Perjury: Lying Under Oath and Its Penalty

The first paragraph, as amended by Republic Act No. 11594 (2021), defines the crime:

"Not being included in the provisions of the next preceding articles" means Article 183 covers false statements under oath that are not false testimony in a criminal or civil case, which earlier articles punish.

In Saulo v. People (2020), the Supreme Court approved the Court of Appeals' statement of the elements. As quoted with approval in Saulo, they are:

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

As quoted with approval in Saulo, a material matter is "the main fact subject of the inquiry, or any circumstance which tends to prove that fact, or any fact or circumstance which tends to corroborate or strengthen the testimony related to the subject of the inquiry, or which legitimately affects the credence of any witness who testified."

A false detail that has nothing to do with the issue may not be material. Whether a statement is material is for the court to decide.

These additions come from the second paragraph of Article 183 as rewritten by Republic Act No. 11594. The same paragraph says that a person who commits these falsehoods in a solemn affirmation made instead of an oath suffers the same penalties. RA 11594 also amended Article 184, which punishes knowingly offering a false witness or false testimony in evidence in a judicial or official proceeding.

Older court cases on acts committed before RA 11594 applied the old, lighter penalty. They do not show today's penalty. The ranges come from Articles 27 and 76.

• [Falsification](/law/glossary/falsification) is making or changing a document so that it is false, for example imitating a signature or altering a date. Perjury is a lie in a sworn statement. See falsification of documents.
• [Libel](/law/glossary/libel) is a public and malicious imputation that dishonors a person. A false accusation in an affidavit is not automatically libel, and the rules differ. See libel penalty in the Philippines.

These are made-up examples to show how the rules work. They are not advice for any real case.

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. This can be perjury.

Carla swears to an affidavit and writes an old address by honest mistake. Perjury needs a willful and deliberate falsehood, so an honest error is not perjury, though the court looks at all the facts.

Rommel, a government employee, knowingly lies in a sworn statement required by law. Because he is a public employee, the penalty is imposed in its maximum period, together with the fine and the perpetual disqualification.

The time limit depends on the penalty and is set by Article 90. See prescription of crimes.

Talk to a lawyer before signing a sworn statement you are unsure about, and right away if you are charged with perjury or believe a sworn statement against you is false. A lawyer can check whether the statement was on a material matter and whether the oath was required by law or made for a legal purpose. If you cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.