Perjury: Meaning
Quick answer
Perjury is the crime of knowingly making a false statement under oath, or in an affidavit, about a material matter, before an officer authorized to administer oaths, in a case where the law requires the oath. It is punished by Article 183 of the Revised Penal Code. Since Republic Act No. 11594 (2021), the penalty includes a fine of up to ₱1,000,000 and a lifetime ban from government posts.
Also called: Lying under oath
What does Article 183 say?
The first paragraph, as amended by Republic Act No. 11594, defines the crime:
The penalty of prision mayor 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.
Prision mayor in its minimum period runs from 6 years and 1 day to 8 years (Articles 27 and 76). The words "not being included in the provisions of the next preceding articles" mean that Article 183 covers sworn lies that the earlier articles on false testimony in court cases do not cover. See Article 183 for the full explanation.
What are the elements?
In Saulo v. People (2020), the Supreme Court approved the Court of Appeals' statement of the elements. As quoted with approval in Saulo:
- the accused made a statement under oath or executed an affidavit upon a material matter;
- the statement or affidavit was made before a competent officer, authorized to receive and administer oaths;
- in the statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and
- the sworn statement or affidavit containing the falsity is required by law or made for a legal purpose.
What did RA 11594 add?
The second paragraph of Article 183, as rewritten by RA 11594, adds three things. A person who commits these falsehoods in a solemn affirmation made instead of an oath suffers the same penalties. If the offender is a public officer or employee, the penalty is imposed in its maximum period. And every offender also suffers a fine not exceeding ₱1,000,000 and perpetual absolute disqualification from holding any appointive or elective position in the government. Older cases on acts done before RA 11594 applied the old, lighter penalty.
How is perjury different from falsification?
Perjury is a lie in a sworn statement. Falsification is making or changing a document so that it is false, for example imitating a signature or altering a date, under Articles 171 and 172. A false accusation in an affidavit is also not automatically libel; the rules differ.
Example
Made-up illustration: Nilo signs and swears to a complaint-affidavit before a prosecutor, stating facts he knows are false about who hit him. The affidavit is made for a legal purpose and the false facts are the main point of the complaint, so this can be perjury. If Nilo had written a wrong address by honest mistake, there would be no deliberate falsehood.
For more, see Perjury in the Philippines.
Which provisions use this term?
Frequently asked questions
What is perjury in simple words?
It is lying on purpose in a sworn statement or affidavit, about a matter that is important to the issue, before an officer who can administer oaths, in a case where the law requires the oath. It is punished by Article 183 of the Revised Penal Code.
What is the penalty for perjury?
Prision mayor in its minimum period, from 6 years and 1 day to 8 years. Since Republic Act No. 11594 (2021), the offender also faces a fine of up to ₱1,000,000 and perpetual absolute disqualification from any appointive or elective government position.
Is an honest mistake in an affidavit perjury?
Perjury needs a willful and deliberate assertion of a falsehood. An honest error is not a deliberate lie, but the court looks at all the facts to decide.
What is a material matter?
As quoted with approval in Saulo v. People (2020), it is the main fact subject of the inquiry, or any circumstance that tends to prove that fact, corroborate testimony on it, or affect the credibility of a witness.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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