filing of the complaint or information, and it starts running again if the proceedings terminate without conviction or acquittal, or are unjustifiably stopped for a reason not imputable to the accused. Article 91 also provides that prescription does not run while the offender is absent from the Philippines. (Lawphil)

This means the date of the false document is not always the only date that matters.

You need to identify at least four dates:

Date of execution or notarization Example: the date on the affidavit, deed, SPA, board resolution, or certification.
Date of actual use Example: when it was filed in court, submitted to the Registry of Deeds, used at a bank, presented to the BIR, submitted to the PSA, or attached to an agency application.
Date of discovery Example: when the victim first obtained a certified true copy, received notice of transfer, saw the fake document in a case record, or learned from an agency that the document had been used.
Date of filing of the criminal complaint Example: when the complaint-affidavit was filed with the Office of the City Prosecutor, Provincial Prosecutor, Ombudsman, or proper investigating authority.

Example 1: Fake deed discovered years later

A landowner discovers in 2026 that a Deed of Sale supposedly signed in 2016 was used to transfer property. If the landowner had no reasonable way to know of the falsification earlier, the prescription argument may focus on the 2026 discovery date, not simply the 2016 document date.

But expect the other side to argue that the transfer was in public records and could have been discovered earlier. This is why certified records from the Registry of Deeds, tax declaration history, notices, and dates of actual knowledge matter.

Example 2: False affidavit filed in court

A party executes a false affidavit in 2022 and files it in a court case in 2023. The offended party discovers the falsehood in 2024 after obtaining contrary government records.

For perjury, the relevant analysis may include the date of the sworn statement, the place where it was sworn, the date it was used, and the date the falsehood was discovered.

Example 3: Repeated use of the same false document

If the same falsified SPA is used in separate transactions—first at a bank, later before a government agency, then later in court—each act of use may create separate factual issues. The prosecution may argue that later uses are separate acts with their own reckoning dates.

What Interrupts the Prescription Period?

The most practical point for complainants is this:

Filing a proper criminal complaint can interrupt the running of prescription.

Article 91 says prescription is interrupted by the filing of the complaint or information. The Supreme Court has explained that filing a complaint-affidavit with the prosecutor can constitute the start of proceedings that interrupts prescription, because an offended party should not lose the right to prosecute due to delays beyond their control. (Lawphil)

The Supreme Court also clarified in 2025 that, prospectively, the filing of a criminal complaint before the DOJ or prosecution office tolls the running of the prescriptive period, including in cases affected by expedited or summary procedures. (Supreme Court of the Philippines)

In practical terms, do not wait until the last months of the prescriptive period. Prosecutor’s offices often experience delays due to docket congestion, incomplete addresses, requests for additional evidence, counter-affidavit schedules, motions for reconsideration, and petitions for review.

Where to File a Complaint

The correct office depends on who committed the act, where it happened, and how the document was used.

Situation	Usual office or forum
Private person committed perjury or used a falsified public document	Office of the City or Provincial Prosecutor
Public officer used office or position in committing falsification	Ombudsman may have jurisdiction, especially if connected with official duties
Notary public involved in false notarization	Prosecutor or Ombudsman for criminal aspect; court/Office of the Executive Judge or Supreme Court disciplinary process for notarial/lawyer discipline
Document used in a pending court case	Prosecutor’s office may handle the criminal complaint; the court handling the main case may also deal with evidentiary consequences
Document used before a government agency	Complaint may be filed with prosecutor/Ombudsman; agency records should be secured as evidence

Court jurisdiction after the prosecutor files the Information

Court jurisdiction depends on the penalty.

Under RA 7691, first-level courts such as the MeTC, MTCC, MTC, and MCTC generally have jurisdiction over offenses punishable by imprisonment not exceeding 6 years, except those within the jurisdiction of the RTC or Sandiganbayan. (Lawphil)

This usually means:

Perjury under current Article 183 goes to the Regional Trial Court (RTC) because the penalty is prision mayor minimum, which exceeds 6 years.
Use of falsified public document often goes to the first-level court if the imposable penalty does not exceed 6 years.
Falsification by a public officer or notary under Article 171 may go to the RTC or, for certain public officers and circumstances, the Sandiganbayan.

Venue is also critical. In criminal cases, venue is jurisdictional. For perjury by affidavit, the place where the affidavit was subscribed and sworn to can matter, not merely the place where the affidavit was later filed. The Supreme Court has treated venue in perjury cases carefully because the court must have territorial jurisdiction over the offense. (Lawphil)

Step-by-Step Guide If You Discovered Perjury or a Falsified Public Document

1. Identify the exact false statement or falsified document

Do not file a complaint based only on the general feeling that “the document is fake.”

Write down:

the exact document title;
date of execution;
notary public details, if notarized;
document number, page number, book number, and series number;
where the document was used;
who used it;
how you discovered it;
what specific statement, signature, date, seal, entry, or certification is false.

For perjury, identify the exact sworn statement that is false. For use of falsified documents, identify the exact act of use.

2. Secure certified true copies

Ordinary photocopies are useful for initial review, but criminal complaints are stronger when supported by certified records.

Common sources include:

Document	Where to get it
Court-filed affidavit or pleading	Branch Clerk of Court
Prosecutor record	Office of the City/Provincial Prosecutor, if allowed
Notarized document	Notary’s notarial register; Office of the Clerk of Court notarial records
Land title or deed record	Registry of Deeds
Tax declaration or real property tax records	City/Municipal Assessor or Treasurer
PSA birth, marriage, death, or CENOMAR records	Philippine Statistics Authority
Corporate documents	SEC
Tax records	BIR, subject to confidentiality rules and lawful process
Immigration or travel records	Bureau of Immigration, usually through proper request or subpoena
School records	School registrar, CHED/DepEd as applicable

3. Check the notarial details

Many falsified public document cases involve notarized documents.

A notarized document is generally treated as a public document and enjoys a presumption of regularity, but that presumption can be overcome by clear and convincing evidence. (Lawphil)

Check:

Did the supposed signer personally appear before the notary?
Was competent evidence of identity recorded?
Does the notarial register contain the entry?
Does the signature in the notarial register match?
Was the notary commissioned on that date?
Was the notary authorized in that territorial jurisdiction?
Was the document number/page/book/series duplicated or suspicious?
Was the signer abroad, hospitalized, detained, deceased, or otherwise unable to appear?

4. Prepare affidavits and supporting proof

A criminal complaint usually includes:

complaint-affidavit of the offended party;
affidavits of witnesses;
certified true copies of documents;
comparison documents or specimen signatures;
agency certifications;
proof of discovery date;
proof of use of the document;
proof of damage or intent to cause damage, when relevant;
IDs and contact details of complainant and witnesses.

For perjury, attach documents proving the sworn statement was false. For example, if someone swore that they were single, attach PSA marriage records. If someone swore that they owned property, attach title records. If someone swore they were in the Philippines on a date, travel records may be relevant.

5. File with the correct prosecutor or investigating office

File in the place where the offense was committed.

For perjury, pay attention to where the oath was taken. For use of a falsified document, pay attention to where the document was knowingly used, filed, submitted, or introduced in evidence.

If the respondent is a public officer and the act is connected with official duties, consider whether the complaint should be filed with the Office of the Ombudsman instead of the regular prosecutor.

6. Attend preliminary investigation or summary investigation

The respondent will usually be required to file a counter-affidavit. The complainant may be allowed to file a reply-affidavit. The prosecutor then issues a resolution either dismissing the complaint or finding probable cause.

Typical bottlenecks include:

incomplete addresses of respondents;
failure to attach certified copies;
lack of proof that the respondent knew the document was false;
unclear discovery date;
filing in the wrong venue;
treating a civil property dispute as automatically criminal;
delay in obtaining notarial records;
agency refusal to release records without subpoena or court order.

7. Track prescription even after filing

Filing a complaint may interrupt prescription, but do not become passive. Keep copies of:

stamped complaint-affidavit;
receiving copy with date and docket number;
subpoena and notices;
prosecutor resolutions;
motions, appeals, or petitions for review;
proof that delays were not caused by you.

If the proceedings are dismissed or unjustifiably stopped for reasons not imputable to the accused, Article 91 issues may arise again.

Common Pitfalls in Perjury and Falsified Document Cases

Mistaking a false statement for perjury

A false statement is not automatically perjury. It must be under oath, material, deliberate, and made before a person authorized to administer oath in a legally recognized situation.

Filing in the wrong city or province

Venue errors can cause dismissal. If the affidavit was notarized in Makati but filed in a case in Quezon City, the proper venue for perjury may require closer analysis. If a fake document was used at the Registry of Deeds in Cebu, that use may point to Cebu even if the document was prepared elsewhere.

Waiting for the civil case to finish

Many people wait for an annulment, land case, ejectment case, estate case, or corporate dispute to end before filing a criminal complaint. That can be risky. A criminal complaint for perjury or use of falsified documents may proceed separately if the elements are present.

Relying only on screenshots or photocopies

Screenshots, scans, and photocopies may help start the investigation, but certified true copies and official records carry more weight.

Forgetting to prove knowledge

For use of a falsified document, the prosecution must show that the accused knowingly used the false document. If the user reasonably believed the document was genuine, that becomes a defense. Evidence of knowledge may come from participation in preparation, suspicious circumstances, prior notices, inconsistent statements, or benefit from the false document.

Confusing falsification with estafa

If the false document was used to obtain money, property, or a benefit, estafa may also be involved. But estafa has separate elements and prescription rules depending on the penalty and amount involved. Do not assume that proving falsification automatically proves estafa.

Ignoring the offender’s absence from the Philippines

Article 91 states that prescription does not run while the offender is absent from the Philippine Archipelago. (Lawphil)

This can matter when the suspected offender is an OFW, foreign national, former resident, or person who left the Philippines after the transaction.

Special Issues for Filipinos Abroad and Foreigners

Documents signed abroad

If an affidavit, SPA, deed, or sworn declaration was signed abroad for use in the Philippines, check whether it was:

notarized before a Philippine Embassy or Consulate;
apostilled by the competent authority in a country that is a party to the Apostille Convention;
authenticated or legalized under the rules applicable to a non-Apostille country;
later used in the Philippines before a court, bank, Registry of Deeds, BIR, BI, PSA, SEC, or local government office.

The Philippines has used the Apostille system since the Apostille Convention entered into force for the country in 2019. The DFA explains that apostillized documents generally no longer need consular authentication when both countries are Apostille Convention parties. (Philippine Embassy in New Delhi)

Foreign public documents used in Philippine proceedings

If the allegedly falsified document is foreign, the issue may involve both:

the authenticity of the foreign document; and
the Philippine act of using that document in a Philippine transaction or proceeding.

You may need certified copies, apostille verification, consular records, translations, and testimony or certification from the issuing foreign authority.

Foreign respondents

Foreign nationals can be criminally liable for offenses committed in the Philippines. If they leave the country, prescription may stop running during their absence under Article 91. Practical enforcement, however, may require immigration records, warrants, and sometimes extradition analysis depending on the offense and treaty situation.

Practical Timeline in a Typical Case

Stage	Practical timeline	Notes
Gathering certified records	2 weeks to several months	Registry, court, PSA, BIR, notarial archives, and agency delays are common
Drafting complaint-affidavit	1 to 4 weeks	Longer if many documents or witnesses are involved
Filing with prosecutor/Ombudsman	Same day once complete	Keep stamped receiving copy
Counter-affidavit stage	1 to 3 months or more	Delays happen if respondent cannot be served
Prosecutor resolution	Several months to over a year	Depends heavily on office docket
Motion for reconsideration or petition for review	Additional months	May affect when Information is filed
Court proceedings after Information	Months to years	RTC cases often take longer

Because prescription is unforgiving, it is better to file once the evidence is reasonably complete rather than wait for perfect evidence that may take years to obtain.

How to Count the Period in Real Life

Use this working checklist:

Classify the offense. Is it perjury, falsification, use of falsified document, estafa through falsification, or a special law violation?
Check the penalty. The penalty determines whether Article 90 gives 15 years, 10 years, or another period.
Identify the discovery date. Who discovered the crime, and when? Was it the victim, a government agency, a court, or law enforcement?
Check if the accused was outside the Philippines. If yes, determine the periods of absence.
Check filing dates. Was a complaint-affidavit filed with the prosecutor, Ombudsman, or proper authority before the period expired?
Check whether proceedings were dismissed or stopped. If proceedings ended without conviction or acquittal, prescription may start running again depending on the reason.
Preserve proof of every date. Date stamps, certified copies, registry entries, notices, travel records, and agency certifications can decide the prescription issue.

Frequently Asked Questions

What is the prescription period for perjury in the Philippines?

Under current law, perjury under Article 183 of the Revised Penal Code, as amended by RA 11594, generally prescribes in 15 years because the penalty is prision mayor minimum period, an afflictive penalty.

What is the prescription period for use of a falsified public document?

Use of a falsified public document under Article 172 generally prescribes in 10 years because the applicable penalty is generally correctional in nature.

Does prescription start from the date of the document or the date I discovered it?

Under Article 91, prescription starts from the day the crime is discovered by the offended party, the authorities, or their agents. In practice, the document date, date of use, date of registration, and date of actual discovery can all become important.

Is a notarized fake document considered a public document?

A notarized document is generally treated as a public document and enjoys a presumption of regularity. But that presumption can be challenged with strong evidence, such as proof that the supposed signer did not appear, the notarial entry is missing or false, or the notary was not properly commissioned.

Can I file perjury if someone lied in a court pleading?

Only if the statement was made under oath and the elements of perjury are present. Many pleadings contain arguments, allegations, or denials that may be false or misleading but are not automatically perjury unless they are sworn statements on material matters.

Can someone be charged both with perjury and use of a falsified document?

Yes, if the facts support both offenses. For example, a person may submit a falsified document and also execute a sworn affidavit falsely attesting to facts about that document.

Does barangay conciliation apply to perjury or falsification cases?

Usually no. Perjury and falsification-related offenses carry penalties beyond the usual barangay conciliation threshold and involve public interest in the integrity of official documents and sworn statements. In practice, these cases are filed with the prosecutor or Ombudsman, not settled as ordinary barangay disputes.

What if the fake document was used in a land transfer years ago?

Get certified true copies from the Registry of Deeds, Assessor, Treasurer, and notarial records. The prescription analysis will consider the offense charged, the date of falsification or use, the date of discovery, and whether the accused was absent from the Philippines.

What if the person who used the false document says they did not know it was fake?

Knowledge is a key issue in use of falsified document cases. The complainant should gather evidence showing that the user knew or had reason to know the document was false, such as participation in preparation, benefit from the document, prior warnings, inconsistent explanations, or impossible notarization details.

Does filing a complaint with the prosecutor stop prescription?

Yes, filing a proper criminal complaint with the prosecutor can interrupt or toll the prescriptive period. The Supreme Court has emphasized that complainants should not lose their right to prosecute because of delays in the investigation process that are beyond their control. (Supreme Court of the Philippines)

Key Takeaways

Perjury under current Philippine law generally prescribes in 15 years.
Use of a falsified public document generally prescribes in 10 years.
The period usually starts from discovery by the offended party, authorities, or their agents, not always from the date written on the document.
Filing a proper criminal complaint with the prosecutor, Ombudsman, or proper investigating authority can interrupt prescription.
Prescription does not run while the offender is absent from the Philippines.
Perjury requires a deliberate falsehood under oath on a material matter; not every lie is perjury.
Use of a falsified document requires proof that the accused knowingly used the false document.
Certified true copies, notarial records, agency certifications, and proof of discovery dates are often decisive.
Venue matters: filing in the wrong city, province, or office can create serious procedural problems.
If the facts involve public officers, notaries, land records, court filings, or documents signed abroad, the prescription analysis should be done carefully before filing.