UNION BANK VS PEOPLE (Perjury)

G.R. No. 192565, February 28, 2012

En Banc
Brion, J
Nature of the Case: Petition for the reversal of RTC Decision &
Petition to Quash the Information for Perjury against Tomas
Brief:
This is an appeal of the decision rendered by the Lower Court on the
constitutionality of Ordinance No. 84, series of 1975 of the
Municipality of Bocaue, Bulacan.
FACTS:
Certification against Forum Shopping was made integral
parts of two complaints for sum of money with prayer for a
writ of replevin against the respondent spouses Eddie
Tamondong and Eliza B. Tamondong,
Spouses filed a complaint-affidavit against Tomas for
violation of Article 183 of the RPC, for making a false
narration in a Certificate against Forum Shopping.
OSG shared the petitioners view and issued Manifestation
and Motion in lieu of Comment relying also in Ilusorio case
and the crime of perjury is the deliberate or intentional
giving of false evidence in the court where the evidence is
material.
The case was referred to En Banc because of the conflicting
rulings in the case of Ilusorio (basis of the petition) and the

Sy Tiong case that was the basis of the assailed RTC-Makati

City ruling

ISSUE: WON perjury is committed?

ACTIONS OF THE COURT:
MTC of Makati:
Denied the Petition to Quash on the ff. ground:
a) It has jurisdiction since the Certificate against
Forum Shopping was notarized in Makati City;
and
b) Information sufficiently charged Tomas with
perjury
Dismissed the Motion for Reconsideration filed by
Petitioner
RTC-Makati- Dismissed the Petition for Certiorari on the ground of
abuse of discretion. Basis of the ruling is quoted as
follows the criminal action shall be instituted and
tried in the court of the municipality or territory
where the offense was committed, or where any of its
essential ingredients occurred.
RTC-Makati City also observed that the facts in
Ilusorio [the case used by the petitioner] are
different from the facts of the present case
MTC did not commit grave abuse of discretion since
since the order denying the Motion to Quash was
based on jurisprudence later than Ilusorio.
Supreme Court: Dismissed the petition.

Rationale:
The constitutive act of the offense is the making of an affidavit; thus,
the criminal act is consummated when the statement containing a
falsity is subscribed and sworn before a duly authorized person.
The following are the elements of Perjury vis--vis the applicability
in the herein case:
ELEMENT
APPLICABILITY
1. That the accused made a The
petitioner
executed
statement under oath or
Certificate Against Forum
executed an affidavit upon a
Shopping, duly notarized in
material matter
Makati City

2. That the statement or The

petitioner
executed
affidavit was made before a
Certificate Against Forum
competent officer, authorized to
Shopping, duly notarized in
receive and administer oath.
Makati City.
3. That in the statement or Deliberate falsehood was also
affidavit, the accused made a
sufficiently alleged to have
willful and deliberate assertion
been committed in Makati
of a falsehood.
City, not Pasay City. The
Information indicates that the
Petitioner has not commenced
any
other
action
or
proceeding involving the

same issues in another

tribunal or agency, accused
knowing well that said
material statement was
false
4. That the sworn statement or Certificate Against Forum
affidavit containing the falsity
Shopping is required by law.
is required by law or made for a
legal purpose.

As to the venue (criminal proceedings), when the crime is committed

through false testimony under oath in a proceeding that is neither
criminal nor civil, venue is at the place where the testimony under
oath is given. If in lieu of or as supplement to the actual testimony
made in a proceeding that is neither criminal nor civil, a written
sworn statement is submitted, venue may either be at the place where
the sworn statement is submitted or where the oath was taken as the
taking of the oath and the submission are both material ingredients of
the crime committed. In all cases, determination of venue shall be
based on the acts alleged in the Information to be constitutive of the
crime committed.

NOTE: In my opinion, other topics discussed in the case are more

applicable to the proper venue of action which is covered in
Criminal Proceeding subject. As to the Criminal Law subject, the
essence of the case is only to determine whether Perjury is
committed.