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Vs.
MEMORANDUM
the Information.
This is a case for perjury against BC. The basis for this
with bodily harm. The prosecution, however, was able to show that
STATEMENT OF FACTS
But while he was at the door of the hospital, he was again mauled by
KL, MN, and OP.4 So back to the hospital he went. He was treated -
complaint.
1
Tsn, Feb. 18, 2009, at pp. 3-5.
2
Ibid., at p. 6.
3
Exh. “1”.
4
Tsn, Feb. 18, 2009, at pp. 7-8.
5
Exh. “2”.
6
Exhs. “4” and “5”.
3
falsehood;
ARGUMENTS
30, 2003, the Supreme Court restated the four elements of perjury,
namely: (1) that the accused made a statement under oath upon a
the statement; and (4) that the sworn statement containing the falsity
7
See also: Reyes, Luis B., The Revised Penal Code, Book Two, c. 1998, at p. 272.
8
Exh. “B” [also Exh. “6”].
5
the falsity of his statement. The fact is, at the time BC made his
truth. In making the statement, he did not act with evil intent. On
believed in good faith that the one who arrived at the police station
was Police Officer XY because that was how that person announced
himself to be. The way that person acted at that time led everyone
162187, Nov. 18, 2005, it was held that “a mere assertion of a false
police station on May 4, 2011, but such assertion was not deliberate
defense in perjury.
proof imposes upon the prosecution the duty to prove all the
Exh. “B”, which is the affidavit-complaint of BC, “to form part of the
not enough.
show that the person before whom the statement was made was a
RELIEF
2011.
Signed
(Counsel for the Accused)
Address