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False Testimony In Other Cases And Perjury In Solemn Affirmation

ART.183.

ELEMENTS:
1. That an accused made a statement under oath or made an affidavit upon a material
    matter;
2. That the statement or affidavit was made before a competent officer, authorized to
    receive and administer oath;
3. That in that statement or affidavit, the accused made a willful and deliberate
    assertion of a falsehood; and
4. That the sworn statement or affidavit containing the falsity is required by law.

Two (2) Ways Of Committing Perjury:
a. by falsely testifying under oath
b. by making a false statement

NOTES:

Subornation of perjury is committed if a person procures another to swear falsely
and the witness suborned does testify under circumstances rendering him guilty of perjury.
This is now treated as plain perjury, the one inducing another as principal by inducement
and the one induced as principal by direct participation.

Solemn affirmation refers to non-judicial proceedings and affidavits.

A false affidavit to a criminal complaint may give rise to perjury.

A matter is material when it is directed to prove a fact in issue.

A “competent person authorized to administer an oath” means a person who has
a right to inquire into the questions presented to him upon matters under his jurisdiction.

There is no perjury through negligence or imprudence since the assertion of falsehood
must be willful and deliberate.

Even if there is no law requiring the statement to be made under oath, as long as
it is made for a legal purpose, it is sufficient.

Perjury is an offense which covers false oaths other than those taken in the course
of judicial proceedings.

False testimony before the justice of the peace during a preliminary investigation may
give rise to the crime of perjury, not false testimony in judicial proceedings. The latter
crime contemplates an actual trial where a judgment of conviction or acquittal is
rendered.

Diaz vs. People, 191 SCRA 86
Elements of perjury
1. Offender makes a statement under oath or executes an affidavit upon a material matter;
2. The statement or affidavit is made before a competent officer, authorized to receive
    and administer oaths;
3. Offender makes a willful and deliberate assertion of a falsehood in the statement
    or affidavit;
4. The sworn statement or affidavit containing the falsity is required by law, that is,
    it is made for a legal purpose.

The statement should be outside the coverage of art 180-181.

Because of the requirement that the assertion of a falsehood be made willfully and
deliberately, there could be no perjury through negligence or imprudence.

Furthermore, good faith or lack of malice is a defense in perjury.

It is not necessary that there be a law requiring the statement to be made
under oath, as long as it is made for a legal purpose.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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