PERJURY NOTES

This offense, as defined in Article 183 1 of the Revised

Penal Code is the willful and corrupt assertion of a
falsehood under oath or affirmation administered by
authority of law on a material matter. The said article
provides:
The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period shall be imposed
upon any person who, knowingly making untruthful statements
and not being included in the provisions of the next
preceding articles, shall testify under oath or make an
affidavit upon any material matter before a competent person
authorized to administer an oath in cases in which the law
so requires.
Any person who, in case of a solemn affirmation made in lieu
of an oath, shall commit any of the falsehoods mentioned in
this and the three preceding articles of this section shall
suffer the respective penalties provided therein.
The elements of the crime of perjury are:
(a)
That the accused made a statement under oath or
executed an affidavit upon a material matter.
(b) That the statement or affidavit was made before a
competent officer, authorized to receive and administer
oath.
(c) That in that statement or affidavit, the accused
made a willful and deliberate assertion of a falsehood.
(d) That the sworn statement or affidavit containing the
falsity is required by law or made for a legal purpose.
Material matter is the main fact which is the subject of the
inquiry, or any circumstances which tends to prove the fact,
or any fact or circumstance which tends to corroborate or
strengthen the testimony relative to the subject of the
inquiry, or which legitimately affects the credit of any
witness who testified.
DISTINCTIONS BETWEEN FALSE TESTIMONY AND PERJURY:

1 It must be noted that good faith is a defense in

perjury (People of the Philippines v. Abaya, 74
Phil. 59)
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False testimony is given in the course of a judicial

proceeding and contemplates an actual trial where judgement
of conviction or acquittal is rendered and not merely a
preliminary investigation. On the other hand, perjury is
any willful and corrupt assertion of falsehood on a material
matter under oath and not given in judicial proceedings. It
may be committed even during a preliminary investigation as
well as in the making of a false affidavit under oath on a
material matter when required by law.

So, in the Philippines, what is the difference between

false testimony and perjury? Perjury, in this country,
refers to proceedings that are not judicial in nature; while
false testimony is given in a judicial proceeding. False
testimony is punished even if the testimony is not required
by law; in perjury, the statement or testimony is required
by law.
In perjury, the amount involved is immaterial; in false
testimony in civil cases, the amount involved is material.
Finally, in perjury, it is immaterial whether there was
advantage to the defendant; in false testimony, whether or
not the testimony is favorable is material for conviction.
Take note, however, it is not considered perjury, for
example, to lie about your age, unless your age is a key
factor in proving the case. Moreover, there is no perjury
when a person who was once charged for a crime as a child
does not reveal it or later says that he is of good moral
character. A child's case folder is absolutely confidential.
If a bank account is not the issue in a case, it is not
perjury to disclaim knowledge of its contents. Bank accounts
are completely confidential.

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