Dear PAO,
I intend to file a criminal case against a witness who lied on the witness stand during an Action for Specific Performance in which I was involved. His false statements severely affected my case. However, I am confused about the difference between "perjury" and "false testimony." What is the difference between the two, and which is the proper criminal case to file against this lying witness?
Tabby
Dear Tabby,Under the law, Perjury and False Testimony are distinct offenses categorized under different articles of the Revised Penal Code (RPC). Consequently, a determination of where the false statements were made is essential to ensure that the elements of the correct offense are fully satisfied.
The distinction between Perjury and False Testimony lies in where and how the untruthful statement was made. False Testimony, which is governed by Articles 180 to 182 of the RPC, is a crime committed exclusively by a witness who gives false statements in open court during a judicial proceeding, whether criminal, civil, or administrative. On the other hand, Perjury, punished under Article 183 of the RPC, is committed when a person makes a false statement under oath outside of actual court trials, such as in an affidavit or sworn statement.
This strict delineation between the two crimes is deeply rooted in our jurisprudence. Perjury was described in this wise in the case of Criste B. Villanueva vs. The Hon. Secretary of Justice and Horst-Kessler Von Sprengeisen (G.R. No. 162187, November 18, 2005, Ponente: Honorable Associate Justice Romeo J. Callejo, Sr.), where the Supreme Court explained that “[p]erjury is an obstruction of justice whose perpetration may affect the earnest concerns of the parties before a tribunal, and the felony is consummated the moment the false statement is made.” It requires the concurrent presence of four elements: first, that the accused made a statement under oath or executed an affidavit upon a material matter; second, that the statement or affidavit was made before a competent officer authorized to receive and administer oaths; third, that the accused made a willful and deliberate assertion of a falsehood in that statement; and fourth, that the sworn declaration containing the falsity is required by law or made for a legal purpose.Conversely, when the untruthful utterance occurs inside a courtroom during a civil suit, a different set of parameters applies. In the case of Ark Travel Express, Inc. v. Violeta Baguio, et al. (G.R. No. 137010, August 29, 2003, Honorable Associate Justice Consuelo Ynares-Santiago), the Supreme Court pronounced that to constitute False Testimony in a civil case under Article 182 of the RPC, the testimony must be given in a civil case, it must relate to the issues presented therein, the statement must be false, the defendant must know of its falsity, and the testimony must be given maliciously with intent to affect the outcome of the case.
Applying these criteria to your situation, the untruthful statements delivered on the witness stand during an Action for Specific Performance satisfy the first two elements of the offense. To successfully pursue the charge against the lying witness, your next step is to present evidence establishing that the individual willfully, deliberately, and maliciously fabricated the falsehood, and that their declaration involved a material matter that directly compromised or influenced the outcome of the civil suit.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
